Northern Territory Numbered Acts Northern Territory Numbered ActsBefore the Schedule
insert
In this Part:
"amending Act" means the Parks and Water Legislation Amendment Act 2024 .
"commencement" means the commencement of section 33 of the amending Act.
A direction given by the Controller under section 8 as in force before the commencement is taken to be a direction of the Minister given under section 8 as in force after the commencement.
The person holding office as the Controller immediately before the commencement continues to hold office under section 18 as in force after the commencement.
A person holding office as an authorised officer immediately before the commencement is taken to have been appointed under section 24 as in force after the commencement.
A water investigation permit that is in effect immediately before the commencement is taken to be a water investigation permit granted by the Minister under section 36 as in force after the commencement.
An approval under section 81 that is in effect immediately before the commencement is taken to be an approval given by the Minister under section 81 as in force after the commencement.
A notice issued under section 88 that is in effect immediately before the commencement is taken to be a notice issued by the Minister under section 88 as in force after the commencement.
On the commencement, the cost of an action taken under section 97(4) before the commencement may be recovered by the Minister under section 97(4) as in force after the commencement as if the action to which the cost relates had been taken by the Minister.
Section 105D applies in relation to a reviewable decision that is made after the commencement.
(1) This section applies to a person if, immediately before the commencement, the person:
(a) was entitled to apply to the Minister for a review of an action or decision (a reviewable decision or action ) under section 30 as in force before the commencement; and
(b) had not yet made an application for the review.
(2) The person cannot make an application to the Minister for a review of the reviewable decision or action, but the person may apply to NTCAT for review of the reviewable decision or action.
(3) NTCAT has jurisdiction to review a reviewable decision or action on an application made by the person under subsection (2).
(4) An application under subsection (2) must be made:
(a) if the reviewable decision or action is a decision to give a remediation notice – within 10 business days after the day the notice was given; or
(b) if the reviewable decision or action is a water extraction licence decision:
(i) if the aggrieved person is a person who was given a notice under section 71D(1)(a) – within 20 business days after the day the person was given the notice; or
(ii) if the aggrieved person is not a person mentioned in subparagraph (i) – within 20 business days after notice of the decision was published under section 71D(1)(b); or
(c) if the reviewable decision or action is any other decision or action – within 20 business days after the day the decision was made or the action was taken.
(1) This section applies in relation to an application for review of a decision or action that:
(a) was made under section 30 as in force before the commencement; and
(b) had not been determined by the Minister before the commencement, whether or not the matter had been referred to the Review Panel.
(2) Despite the repeal of Part 3, Divisions 2 and 3 effected by section 41 of the amending Act:
(a) the Minister must determine the pending application in accordance with this Act as in force before the commencement; and
(b) the Review Panel continues in existence for the purpose of dealing with a matter referred to it under section 30(3)(b); and
(c) a person who was the Chairperson of the Review Panel continues to hold office as the Chairperson for the purpose of enabling the Panel to consider a matter referred to it under section 30(3)(b); and
(d) Part 3, Divisions 2 and 3 of this Act as in force before the commencement continue to apply after the commencement in relation to the pending application.