A person may only appeal against the issue or amendment of a licence in one situation. This is where the applicant failed to obtain a works approval as required by the Environment Protection Act 1970 (the Act). If a works approval was obtained, the conditions of the licence must be consistent with the conditions of the works approval and further appeal rights are not considered necessary.
However, if a discharger has failed to obtain a works approval, in addition to any penalty imposed, the application will be treated in the same manner as an application for a works approval. EPA will advertise that it has received the application, make available copies or summaries for comment, receive written comments and, if appropriate, hold a conference.
Wherever possible, information about proposed licence conditions will be made available to interested parties during the works approval stage.
An appeal must be lodged within 21 days of EPA’s decision and only on those grounds described above. See sections 20(7), 20A(6), 32(2) and 33B of the Act for more information on lodging an appeal.
A second or third-party appeal against a decision of EPA has the effect of putting the decision in abeyance. See sections 33A(8), 33B(4) and 36 of the Act for more information on what happens when an appeal has been lodged.
Reviewed 16 September 2021