The bit I don't understand, and don't like, is part five where it states that the appeal is the last avenue for recourse.
If the original decision is made by the minister, and Lynas then have to appeal to that same minister, and presuming then that the minister is likely to take her own side, how can there be no review or appeal in court? What kind of legal system enshrines in its laws that there is no avenue for judicial review? Governments make laws, courts interpret and balance laws against each other. It's a fundamental part of a democracy.
If that is the case and going down the appeal to the minister route is final, then why are Lynas doing it? Why not go directly to court? It seems there is a chance a legal review might be fair but appealing the ministers decision to herself seems quite pointless.
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- Ann: Lynas Appeals Condition Imposed on 4 December 2018
Ann: Lynas Appeals Condition Imposed on 4 December 2018, page-59
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