What if I am Unhappy with a Decision?
To avoid being unhappy with a decision about your permit application, it helps to talk to GBRMPA throughout its assessment and discuss any concerns you may have.
If you feel that the final decision on your application is incorrect, you are again encouraged to contact GBRMPA as a first step, to discuss your concerns. If you remain concerned, you do have a formal right of review to permit decisions made by GBRMPA and the Queensland Parks and Wildlife Service.
Who can appeal a decision?
Following a decision by GBRMPA, either the applicant or another third party can request a reconsideration of the decision on the grounds that their interests are affected by the decision.
There are some types of applications and permissions where the review procedures and rights are limited to the applicant or permission holder only.
How do I appeal?
To make an appeal for a reconsideration you must:
- Apply in writing to the GBRMPA;
- Make the application within 21 days of the date of publication of details of the decision in the Commonwealth Gazette; and
- Provide with the application a written statement of why the GBRMPA should reconsider the decision.
What happens to my appeal?
Reconsiderations of a decision are carried out by a different senior officer (delegate) to the one who made the original permit decision. Where the Chair of the GBRMPA made the initial decision, the GBRMPA Board reconsiders the decision.
The person who reconsiders the decision may uphold or change the initial decision. This completely overrides all previous decisions.
How long will it take?
Reconsideration of a permit decision must be completed by the GBRMPA within 40 days of receipt of your request.
Do I have to pay?
There is no fee for an application to reconsider a decision of the GBRMPA.
Are there other avenues of appeal?
If you remain dissatisfied with a GBRMPA permit decision following reconsideration, you may make an application to the Administrative Appeals Tribunal. Application to the Administrative Appeal Tribunal may only be made in respect of a decision that has already undergone reconsideration by the GBRMPA.
You may apply under the Freedom of Information Act 1982 for access to documents relating to the GBRMPA's decision. Applications for access to documents under this Act must be accompanied by the relevant fee and specify the documents sought. There may be further charges for search, retrieval, copying, decision-making time and postage.
Can I appeal the QPWS decision?
Decisions made by the QPWS are also subject to review. Any person who believes that they have been aggrieved by a decision may have the decision reviewed under the Judicial Review Act 1991.
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