What can be appealed
Appeals can be lodged in relation to various approvals and exemptions under the Noise Regulations.
Who can appeal
Any person can appeal against most noise approvals and exemptions. Other appeal types are limited to the applicant, holder or person served.
Time limit on lodging an appeal
Appeals in respect to noise decisions must be lodged within 21 days from the date the decision is published in the Government Gazette. Exception: an appeal in respect of a noise control notice must be lodged with 14 days of the notice being served.
A fee of $50 applies to appeals against most noise decisions (exception: a person served with a noise control notice must pay an appeal fee of $25).
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@appeals convenor.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 against decisions under the Noise Regulations, in most cases the original decision continues in effect until the Minister makes a decision on the appeal.
Matters currently open to appeal
Most decisions that are open to appeal under the Noise Regulations are required to be published in the Government Gazette. They are often also published by the relevant local government.