National Parks and Wildlife Act 1974 No 80
Current version for 11 January 2013 to date (accessed 24 May 2013 at 12:32)
90L Appeals
(1) An applicant for, or holder or former holder of, an Aboriginal
heritage impact permit may appeal to the Land and Environment Court against
any of the following decisions of the Director-General:(a) a decision to refuse any application in relation to an Aboriginal
heritage impact permit or former permit,
(b) a decision in relation to any condition to which a permit or
former permit (or a surrender of a permit) is subject,
(c) a decision to suspend or revoke a
permit.
(2) The Land and Environment Court:(a) may refuse to grant the appeal, or
(b) may grant the appeal wholly or in part, and may give such
directions in the matter as the Land and Environment Court thinks
appropriate.
(3) The decision of the Land and Environment Court on the appeal is
final and is binding on the Director-General and the appellant, and is to be
carried into effect accordingly.
(4) The regulations may (but need not) prescribe the manner in which
an appeal is to be made under this section.
(5) An appeal under this section must be made within 21 days after the
day the person was given notice of the decision being
appealed.
(6) For the purposes of this section, an application is taken to be
refused (unless it is earlier granted or refused), and notice of that refusal
is taken to have been given to the applicant, on the expiration of the period
of 60 days after the date on which the application was received by the
Director-General.
(7) For the purposes of subsection (6), any period under section 90F
during which an applicant is required to supply to the Director-General such
further information is to be disregarded in determining whether the 60 day
period referred to in that subsection has expired.