The Environmental Protection Act 1986 (the Act) provides an opportunity to appeal decisions in respect to environmental protection notices issued by the Department of Water and Environmental Regulation (DWER) under Part V of the Act.
There are several different types of environmental protection notices that can be issued, including closure notices and vegetation conservation notices.
Appeals can be lodged against:
- the requirements of a notice; and
- an amendment of a notice.
Decisions on environmental protection notices are generally made by the DWER. Local governments have delegated authority to issue environmental protection notices in some cases, such as in relation to noise emissions.
Any person can lodge an appeal in respect to the requirements or amendment of an environmental protection notice.
Appeals must be:
- in writing and clearly set out the grounds of appeal
- received within 21 days of the date the notice is served - late appeals cannot be accepted
- accompanied by the appeal fee of $25
- 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 in respect to an environmental protection notice, the decision against which the appeal was lodged continues to have effect.
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