Page:Infrastructure Protection Act 2017.pdf/61

62 PART 7 APPEALS Appeals to Minister

62.—(1) The following persons may appeal to the Minister:
 * (a) the responsible person of a special development may appeal against the Commissioner’s rejection of a security plan under section 36(2)(d), or an amended security plan under section 37(4)(c), for the special development, within 14 days after the rejection;
 * (b) the responsible person of a special infrastructure may appeal against the Commissioner’s rejection of a security plan under section 43(2)(d), or an amended security plan under section 44(4)(c), for the special infrastructure, within 14 days after the rejection;
 * (c) any person who is issued a security directive by the Commissioner under Part 5 may appeal within 14 days after the issue of the security directive.

(2) The appeal must be in writing and state the grounds on which it is made.

(3) The Minister may reject the appeal if the appellant does not comply with subsection (2).

(4) Unless otherwise directed by the Minister in any particular case, the Commissioner’s decision being appealed against does not take effect until the earlier of the following events:
 * (a) the Minister determines the appeal;
 * (b) the appellant withdraws the appeal.

(5) After considering the appeal, the Minister may—
 * (a) confirm the Commissioner’s decision; or
 * (b) substitute or vary the Commissioner’s decision.

(6) The Minister’s decision on the appeal is final.

(7) A reference to the Commissioner’s decision in this section is a reference to—