MCU14/0028 Appendix 2 EnvProtAct 1994

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

[s 535A]

           (2)   A stay may be granted on conditions the Court considers
                 appropriate and has effect for the period stated by the Court.
           (3)   The period of a stay must not extend past the time when the
                 Court decides the appeal.
           (4)   An appeal against a decision does not affect the operation or
                 carrying out of the decision unless the decision is stayed.

535A Stay of decision to issue a clean-up notice
           (1)   This section applies to an application under section 535 for a
                 stay of a decision to issue a clean-up notice.
           (2)   In deciding the application, the Court must have regard to—
                 (a)   the quantity and quality of contamination of the
                       environment that is likely to be caused if the stay is
                       granted; and
                 (b)   the proximity of the place at or from which the
                       contamination incident is happening or happened to a
                       place with environmental values that may be adversely
                       affected by the contamination.

536        Hearing procedures
           (1)   The procedure for an appeal is to be in accordance with the
                 rules of court applicable to the appeal or, if the rules make no
                 provision or insufficient provision, in accordance with
                 directions of the judge.
           (2)   An appeal is by way of rehearing, unaffected by the
                 administering authority’s decision.

537        Assessors
                 If the judge hearing an appeal is satisfied the appeal involves a
                 question of special knowledge and skill, the judge may
                 appoint 1 or more assessors to help the judge in deciding the
                 appeal.
Page 450                                              Current as at 20 February 2014