When an appeal is decided

When an appeal is decided
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How will I be notified of the outcome of my appeal?

The Minister is required to give written notice of the outcome of an appeal to:

  • the appellant;
  • any relevant decision-making authority;
  • the Environmental Protection Authority;
  • the Department of Water and Environmental Regulation;
  • the proponent/licensee/land holder.

The Appeals Convenor will usually provide this information by email to the relevant parties as soon as practical from the date of the Minister's decision.

Will my appeal be made public?

The name of the appellant and the grounds of appeal will be made available to the proponent and relevant agencies during the investigation of appeals. In exceptional circumstances, an appellant may by letter request the Appeals Convenor to withhold their name during the investigation process. Such a request should clearly explain why the request is made, and this will be considered by the Appeals Convenor.

Once the appeal is determined by the Minister, the details of the appeal will be published in accordance with the Environmental Protection Regulations 1987. This will include the names of all appellants.

Can an appeal be lodged against the Minister's decision on an appeal?

The Minister's decision on appeals is final and there is no further right of appeal. For example, when the Department of Water and Environmental Regulation amends a clearing permit following a decision of the Minister on an appeal, there is no further right of appeal arising from that amendment.

Does the State Administrative Tribunal hear appeals under the Environmental Protection Act?

No. Appeals under the Environmental Protection Act 1986 are determined by the Minister for Environment with assistance from the Office of the Appeals Convenor.

The State Administrative Tribunal (SAT) has responsibility (among other things) for determining appeals under water legislation, including appeals against decisions under the Rights in Water and Irrigation Act 1914  in relation to water entitlements. For more information, visit the SAT website.

Where can I get more information?

The Office of the Appeals Convenor can provide you with further information on how to lodge your appeal, and the appeals process in general. For more information, email admin@appealsconvenor.wa.gov.au or phone (08) 6364 7990.

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