Vic Restraining or remedying breaches of the Act. Appeal rights in respect of major projects. Appeal rights in respect of other projects. Restraining or remedying breaches of the Act. X Appeal approval of allocation licence (including transfer). X Restraining or remedying breaches of relevant legislation. X Appeal licences and approvals under relevant legislation. X Appeal exploration licence. X Appeal production lease. X Tas Restraining or remedying breaches of the Act. Restraining or remedying breaches of the Act. Appeal rights in respect of approval of licence (including transfer). Appeal decision to certify a forest practices plan. X General right to object to a private timber reserve. X Appeal exploration licence. X Appeal production lease. X SA Restraining or remedying breaches of the Act. Appeal rights in respect of major projects. X Appeal rights in respect of other projects. Restraining or remedying breaches of the Act. Appeal approval of allocation licence (including transfer). X Appeal rights in respect of any decision made under the Act. X Information unavailable. NT Restraining or remedying breaches of the Act. x Restraining or remedying breaches of the Act. x N/A Appeal exploration licence. X Appeal production lease. X QLD Restraining or remedying breaches of the Act. Statutory judicial review rights in respect of major projects. X Restraining or remedying breaches of the Act. License approval and transfer. Restraining or remedying breaches of Act(s). / X Appeal decisions. Appeal exploration licence. Appeal production lease. Additional comments - Planning Bill 2013 (NSW) On 22 October 2013, the NSW Government introduced its revised Planning Bills into Parliament. In relation to judicial review rights, legal errors can continue to be challenged under open standing provisions, which allow any person to enforce a breach
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.