The Environmental Protection Act 1986 (the Act) provides an opportunity to appeal certain decisions made by the Minister for Environment. This includes rights of appeal in respect to:
- implementation conditions applying to a proposal under section 45(5) of the Act;
- orders issued by the Minister under section 48(4)(b) of the Act; and
- decisions of the Minister under regulation 17 of the Environmental Protection (Noise) Regulations 1997 to authorise an emission of noise which exceeds prescribed standards.
Any person can lodge an appeal in respect to a decision of the Minister to issue a notice under regulation 17 of the Noise Regulations. Only the proponent can appeal the implementation conditions issued under section 45(5) of the Act or the content of an order issued under section 48(4)(b) of the Act.
Appeals must be:
- in writing and clearly set out the grounds of appeal
- received within 14 days of the date the conditions or order is issued, or in the case of noise approval, within 14 days that the decision is published - late appeals cannot be accepted
- accompanied by the appeal fee of $10
- 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 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(4)(b) of the Act, the operation of the order is suspended. For an appeal in respect to a noise exemption, the exemption is deemed to have been made.
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