Works approvals and licences

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.

Secure credit card payments can be made online through BPOINT.

For more information download Works approvals and licences fact sheet.