Environment Protection Act
Reviews of decisions made under the Environment Protection Act 1993 (SA) and the Environment Protection Regulations 2009 (SA)
From 22 February 2018 SACAT will have a review jurisdiction under the Environment Protection Act 1993 (SA) and the Environment Protection Regulations 2009 (SA). This will enable reviews of certain decisions made by the Environment Protection Authority under the Environment Protection Act 1993 in relation to site contamination auditors.
Types of Decisions that can be reviewed by SACAT
SACAT can review the following decisions of the Environment Protection Authority in relation to site contamination auditors:
- Refusing to grant an application for accreditation or renewal of accreditation
- Determining the term of the accreditation
- Imposing or varying a condition of accreditation or determining a matter in relation to such a condition
- Suspending or cancelling accreditation or imposing a disqualification
Applications of this kind will be handled by SACAT’s Administrative & Disciplinary Stream.
Generally, an application for review of a decision must be lodged:
- Within 1 month after the making of the decision or receiving written statement of reasons if reasons have been requested.
- In special circumstances, the Tribunal may permit you to make an application after this time
Before applying to SACAT for a review of an Environment Protection Authority decision, you must:
- Have a copy of the decision which you want to challenge – you should include this with your application
- Ensure you are ready to pay the required fee for making an application.
How to apply:
Click here to start an online application. In the field entitled ‘Type keyword here’ contained within Step 2 type the word ‘EPA’ as shown below and then scroll down to select the correct application type.
If you are not sure if you have selected the correct application type you can hover over the ‘question mark’ on the right-hand side to see a brief description of the application you have selected.
If you have any further questions or you would like a staff member from SACAT to assist you to complete the application over the telephone please call SACAT on 1800 723 767 (menu option 4 then option 5 - for reviews of Government Decisions).
Attach a copy of the decision you are seeking to review:
You must upload a copy of the decision you are seeking to review when completing your on-line application, or you can email the decision to SACAT at firstname.lastname@example.org, or post the decision to SACAT at GPO Box 2361 Adelaide SA 5001. Please quote your tracking code or file number when sending any correspondence to SACAT.
There is a filing fee applicable for this type of application. Payment can be made on-line by credit card at the time of completing the on-line form, or by using one of the other options outlined in the payment section of the on-line form.
Click here to see a list of current fees and information about payment methods and fee waiver options.
Organisations that may be able to assist you:
- Legal Services Commission - www.lsc.sa.gov.au – The Legal Services Commission offer a free telephone legal advice line and other methods of advice for members of the public.