Challenging Decisions in WA – Merits Review under the Environmental Protection Act 1986
This factsheet provides information on merits review that is available to members of the public (rather than proponents) in WA, specifically with regards to review of particular decisions under the Environmental Protection Act 1986 (WA) (EP Act).
Summary
Key takeaways
This factsheet contains information on the process of lodging merits review challenges or ‘appeals’ under the EP Act.
- Anyone can submit an appeal to the Office of the Appeals Convenor for merits review of particular decisions.
- Appeals must be lodged within 21 days of the decision.
- Once it has investigated an appeal, the Appeals Convenor will produce a report containing recommendations for the Minister for Environment (Minister). The Minister will then determine whether to uphold, partially uphold, or dismiss the appeal.
Key actions
Appeals can be lodged on the website of the Office of the Appeals Convenor.
An appeal should include:
- the grounds of appeal
- key issues of concern
- the outcome being sought
We outline some recommendations for formulating an application for merits review within this factsheet.
