Environmental Public Health Act 1987 · 2020 Revised Edition · Part 5A · Environmental Public Health Requirements for Controlled Works
46L. Appeals under this Part
Feedback & supportLast amended by an amending law of 2023.
Any person who is aggrieved by a decision of the Director-General (called in this section a relevant decision) —
Director-General
“Director-General” means the Director-General of Public Health appointed under section 3(1);
to disapprove an application under section 46E(2)(c), 46F(3)(c) or 46I(3)(c) (except, to avoid doubt, any such application that is deemed to be disapproved);
to impose conditions under section 46E(2)(a), 46F(3)(a), 46I(3)(a) or 46J(2) on the grant of a certificate; or
to revoke any certificate under section 46J(5) or 46K(2),may, within 14 days after the person receives the relevant decision, apply to the Director-General to reconsider the relevant decision.
The application must be made by giving a written notice to the Director-General for reconsideration that states precisely the grounds of the person’s objections to the relevant decision.
After considering the written notice for reconsideration, the Director-General may do any of the following (called in this section the reconsidered decision):
confirm or rescind the relevant decision;
substitute or vary the relevant decision, and make any decision that the Director-General is competent to make under the provisions mentioned in subsection (1)(a), (b) and (c).
The Director-General’s reconsidered decision must be given in writing to the person that requested the reconsideration.
If the person remains aggrieved by the reconsidered decision, the person may, within 14 days after the person receives the reconsidered decision, appeal in writing to the Minister.
After considering the appeal, the Minister may —
confirm or rescind the reconsidered decision; or
substitute or vary the reconsidered decision, and make any decision that the Director-General is competent to make under the provisions mentioned in subsection (1)(a), (b) and (c).
The Minister’s decision on the appeal is final.
The Minister’s decision on the appeal must be given to the appellant in writing.
A relevant decision takes effect despite any request for a reconsideration of the relevant decision, unless the Director-General otherwise directs; and a reconsidered decision takes effect despite any appeal against the reconsidered decision under subsection (5), unless the Minister otherwise directs.