MCU14/0028 Appendix 2 EnvProtAct 1994

                                                 Environmental Protection Act 1994
                                                         Chapter 11 Administration
                                            Part 3 Review of decisions and appeals

                                                                           [s 521]

              (b)    a person in a less senior office than the person who
                     made the original decision.
        (8)   Within 10 business days after making the review decision, the
              administering authority must give written notice of the
              decision to the applicant and persons who were given notice
              of the original decision.
        (9)   The notice must—
              (a)    include the reasons for the review decision; and
              (b)    inform the persons of their right of appeal against the
                     decision.
       (10)   If the administering authority does not comply with
              subsection (5) or (8), the authority is taken to have made a
              decision confirming the original decision.
       (11)   Subsection (7) applies despite the Acts Interpretation Act
              1954, section 27A.
       (12)   This section does not apply to an original decision made by—
              (a)    for a matter, the administration and enforcement of
                     which has been devolved to a local government—the
                     local government itself or the chief executive officer of
                     the local government personally; or
              (b)    for another matter—the chief executive personally.
       (13)   Also, this section does not apply to an original decision to
              issue a clean-up notice.
       (14)   In this section—
              decision period means—
              (a)    if a submission is received within the submission
                     period—15 business days after the administering
                     authority receives the application; or
              (b)    if no submissions are received within the submission
                     period—10 business days after the administering
                     authority receives the application.


Current as at 20 February 2014                                          Page 445