Western Australian Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 101A

101A .         Appeals against decisions as to clearing permits

        (1)         Subject to section 105, an applicant for —

            (a)         a clearing permit who is aggrieved by the refusal of the CEO —

                  (i)         to grant the permit under section 51E(5); or

                  (ii)         to grant the permit under section 51E(5) for all of the clearing applied for;

                or

            (b)         a clearing permit who is aggrieved by the specification by the CEO of any condition in the permit under section 51E(5) or 51N(2),

                may within 21 days of being notified of that refusal or specification, as the case requires, lodge with the Minister an appeal in writing setting out the grounds of that appeal.

        (2)         Subject to section 105, the holder of a clearing permit who is aggrieved by the amendment of the permit under section 51K(1), or the revocation or suspension of the permit under section 51L(1), may within 21 days of being notified of that amendment, revocation or suspension lodge with the Minister an appeal in writing setting out the grounds of that appeal.

        (3)         A person who —

            (a)         not being an applicant referred to in subsection (1), disagrees with a specification referred to in that subsection; or

            (b)         not being a holder referred to in subsection (2), disagrees with an amendment referred to in that subsection,

                may within the period within which the applicant or holder can lodge an appeal about that specification or amendment lodge with the Minister an appeal in writing setting out the grounds of that appeal.

        (4)         A person who disagrees with a decision of the CEO to grant a clearing permit under section 51E(5) may within 21 days of that grant lodge with the Minister an appeal in writing setting out the grounds of that appeal.

        (5)         Subsections (1)(a)(ii) and (b), (3)(a) and (4) do not apply in relation to the grant of a permit pursuant to an undertaking mentioned in section 51E(9).

        (6)         Pending the determination of the relevant appeal lodged under subsection (1), (2) or (3) in respect of a refusal, specification, revocation or suspension, the decision against which that appeal is lodged continues to have effect.

        (7)         Pending the determination of the relevant appeal lodged under subsection (2) in respect of an amendment, the amendment shall be deemed not to have been made unless it reduces or restricts the extent or method of clearing that may be done, in which case it continues to have effect.

        (8)         Pending the determination of the relevant appeal lodged under subsection (3) in respect of an amendment, the amendment continues to have effect.

        (9)         Pending the determination of the relevant appeal lodged under subsection (4), the clearing permit shall be deemed not to have been granted.

        [Section 101A inserted by No. 54 of 2003 s. 112; amended by No. 40 of 2010 s. 10.]