Third party merits appeal rights States and Territories – As with judicial review, merits appeal rights vary both within the between jurisdictions. The following table outlines third party merits appeal rights with respect to key aspects of planning, water, forestry and mining legislation. However, it should also be noted that: merit appeal rights are available to proponents in a much wider range of circumstances than for third party community members; in most jurisdictions appeal rights are more limited for major projects; and the vast majority of development applications are approved, which means that limiting appeal rights disproportionately affects third party community members. These factors have led to considerable public concern about the equity of appeal rights. Table 3 Third party merits appeal rights State and Territories – – Planning Water Forestry Mining NSW Appeal approval Appeal approval Appeal licences Appeal granting (current) of major projects of allocation and approvals of exploration (where no PAC licence (including under the licence. x hearing, and not transfer). x relevant Appeal granting state significant legislation. x Appeal water use of production infrastructure). or water works lease. x approval. Appeal approval x of other projects. x See comments below re. Planning Bill 2013. Vic Appeal approval Appeal approval Appeal licences Appeal granting of major projects of allocation and approvals of exploration licence. called-in by the licence (including under relevant x Minister. x transfer). x legislation. x Appeal granting Appeal approval of production of major projects lease. x not called-in by the Minister. Appeal approval of other projects. Tas See info in Table 1. See info in Table 1. See info in Table 1. Appeal rights in respect of major projects. x / Appeal rights in respect of other projects. SA Information Information Appeal Category Appeal licences unavailable. unavailable. 3 matters. and approvals under the Appeal approval relevant of major projects. x legislation. x Appeal approval of other projects. x
Third party merits appeal rights – States and Territories As with judicial review, merits appeal rights vary both within the between jurisdictions. The following table outlines third party merits appeal rights with respect to key aspects of planning, water, forestry and mining legislation. However, it should also be noted that: merit appeal rights are available to proponents in a much wider range of circumstances than for third party community members; in most jurisdictions appeal rights are more limited for major projects; and the vast majority of development applications are approved, which means that limiting appeal rights disproportionately affects third party community members. These factors have led to considerable public concern about the equity of appeal rights. Table 3 – Third party merits appeal rights – State and Territories Planning Water Forestry Mining NSW (current) Appeal approval of major projects (where no PAC hearing, and not state significant infrastructure). Appeal approval of other projects. x See comments below re. Planning Bill 2013. Appeal approval of allocation licence (including transfer). x Appeal water use or water works approval. x Appeal licences and approvals under the relevant legislation. x Appeal granting of exploration licence. x Appeal granting of production lease. x Vic Appeal approval of major projects called-in by the Minister. x Appeal approval of major projects not called-in by the Minister. Appeal approval of other projects. Appeal approval of allocation licence (including transfer). x Appeal licences and approvals under relevant legislation. x Appeal granting of exploration licence. x Appeal granting of production lease. x Tas Appeal rights in respect of major projects. / x Appeal rights in respect of other projects. See info in Table 1. See info in Table 1. See info in Table 1. SA Appeal Category 3 matters. Appeal approval of major projects. x Appeal approval of other projects. x Information unavailable. Appeal licences and approvals under the relevant legislation. x Information unavailable.
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