Western Australian Current Acts

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 133K

133K .         Appeals in respect of refusal to grant works approvals and licences

        (1)         In this section —

        pending appeal means an appeal against the refusal of the CEO to grant a works approval or licence made under the former provisions that has neither been withdrawn nor finally determined before the commencement.

        (2)         A decision made before the commencement to uphold an appeal against the refusal of the CEO to grant a works approval or licence under the former provisions is taken on and after the commencement to be a decision to uphold an appeal against the refusal of the CEO to grant a licence under the new provisions.

        (3)         The provisions of the existing Act are to be taken to continue in force on and after the commencement to the extent necessary to enable —

            (a)         any pending appeal to be withdrawn or finally determined; and

            (b)         an appeal against the refusal of the CEO, before the commencement, to grant a works approval or licence under the former provisions to be lodged and dealt with.

        (4)         If under the provisions of the existing Act as continued in force by subsection (3) the Minister makes a decision to uphold an appeal against the refusal of the CEO to grant a works approval or licence under the former provisions, that decision is taken to be a decision to uphold an appeal against the refusal of the CEO to grant a licence under the new provisions.

        [Section 133K inserted: No. 40 of 2020 s. 101.]