What is a miscellaneous appeal?

The list below shows the appeal types that follow this procedure and the Class they are made under.

What sorts of appeals can be made?

Appeals in Class 1

TYPE OF APPEAL

LEGISLATION

Environmental protection licences

 

Appeals under Pt 9.2 of the Protection of the Environment Operations Act 1997, including appeals regarding environment protection licence applications and environment protection licences.

Water access licenses or approvals

Appeals under s 368 of the Water Management Act 2000, including appeals regarding an access licence for water

Heritage

 

Appeals under s 30, s 70, s 70A or s 77(1)(b) of the Heritage Act 1977, including appeals regarding interim heritage orders and applications for approvals and modification of approvals in respect of a heritage item

Threatened species

Appeals under s 106 of the Threatened Species Conservation Act 1995, including appeals regarding licence applications to harm or pick threatened species, endangered populations or endangered ecological communities

Threats to native vegetation

 

Appeals under s 10(7) or s 39 of the Native Vegetation Act 2007, including appeals regarding stop work orders and directions for remedial work

Land contamination

Appeals under Pt 6 of the Contaminated Land Management Act 1997, including an appeal regarding a management order

Aboriginal heritage impact

Appeals under s 90L or s 91T of the National Parks and Wildlife Act 1974, including appeals regarding applications for an Aboriginal heritage impact permit

Appeals in Class 2

TYPE OF APPEAL

LEGISLATION

Local government approvals and orders

Appeals under s 176, s 177, s 178, s 180, s 182 and s 611 of the Local Government Act 1993, including appeals regarding applications for approval, revocation or modification of an approval, or orders

Swimming pools

Appeals under s 26 of the Swimming Pools Act 1992, including appeals regarding decisions of a local authority in relation to a swimming pool

Appeals in Class 3

TYPE OF APPEAL

LEGISLATION

Property boundaries, property encroachments and access

Appeals against boundary determinations, under Pt 14A of the Real Property Act 1900; proceedings under the Encroachment of Buildings Act 1922; and proceedings under s 29, s 30 or s 31 of the Access to Neighbouring Land Act 2000; proceedings under ss 526 and 574 of the Local Government Act 1993.

 

 

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