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Contents (2016 - 63)
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Biodiversity Conservation Act 2016 No 63
Current version for 1 July 2019 to date (accessed 18 November 2019 at 16:51)
Part 2 Division 3 Section 2.16
2.16   Reasons for, and appeals against, licensing decisions
(1)  In this section:
licensing decision means a decision of the Environment Agency Head:
(a)  to refuse an application for a biodiversity conservation licence, or
(b)  to grant a biodiversity conservation licence subject to conditions, or
(c)  to vary a biodiversity conservation licence, or
(d)  to suspend or cancel a biodiversity conservation licence.
(2)  The Environment Agency Head is required to provide a written statement of reasons for a licensing decision if the applicant or holder of the licence makes a written request for the statement of reasons.
(3)  An applicant for, or the holder of, a biodiversity conservation licence may appeal to the Land and Environment Court against a licensing decision.
(4)  The appeal is to be made within the time prescribed by the regulations and in the manner prescribed by the rules of the Court.
(5)  The regulations may provide that a failure to determine an application for a biodiversity licence within the period provided by the regulations is taken to be a refusal of the application for the purposes of this section.
(6)  The lodging of an appeal does not, except to the extent the Court otherwise directs in relation to the appeal, operate to stay the decision appealed against.