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ENVIRONMENTAL MANAGEMENT AND POLLUTION CONTROL ACT 1994 - SECT 42ZI

Subdivision 9 - Appeals in relation to licences Right of appeal

(1)  A person who intends to carry out an EL activity may appeal to the Appeal Tribunal against a decision of the Director or the Board under section 42J or section 42K to refuse to grant an environmental licence in relation to the activity, except in relation to a decision in accordance with section 42L(1) .
(2)  A person to whom an environmental licence has been granted may appeal to the Appeal Tribunal against a decision of the Director or the Board –
(a) under section 42F to impose conditions or restrictions on the environmental licence, but only if the condition or restriction to which the appeal relates is not a condition or restriction substantially the same as a condition or restriction imposed on an existing authorisation in relation to the activity to which the environmental licence relates; or
(b) under section 42J , or section 42K , to impose conditions or restrictions on the environmental licence.
(3)  A person who holds or has held an environmental licence may appeal to the Appeal Tribunal against a decision of the Director or the Board –
(a) under section 42N to vary the environmental licence, if the variation is not a variation of the licence for which the holder of the environmental licence applied under section 42N(1) ; or
(b) under section 42N to refuse to vary the environmental licence; or
(c) under section 42P to vary the environmental licence, but only if the person provided the Director under section 42P(3) with written reasons why the licence ought not be so varied; or
(d) under section 42Q to vary the environmental licence but, if the variation is made after an assessment conducted under section 27AA(5) , only if the person provided the Board under section 42P(10) with written reasons why the licence ought not be so varied; or
(e) under section 42Q to refuse to vary the environmental licence; or
(f) under section 42T to refuse to renew the environmental licence; or
(g) under section 42U to renew the environmental licence; or
(h) under section 42T or 42U to impose a condition or restriction on an environmental licence as renewed under that section, if the condition or restriction was not a condition or restriction of the licence before the licence was renewed; or
(i) under section 42W to refuse to transfer the environmental licence; or
(j) under section 42W(4) to impose, on the environmental licence as transferred under section 42W , a condition or restriction that was not a condition or restriction of the environmental licence before it was transferred; or
(k) under section 42ZF to suspend or cancel the environmental licence; or
(l) under section 42ZH to refuse to grant an approval of the surrender of the environmental licence; or
(m) under section 42ZH to impose a condition or restriction on an approval, granted under that section, of the surrender of the environmental licence.
(4)  Subsections (2) and (3) do not apply in relation to a decision of the Director or the Board to impose on an environmental licence a condition referred to in section 42Z(2)(m) or to vary such a condition.
(5)  An appeal under this section must be made by a person within 14 days after the day on which notice of the decision to which the appeal relates was given to the person under section 42E(9) , section 42M , section 42N(7) , section 42P(4) , section 42R , section 42T(9) , section 42U(6) , section 42W(6) , section 42ZF(1) or section 42ZH(2) , as the case may be.



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