Victorian Current Acts Victorian Current Acts(1) A licensee or the holder of an extractive industry work authority may apply to the Tribunal for review of—
(a) a decision of the Department Head under section 40A, 41AAB, 77G or 77HB to refuse to approve a work plan or a variation of an approved work plan; or
(b) a decision of the Department Head under section 40A, 41AAB, 77G or 77HB to approve a work plan or the variation of an approved work plan with conditions.
(2) The holder of an extractive industry work authority may apply to the Tribunal for review of—
(a) a decision of the Minister to impose a condition on the extractive industry work authority under section 77J; or
(b) a decision of the Minister to vary a condition of the extractive industry work authority under section 77M or impose a new condition under that section; or
(c) a decision of the Minister under section 77N to impose a new condition on the extractive industry work authority that the Minister has consented to be transferred to another person under that section.
(3) A licensee, the holder of an extractive industry work authority or a person proposing to apply for an extractive industry work authority may apply to the Tribunal for review of—
(a) a decision of the Department Head under section 77TD to refuse to statutorily endorse a work plan or variation to an approved work plan; or
(b) a decision of the Department Head under section 77TD to statutorily endorse a work plan or variation to an approved work plan with conditions.
(4) The former holder of an extractive industry work authority may apply to the Tribunal for review of a decision of the Minister to cancel the work authority under section 77O.
(5) Subsections (1) and (3) do not apply to a condition that has been imposed on an approval of a work plan or of a variation of a work plan if—
(a) the condition is substantially the same as a condition of the relevant planning scheme or a planning permit for the carrying out of the extractive industry; or
(b) a decision to impose the condition has already been the subject of review by the Tribunal.
S. 77TJ inserted by No. 10/2014 s. 36.