When lodging an appeal

When lodging an appeal
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Where do I send my appeal?

Appeals can be lodged via this website using our online form. The form is the easiest way to lodge an appeal and will guide you through the lodgement process including the payment gateway if required. Attachments can be added via the online form  and when you have submitted your appeal you will receive automatic notification to your nominated email address that your appeal has been received.

Alternatively, appeals can be sent via email or post, or hand delivered; see contact details listed on this page. For queries about lodgement please contact us.
 
We will acknowledge receipt of your appeal at our earliest opportunity if received via email or the post.
 

What does my appeal need to include?

Information about what can and can't be appealed can be found at Types of appeal. Once you are sure about the type of appeal you are making you should focus on

  • clearly laying out your grounds of appeal, preferably numbering the grounds. 
  • focus on the problem and identify the key issue(s) that you are concerned about. Be clear and concise.
  • clearly state the outcome you are seeking having regard to the type of appeal you have submitted.

As an example, an appeal against the conditions of a works approval or licence, must relate to the conditions of the works approval or licence. You cannot appeal the decision to issue the works approval or licence. 

What is the deadline for lodging an appeal?

Appeals must be lodged within set time frames. Late appeals cannot be accepted and the length of time and the commencement of the appeal period vary depending on the type of appeal. 

In all cases, in determining the closing time for appeals, the day on which the appeal period is triggered (for example, the date of grant of a clearing permit) is excluded from the calculation of the appeal period.

The closing time for the lodgement of appeals is up to 4.30pm on the closing date for posted or hand-delivered appeals, and up to midnight on the closing date for appeals that are lodged via this website or email.

What happens if the appeal period ends on a weekend?

If the closing date for an appeal falls on a Saturday, Sunday or Public Holiday, the closing date for the appeal will be the next business day.

Is there a fee for lodging an appeal?

The fees for lodging an appeal depend on the type of appeal. Please refer for the fees applicable to each type of appeal.

It is preferred that all payments are made via BPoint Pay appeal.  Payment can also be made by Visa, Mastercard, cheque, cash or money order. Cheques and money orders should be made payable to the Appeals Convenor. Do not send cash through the post. Credit card payments can be made online via BPoint or by telephone 6364 7990.

Can the fee be reduced, waived or refunded?

The Minister for Environment may reduce, waive or refund the whole or part of an appeal fee. An application for a reduction, waiver or refund needs to be in writing and  addressed to the Minister. This should set out the reasons justifying the request (for example, the appellant has insufficient resources).

What happen once I've submitted my appeal?

Once an appeal is lodged, it will be checked to ensure it was lodged within the required time and meets all other relevant requirements. You will be contacted if there are any problems.
 
Once the appeal period has closed and if the appeal is valid the appeal will be investigated.  You will be contacted during the appeal investigation and this may be by email or may include seeking to meet at a convenient time. We try to deal with appeals as quickly as possible and will keep an appellant informed of the progress. 

What is the effect of my appeal?

Different appeal types have different effects on the instrument, permit or EPA decision or report and recommendation.  More information is available at type of appeal.

Examples include

  • the effect of an appeal against the grant of a clearing permit is that the permit is deemed not to have been granted and clearing cannot commence until the appeal is resolved.
  • for an appeal by a third party against the conditions of a works approval, the original decision continues to have effect until the appeal is determined.

Can I withdraw my appeal?

Yes, an appeal can be withdrawn at any time with at least 7 days written notice to the Minister.

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