What can be appealed

Appeals can be lodged against the grant or conditions of a clearing permit, the amendment, revocation or suspension of a clearing permit, or the refusal to grant a clearing permit.

What cannot be appealed

You cannot appeal:
  • Where a clearing permit is amended, anything not connected with that amendment

Who can appeal              

Any person can appeal against the grant, conditions or amendment of a clearing permit. Only the applicant/holder of a clearing permit can appeal a refusal, suspension or revocation.

Time limit on lodging an appeal

Appeals against the grant of a clearing permit must be received within 21 days of the date of grant. All other types of appeals must be lodged within 21 days of the applicant for, or holder of, the permit being notified of the decision.

Appeal fee

There is no fee for lodging an appeal against a clearing permit.

Effect of lodging appeal

Pending the determination of an appeal lodged against the grant of a clearing permit, the clearing permit is deemed not to have been granted.

For an appeal lodged against a refusal to grant, the conditions of, or a revocation or suspension of, a clearing permit, the decision against which the appeal was lodged continues to have effect.

For an appeal by the permit holder against an amendment, the amendment shall be deemed not to have been made unless it reduces or restricts the extent or method of clearing that may be done, in which case it continues to have effect. For third party appeals, the amendment continues to have effect.

Matters currently open to appeal

You can see what is currently open to appeal by visiting the Department of Water and Environmental Regulation  or the Department of Mines, Industry Regulation and Safety websites.



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