(1) A person aggrieved
by any of the following decisions of the Minister may lodge with the Minister
an appeal in writing setting out the grounds of the appeal —
(a) in
the case of an application referred to the CEO under
regulation 17(3) — the grant of approval under
regulation 18B(1);
(b) the
imposition of a condition on an approval under regulation 18B(2)
(including specifying the period for which an approval has effect);
(c) the
amendment of an approval under regulation 18E(3);
(d) the
revocation of an approval under regulation 18E(3).
(2) An applicant for
approval under regulation 17(1) who is aggrieved by either of the
following decisions of the Minister may lodge with the Minister an appeal in
writing setting out the grounds of the appeal —
(a) the
refusal under regulation 18A(2) to assess the application;
(b) the
refusal under regulation 18B(1) to grant the approval.
(3) The holder of an
approval under regulation 18B(1) who is aggrieved by the decision of the
Minister under regulation 18E(3) to refuse to amend the approval may
lodge with the Minister an appeal in writing setting out the grounds of the
appeal.
(4) The appeal must be
lodged —
(a) in
the case of an appeal referred to in subregulation (2) or
(3) — within 21 days of the applicant being notified of the
decision;
(b)
otherwise — within 21 days of publication of notice of the
decision under regulation 18C.
(5) Pending the
determination of an appeal lodged under subregulation (1)(a) or (b), (2)
or (3), the decision against which that appeal is lodged continues to have
effect.
(6) Pending the
determination of an appeal lodged under subregulation (1)(c) or (d), the
decision is to be taken not to have been made.
(7) Sections 105
to 110 of the Act apply to an appeal lodged under subregulation (1), (2)
or (3) as if that appeal were an appeal referred to in section 102(1) of
the Act.
[Regulation 18H inserted: Gazette 5 Dec 2013
p. 5697‑9.]