(1) Subject to
section 105, an applicant for —
(a) a
works approval or licence who is aggrieved by the refusal of the CEO to grant
the works approval or licence under section 54(3) or 57(3), as the case
requires; or
(b) the
transfer of a works approval or licence who is aggrieved by the refusal of the
CEO to transfer the works approval or licence under section 64(2); or
(c) a
works approval or licence or transfer of a works approval or licence who is
aggrieved by the specification by the CEO of any condition in the works
approval or licence under section 54(3), 57(3) or 64(2),
may within 21 days of
being notified of that refusal or specification, as the case requires, lodge
with the Minister an appeal in writing setting out the grounds of that appeal.
(2) Subject to
section 105, the holder of a works approval or licence who is aggrieved by the
amendment of the works approval or licence under section 59(1), or the
revocation or suspension of the works approval or licence under
section 59A(1), may within 21 days of being notified of that amendment,
revocation or suspension lodge with the Minister an appeal in writing setting
out the grounds of that appeal.
(3) A person who
—
(a) not
being an applicant referred to in subsection (1), disagrees with a
specification referred to in that subsection; or
(b) not
being a holder referred to in subsection (2), disagrees with an amendment
referred to in that subsection,
may within the period
within which the applicant or holder can lodge an appeal about that
specification or amendment lodge with the Minister an appeal in writing
setting out the grounds of that appeal.
(4) Pending the
determination of the relevant appeal lodged under subsection (1), (2) or (3)
in respect of a refusal, specification, revocation or suspension, the decision
against which that appeal is lodged continues to have effect.
(5) Pending the
determination of the relevant appeal lodged under subsection (2) in respect of
an amendment, the amendment shall be deemed not to have been made.
(6) Pending the
determination of the relevant appeal lodged under subsection (3) in respect of
an amendment, the amendment continues to have effect.
[Section 102 amended: No. 54 of 2003 s. 82, 99 and
140(2); No. 40 of 2010 s. 11.]