287   Appeals regarding licence applications and licences

(1)  Any person:

(a)  who makes a licence application and who is aggrieved by any decision of the appropriate regulatory authority with respect to the application, or

(b)  who is or was the holder of a licence and who is aggrieved by any decision of the appropriate regulatory authority with respect to the licence,

      may, within 21 days (or such other period as is prescribed instead by the regulations) after being given notice of the decision of that authority, appeal to the Land and Environment Court against the decision.

(1A)  The lodging of an appeal does not, except to the extent that the Land and Environment Court otherwise directs in relation to the appeal, operate to stay the decision appealed against.

(2)  An appeal under this section extends to a decision to refuse the licence application, to impose conditions on the issue of a licence, to vary the conditions of a licence, to revoke or suspend a licence, to refuse to approve the surrender of a licence, to impose conditions on a revocation, suspension or surrender of a licence or to attach any new conditions to, or to vary any conditions of, a suspension, revocation or surrender of a licence.

Note. The Dictionary defines licence application to mean an application for the issue, transfer or variation of a licence or for approval of the surrender of a licence.

(3)  For the purposes of this section, a licence application is taken to have been refused:

(a)  in the case of an application for a variation of a licence about which the appropriate regulatory authority is required to invite and consider public submissions under section 58 (6), if the application is not granted within 90 days after it is duly made, or

(b)  in the case of an application for a licence relating to controlled development, if the application is not granted within 60 days after it is duly made or within 30 days after development consent is granted for the controlled development, whichever is the later, or

(c)  in any other case, if the application is not granted within 60 days after it is duly made.

(4)  The period commencing when an applicant is duly required under this Act to provide additional information within a specified period for the purposes of determining a licence application and ending when that information is provided or the specified period ends (whichever occurs first) is not to be taken into account in determining whether a licence application is taken to have been refused.

(5)  Nothing in this section prevents the determination of a licence application under this Act after the end of a period referred to in subsection (3).

(6)  There is no appeal under this section against a condition that is imposed on a licence, or varied or revoked, by the regulations.

Note. Section 93B of the Environmental Planning and Assessment Act 1979 provides that, in the case of integrated development under that Act involving a licence application, the Court is under the same obligation as the appropriate regulatory authority with respect to the issue of the licence in accordance with the previous general terms of any approval by that authority.