South Australian Current Acts South Australian Current Acts (1) If—
(a) an
applicant for an aquaculture lease is dissatisfied with—
(i)
a decision of the Minister not to grant a corresponding
licence; or
(ii)
a decision of the Minister fixing the conditions of a
corresponding licence; or
(b) an
applicant for a corresponding licence is dissatisfied with a decision of the
Minister not to grant the licence; or
(c) an
applicant for an aquaculture licence (other than a corresponding licence) is
dissatisfied with—
(i)
a decision of the Minister not to grant the licence; or
(ii)
a decision of the Minister fixing the conditions of the
licence; or
(d) the
holder of an aquaculture licence is dissatisfied with—
(i)
a decision of the Minister varying the conditions of the
licence; or
(ii)
a decision of the Minister refusing to consent to the
transfer or surrender of the licence; or
(iii)
a decision of the Minister to suspend or cancel the
licence; or
(e) an
applicant for an aquaculture tourism development authorisation under
Part 7A is dissatisfied with—
(i)
a decision of the Minister not to grant an aquaculture
tourism development authorisation, a tourism lease or a tourism licence under
that Part; or
(ii)
a decision of the Minister fixing the conditions of an
aquaculture tourism development authorisation, a tourism lease or a tourism
licence under that Part,
the applicant for the licence or lease, or the holder of the licence, (as the
case may be), may apply to the Tribunal under section 34 of the
South Australian Civil and Administrative Tribunal Act 2013 for a review
of the Minister's decision.
(2) However, there is
no right of review in relation to an application for a production lease or a
corresponding licence if the application is made in response to a public call
for applications and the application was not an application determined by the
Minister under this Act to be a preferred application (see
section 35(8)).
(3) Subject to this
section, an application for a review must be made within 1 month after
the applicant receives notice of the relevant decision (or within such longer
period as the Tribunal may allow).
(4) The Minister must,
on application by a person affected by a decision that may be the subject of a
review by the Tribunal, state in writing the reasons for the Minister's
decision.
(5) If the reasons of
the Minister are not given in writing at the time of making a decision and the
person affected by the decision, within 1 month of the making of the
decision, requires the Minister to state the Minister's reasons in writing,
the time for applying for a review runs from the time when the person receives
the written statement of those reasons.
(6) For the purposes
of this Part, a response made by the EPA to the Minister within the time
allowed under Part 8 that the EPA does not approve the granting of a
licence will be taken to be a decision of the Minister that the licence will
not be granted and the EPA's reasons for its decision will be taken to be the
Minister's reasons.
(7) The EPA will be a
party to a review of a decision of the Minister relating to any matter
referred to the EPA under Part 8.