To lodge an appeal you need to:
  • fill in a Notice of Appeal form 
  • attach a copy of the decision you are appealing against
  • deliver the form (and the attached decision) to the ERD Court
  • pay the court fee
  • Then provide a copy of the 'Notice of Appeal' form and decision you are appealing against to the authority against whose decision you are appealing (for example, the local council or the Development Assessment Commission)
A “how to” video is available to explain the type of information you need to provide for the Court to accept your notice of appeal. The video is a guide and is not to be relied on as legal advice.
 

Notice of Appeal form

The Notice of Appeal form can be obtained by contacting the ERD court or printing the form below.
 
Notice of Appeal for Development matters:
Notice of Appeal - Development Act Notice of Appeal - Dev.docx [33KB] Notice of Appeal - Dev.pdf [221KB]
 
Notice of Appeal for matters, other than Development, eg. Natural Resources, Environment Protection, Heritage, etc
Notice of Appeal - Other Notice of Appeal - Other.docx [31KB] Notice of Appeal - Other.pdf [224KB]
 
 

Completing the Notice of Appeal form

What you put on your form is up to you. You don’t have to use special legal language but you must explain to the court what decision you are appealing against and why.
 
An example completed appeal form may help you complete yours.
Example - Completed Notice of Appeal Form Example Notice of Appeal.pdf [24KB]
 
A “how to” video is available relating to completing a notice of appeal. 
 
 

Time limit to lodge an appeal

You have a limited time to lodge your Notice of Appeal.  The time limit depends on what sort of decision you are appealing against.  It can be as little as 15 days so it is important to act quickly if you are considering an appeal.  Usually the notice you receive from the Authority will advise you of the time limit you have to lodge an appeal.
 
If you have not met the time limit but still want to appeal, contact the court and ask what you need to do to apply for an extension of time. Your appeal may be able to proceed to an ‘Out of Time’ hearing before a Judge. This will allow you to provide evidence in regards to why your appeal/application is out of time, provide the council with an opportunity to express its opinion, and then the Judge will make a decision regarding your appeal.
 
A “how to” video is available to explain how to Apply for, and what to expect in, an Out of Time Hearing.
 
Act Section Time to Appeal
Development Act Section 86

For Applicants - 2 months from the date the decision is received
For Representors – 15 business days from the date of decision

Development Act Section 84

14 days from the date of the Order​

Development Act Section 74

1 month after service of the Notice​

Development Act Section 71

14 days from the date of the Order​

Development Act Section 69

14 days from the date of the Order​

Development Act Section 56

14 days from the date of the Order​

Environment Protection Act Section 106

For Environment Protection, Information Discovery or Clean-up Order – 14 days from the date of the order, unless otherwise specified
In any other case, 2 months after the making of the decision

Heritage Act Section 20

2 months after notice is given of the decision​

Irrigation Act Section 65

1 month after receiving written notice of the decision​

Mining Act Section 65

1 Month after publication of the judgment or order​

Native Vegetation Act Section 33F

Person who has applied to clear – 2 months
Person who has been given a written direction or order – 14 days after the direction is issued

Natural Resources Management Act Section 202

For Order or variation of such order - within 21 days after the order is issued or the variation is made
In any other case - within 6 weeks from the date of the decision, direction or restriction

Petroleumn and Geothermal Energy Act Section 110

14 days after receiving the direction​

South Eastern Water Conservation & Drainage Act Section 48

6 weeks from the date of decision​

Upper South East Dryland Salinity and Flood Management Act Section 31

For an appeal against an order, or variation of an order – 14 days after the order is issued
In all other cases – 1 month after the making of the decision

 
 

Court Fees

Payment of the court fee must be made when lodging your notice of appeal.   View current Court fees.
The court fee can be paid by:
  • a cheque made out to Environment, Resources and Development Court
  • a money order
  • cash
  • EFTPOS payment at the court’s front counter (or ‘registry’), or at any Magistrates Court Country Registry

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The Next Stage

Once you have lodged your appeal the court will schedule a date for  you to attend. Your matter may be listed for a Preliminary Hearing, Conference, Directions Hearing, Application or Out of Time hearing so it is important you read your accompanying paperwork to understand the next stage.
 
In planning matters, the court may also ask other interested people if they want to be joined as a party.
 

Forms, Fees and Rules

Related Links

Contact Us

For further information, contact the ERD Court:
 
p: +61 8 8204 0289
f: + 61 8 8124 9898
 
Location:
Lower ground floor
Sir Samuel Way Building
241- 259 Victoria Square
Adelaide, South Australia, 5000
 
Postal Address:
The Registrar
ERD Court
PO Box 2465
Adelaide, South Australia, 5001

Opening Hours

9:30am to 4:30pm
Monday – Friday
Excluding public holidays