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.

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.

ActSectionTimeframe
Development ActSection 86For Applicants - 2 months from the date the decision is received
For Representors – 15 business days from the date of decision
Development ActSection 8414 days from the date of the Order
Development ActSection 741 month after service of the Notice​
Development ActSection 7114 days from the date of the Order
Development ActSection 6914 days from the date of the Order​
Development ActSection 6914 days from the date of the Order​
Environment Protection ActSection 106For 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 ActSection 202 months after notice is given of the decision​
Irrigation ActSection 651 month after receiving written notice of the decision
Mining ActSection 651 Month after publication of the judgment or order​
Native vegetation ActSection 33FPerson 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 ActSection 202For 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
Petroleum and Geothermal Energy ActSection 11014 days after receiving the direction​
South Eastern Water Conservation & Drainage ActSection 486 weeks from the date of decision​
Upper South East Dryland Salinity and Flood Management ActSection 31For 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

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

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.