MCU14/0028 Appendix 2 EnvProtAct 1994

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

                                                                            [s 538]

538      Appeals may be heard with planning appeals
        (1)   This section applies if—
              (a)    a person appeals against an administering authority’s
                     decision (whether an original or review decision)—
                     (i)   to refuse to accredit an ERMP; or
                     (ii) about an application for an environmental
                          authority for a prescribed ERA; and
              (b)    a person appeals against the assessment manager’s
                     decision under the Planning Act about a planning or
                     development matter for the premises to which the
                     ERMP or the application for the authority relates.
        (2)   The Court may order—
              (a)    the appeals to be heard together or 1 immediately after
                     the other; or
              (b)    1 appeal to be stayed until the other has been decided.
        (3)   This section applies even though the parties, or all of the
              parties, to the appeals are not the same.

539      Powers of Court on appeal
        (1)   In deciding an appeal, the Court may—
              (a)    confirm the decision appealed against; or
              (b)    vary the decision appealed against; or
              (c)    set aside the decision appealed against and make a
                     decision in substitution for the decision set aside.
        (2)   If on appeal the Court acts under subsection (1)(b) or (c), the
              decision is taken, for this Act (other than this part), to be that
              of the administering authority.




Current as at 20 February 2014                                           Page 451