The Environmental Protection Act 1986 (the Act) provides rights of appeal on decisions and recommendations of the Environmental Protection Authority (EPA) relating to the assessment of proposals and planning schemes.
There are appeal rights in relation to:
- objections to decisions of the EPA not to assess a proposal (see exception below); and
- objections to the content of, and recommendations in, an EPA report at the conclusion of an assessment process.
Exception: an appeal cannot be lodged in respect to a decision of the EPA not to assess a proposal where the EPA has determined that the proposal is ‘not assessed, managed under Part V of the Act (Clearing)’. In such cases appeal rights will lie in respect to the clearing permit decision. See fact sheet on appeals in respect of clearing permits.
Any person can lodge an appeal in respect to EPA decisions not to assess a proposal, or in respect to the content of, or recommendations in, an EPA report.
Appeals on an EPA report or decision must be:
- in writing and clearly set out the grounds of appeal
- received within 14 days of the date the decision or report 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 will not be investigated. Appeals should also be accompanied by any supporting information that is relied on as a basis for an objection.
Effect of lodging an appeal
- The lodging of an appeal in objection to a decision of the EPA not to assess a proposal does not affect the EPA’s decision.
- The lodging of an appeal in respect to an EPA report prevents the proposal or scheme being implemented while the appeal is pending.
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