Originally posted by No_8
TD, Sect 32 of the Atomic Energy Licensing Act 1984:
PART VII
APPEALS
- Appeals.
(1) Any person who is dissatisfied with any decision of the appropriate authority made under this Act may within thirty days after being notified of such decision give notice of appeal in writing to the Minister in the prescribed manner.
(2) The Minister shall as soon as is practicable cause to be served on the appellant a written notice specifying the date, time and place at which the appeal is to be heard:
Provided that the date so specified shall in no case be earlier than thirty days from the date of service of such notice.
(3) The grounds of appeal shall be submitted to the Minister not less than ten days before the date fixed for the hearing of the appeal.
(4) At the hearing of the appeal the appellant may be present either in person or by counsel and the Minister may call for such evidence as he thinks fit.
(5) The Minister may, after hearing the appeal, make an order confirming or setting aside the decision of the appropriate authority or make such other order as he thinks fit, and the order of the Minister shall be final and shall not be subject to any appeal or review in any court.
(6) All parties concerned shall give effect to the decision of the Minister in the matter.
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.
(20min delay)