Queensland Consolidated Acts

NATURE CONSERVATION ACT 1992 - SECT 143H

143H QCAT may stay operation of original decision

(1) This section applies in relation to an original decision, other than a discontinuation decision.

(2) An affected person for the original decision may apply to QCAT, in the way provided under the QCAT Act , for a stay of the operation of the decision.

(3) The application may be made at any time within the period within which an application for an internal review of the original decision may be made under division 2 .

(4) QCAT may make an order staying the operation of the original decision only if QCAT considers the order is desirable after having regard to the following—

(a) the interests of any person whose interests may be affected by the making of the order or the order not being made;

(b) any submission made to QCAT by the entity that made the original decision;

(c) the public interest.

(5) Subsection (4) (a) does not require QCAT to give a person whose interests may be affected by the making of the order, or the order not being made, an opportunity to make submissions for QCAT’s consideration if QCAT is satisfied it is not practicable because of the urgency of the case or for another reason.

(6) A stay by QCAT under this section—

(a) may be given on conditions QCAT considers appropriate; and

(b) operates for the period fixed by QCAT; and

(c) may be amended or revoked by QCAT.

(7) The period of a stay by QCAT under this section must not extend past—

(a) the end of the period within which an application for an internal review of the original decision may be made under division 2 ; or

(b) if an application for an internal review of the original decision is made under division 2 within the period allowed under that division—the end of the period within which an application for a review of the internal review decision may be made under the QCAT Act .

Note—

The QCAT Act , section 22 (3) enables QCAT to stay the operation of the internal review decision, either on application by a person or on its own initiative.

(8) In this section—

"discontinuation decision" means a decision to suspend or cancel a licence, permit or other authority that authorises—

(a) taking or interfering with a cultural or natural resource of a protected area; or

(b) taking protected wildlife.