What can be appealed
Appeals can be lodged against decisions of the EPA not to assess a referred proposal, or against the content of, or recommendations in, EPA reports on proposals and planning schemes.
In addition, the proponent has a final right of appeal in respect to ministerial decisions on:
- Implementation conditions applying to a proposal under section 45(8) of the Act
- Orders issued by the Minister under section 48(7)(b) of the Act
- The taking of any steps under section 48(7)(c) or (d)
What cannot be appealed
You cannot appeal:
- Decision of the EPA not to accept a referral
- Decision of the EPA not to assess a proposal where the EPA recommended that it be dealt with through a clearing permit
- Level of assessment set by the EPA
- Report of the EPA on changes to conditions under section 46 of the EP Act
Who can appeal
Any person can appeal against an EPA report or decision not to assess a proposal.
Only the proponent can appeal the implementation conditions issued under section 45(8) of the Act, the content of an order issued under section 48(7)(b) of the Act, or the steps required under section 48(7) (c) or (d) of the Act.
Time limit on lodging an appeal
Appeals on EPA reports and decisions not to assess must be received within 21 days of being published.
Proponent appeals under section 45(8) or section 48(7)(b), (c) or (d) of the Act must be received within 14 days of the date of issue of the the conditions or order, or the date the last of the required steps is taken.
A fee of $10 applies to all appeals relating to EPA assessments.
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 email@example.com
. 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 a report of the EPA, the proposal or scheme shall not be implemented while the appeal is pending, or otherwise than in accordance with a decision on the appeal. For an appeal against a decision not to assess a proposal, the original decision stands until the appeal is determined.
Pending the determination of an appeal lodged in respect to the implementation conditions applying to a proposal, the lodging of an appeal prevents the implementation, or continued implementation, of the proposal concerned.
For an appeal in respect to an order issued by the Minister under section 48(7)(b) of the Act, the operation of the order is suspended. An appeal under section 48(7)(c) or (d) does not prevent the taking of the specified steps.
Matters currently open to appeal
You can see what matters are currently open to appeal by visiting the Environmental Protection Authority's Website