Assessment, review and appeal processes
• The application is received by the Minister. The applicant will receive a confirmation of receipt.
• The Minister may request additional information before the application is assessed. If a reply to this request is not received within 28 days (or such longer period as the Minister may allow), the application will be considered in the absence of the requested information.
• The Minister must determine if any rights conferred by the statutory authorisation held by the applicant are affected.
• If rights are affected the Minister will determine the appropriate amount of fair and reasonable compensation. In considering the appropriate amount, the Minister may refer financial aspects of the application to an accountant for review.
• The applicant will be given an opportunity to provide final submissions before a formal determination is made. If a reply to this request is not received within 28 days (or such longer period as the Minister may allow), the determination will be made in the absence of the any further submissions.
• The Minister will arrange for the payment of the fair and reasonable compensation at the time the determination is provided. The compensation will be paid into the account detailed in the application for compensation.
• If the application is refused, the reasons for the refusal will be provided.
Review and Appeal Process
• The applicant may apply to the Minister to review the determination in relation to the payment of compensation within 21 days of receiving a written notice under Regulation 8.
• The application for review must be in writing and set out the grounds on which a review is sought.
• The Minister may require further information, documents or records to be provided for the purpose of determining the review.
• On a review, the Minister may affirm, vary or reverse the initial determination.
• If the applicant remains dissatisfied with the determination following the review, an appeal may be made to the Environment, Resources and Development Court. The appeal must be made within 21 days of receipt of the notice of the review decision.
Please be advised that Section 54 of the Marine Parks Act 2007 establishes penalties of up to $20,000 or two years’ imprisonment for the provision of false or misleading information.