Western Australian Current Acts

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ENVIRONMENTAL PROTECTION ACT 1986 - SECT 102

102 .         Appeals against decisions as to works approvals and licences

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

            (a)         a works approval or licence who is aggrieved by the refusal of the CEO to grant the works approval or licence under section 54(3) or 57(3), as the case requires; or

            (b)         the transfer of a works approval or licence who is aggrieved by the refusal of the CEO to transfer the works approval or licence under section 64(2); or

            (c)         a works approval or licence or transfer of a works approval or licence who is aggrieved by the specification by the CEO of any condition in the works approval or licence under section 54(3), 57(3) or 64(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 works approval or licence who is aggrieved by the amendment of the works approval or licence under section 59(1), or the revocation or suspension of the works approval or licence under section 59A(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)         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.

        (5)         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.

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

        [Section 102 amended: No. 54 of 2003 s. 82, 99 and 140(2); No. 40 of 2010 s. 11.]



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