South Australian Current Acts

ENVIRONMENT PROTECTION ACT 1993 - SECT 107

107—Operation and implementation of decisions or orders subject to appeal

        (1)         Subject to subsection (2), the making of an appeal to the Environment, Resources and Development Court against a decision or order does not affect the operation of the decision or order or prevent the taking of action to implement the decision or order.

        (2)         The Court may, on application by a party to an appeal, make an order staying or otherwise affecting the operation or implementation of the whole or a part of the decision or order appealed against if the Court is satisfied that it is appropriate to do so having regard to—

            (a)         the possible environmental consequences and the interests of any persons who may be affected by the appeal; and

            (b)         the need to secure the effectiveness of the hearing and determination of the appeal.

        (3)         An order under this section—

            (a)         may be varied or revoked by the Court by further order;

            (b)         is subject to such conditions as are specified in the order;

            (c)         has effect until—

                  (i)         the end of the period of operation (if any) specified in the order; or

                  (ii)         the decision of the Court on the appeal comes into operation,

whichever is the earlier.

        (4)         The Court must not make an order under this section unless each party to the appeal has been given a reasonable opportunity to make submissions in relation to the matter.