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.
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 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 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