The Environmental Protection Act 1986 (the Act) provides an opportunity to appeal decisions in respect to works approvals and licences under Part V of the Act. There are appeal rights in relation to:
- refusal to grant or transfer a licence or works approval;
- conditions applied to a licence or works approval; and
- amendment, revocation or suspension of a licence or works approval.
Decisions on works approvals and licences are made by the Department of Water and Environmental Regulation (DWER). There are no rights of appeal in relation to a grant of a licence or works approval.
Any person can lodge an appeal in respect to the amendment of, or the conditions applied to, a works approval or licence. Only the applicant for, or holder of, a works approval or licence can appeal a refusal to grant or transfer a works approval or licence, or the revocation or suspension of a works approval or licence.
Appeals must be:
- in writing and clearly set out the grounds of appeal
- received within 21 days of the date the applicant or holder is notified of the decision - late appeals cannot be accepted
- accompanied by the appeal fee of $50
- signed by the appellant
- If your appeal does not comply with these requirements, it may be determined to be invalid and it will not be investigated.
- If you rely on supporting documentation, this needs to accompany your appeal.
Effect of lodging an appeal
Pending the determination of an appeal lodged in respect to a refusal to grant, the transfer of, the conditions of, or a revocation or suspension of, a works approval or licence, the decision against which the appeal was lodged continues to have effect.
For an appeal in objection to an amendment of a works approval or licence, if the appeal is lodged by the applicant/holder, the amendment is deemed not to have been made. Where the appeal is made by a person other than the applicant/holder, the amendment continues to have effect.
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