The Environmental Protection Act 1986 (the Act) provides an opportunity to appeal decisions in respect to clearing permits under Part V of the Act. There are four primary appeal rights:
- decision to grant;
- refusal to grant;
- conditions applied to permit; and
- amendment, revocation or suspension.
Decisions on clearing permits are generally made by the Department of Water and Environmental Regulation (DWER). The Department of Mines, Industry Regulation and Safety (DMIRS) has delegated authority to determine clearing permit applications in respect to proposals under mining and petroleum legislation and State Agreements.
Any person can lodge an appeal in respect to a decision to grant or the amendment of, or in respect to the conditions applied to, a clearing permit. Only the applicant for, or the holder of, a clearing permit can appeal a refusal to grant a clearing permit, or the revocation or suspension of a clearing permit.
Appeals must be:
- in writing and clearly set out the grounds of appeal
- received within 21 days of the date of grant or the date the applicant is notified of the decision - late appeals cannot be accepted
- signed by the appellant
If your appeal does not comply with these requirements, it may be determined to be invalid and will not be investigated. If you rely on supporting documentation, this needs to accompany your appeal. There is no fee payable in respect to lodging clearing permit appeals.
Effect of lodging an 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.