What can be appealed
Appeals can be lodged against the content of, or recommendations in, EPA reports on proposals and planning schemes.
In addition, the proponent has a final right of appeal in respect to ministerial decisions on:
- Implementation conditions and procedures applied to a proposal under section 45(8) of the Environmental Protection Act 1986 (EP Act).
- Orders issued by the Minister under section 48(7)(b) of the EP Act, which relate to compliance with implementation conditions.
- The taking of any steps under section 48(7)(c) or (d), which relate to compliance with implementation conditions or the power of the Minister to make a request under section 46(1) if the Minister considers that an implementation condition or procedure should be changed.
What cannot be appealed
You cannot appeal the:
- Decision of the EPA not to accept a referral.
- Decision of the EPA not to assess a proposal.
- Level of assessment set by the EPA.
- Report of the EPA on changes to conditions under section 46 of the EP Act.
Who can appeal
Any person can appeal against an EPA report.
Only the proponent can appeal the implementation conditions or procedures issued under section 45(8), the content of an order issued under section 48(7)(b), or the steps required under section 48(7) (c) or (d) of the EP Act.
Time limit on lodging an appeal
Appeals on EPA reports must be received within 21 days of being published.
Proponent appeals under section 45(8) or section 48(7)(b), (c) or (d) of the EP Act must be received within 14 days of the date of issue of the conditions or order, or the date the last of the required steps is taken.
Appeal fee
A fee of $10 applies to all appeals relating to EPA assessments.
If you are in financial hardship, then you may request a refund or waiver of some or all of the appeal fee from the Minister for the Environment. A request for a reduction, waiver or refund can be emailed to admin@oac.wa.gov.au. It should be addressed to the Minister and should set out the reasons justifying the request (for example, that appellant has insufficient resources).
Effect of lodging appeal
For appeals against a report of the EPA, the proposal or scheme shall not be implemented while the appeal is pending, or otherwise than in accordance with a decision on the 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(7)(b) of the EP Act, the operation of the order is suspended. An appeal under section 48(7)(c) or (d) does not prevent the taking of the specified steps.
Matters currently open to appeal
You can see what matters are currently open to appeal by visiting the Environmental Protection Authority's Website
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