What can be appealed

Appeals can be lodged against:
  • The conditions of a works approval or licence
  • An amendment to a works approval or licence 
  • Refusal to grant or transfer a works approval or licence
  • Revocation or suspension of a works approval or licence

What cannot be appealed

You cannot appeal:
  • The decision to grant a works approval or licence
  • Where a works approval or licence is amended, anything not connected with that amendment
  • The duration or boundaries of the works approval or licence, unless these are amended

Who can appeal            

Any person can appeal against the conditions or amendment of a works approval or licence.

Only the applicant can appeal a refusal to grant or transfer a works approval or licence, and only the  holder of a works approval or licence can appeal a revocation or suspension.

Time limit on lodging an appeal

Appeals in respect to works approvals and licence must be received within 21 days of the applicant for, or holder of, the works approval or licence being notified of the decision.

Appeal fee

A fee of $50 applies to appeals in relation to works approvals or licences.

If you are in financial hardship, you may request a refund or waiver of some or all of the appeal fee from the Minister for Environment. A request for a reduction, waiver or refund can be emailed to admin@appealsconvenor.wa.gov.au. It should be addressed to the Minister and should set out the reasons justifying the request (for example, the appellant has insufficient resources).  

Effect of lodging appeal

For appeals on works approvals or licences, the original decision continues to have effect until the appeal is determined. Exception: if the holder of a works approval or licence appeals the amendment of that instrument, the amendment is deemed not to have been made until the appeal is determined.

Matters currently open to appeal

You can see what is currently open to appeal by visiting the Department of Water and Environmental Regulation website

 

 
 


 

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