To lodge an appeal you need to:
- fill in a Form 5G Originating Appeal
- attach a copy of the decision you are appealing against
- deliver the form (and the attached decision) to the ERD Court;
- In person weekdays between 9:30am and 4:30pm at Lower ground floor, Sir Samuel Way Building, 241- 259 Victoria Square, Adelaide, South Australia, 5000
- Via Post addressed to “The Registrar ERD Court” GPO Box 2465, Adelaide, South Australia, 5000
- Via email erdcourt@courts.sa.gov.au
- pay the Court fee
- provide a copy of the ‘Notice of Appeal’ form and decision you are appealing to the authority against whose decision you are appealing (for example, a council or regional assessment panel or assessment manager, or the State Planning Commission) within three days of it being accepted and sealed by the Court
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 or a Commissioner. At the hearing you should provide reasons for the delayed filing of the action and provide an outline of the substance of your case and why, in the interests of justice, the Court should grant your Out of Time action. The Court will also hear from the Authority/respondent as to whether your requested extension of time is supported or opposed and why. The Court will then make a decision on whether to grant an extension and allow you to pursue your action.
| Act | Section | Timeframe |
|---|---|---|
| Planning, Development & Infrastructure Act 2016 | 202 (applications or proceedings) | For applicants/appellants – within 2 months after receiving notice of the decision For representors (restricted development only) – within 15 business days after the date of the decision |
| Planning, Development & Infrastructure Act 2016 | 213 (enforcement notice) | Within 14 days after the direction is given |
| Planning, Development & Infrastructure Act 2016 | 231 (advertisements) | Within 1 month after service of the notice |
| Planning, Development & Infrastructure Act 2016 | 157 (fire safety notice) | Within 14 days after the notice is given |
| Planning, Development & Infrastructure Act 2016 | 155 (emergency order) | Within 14 days after the notice is given |
| Planning, Development & Infrastructure Act 2016 | 142 (completion of work notice) | Within 14 days after the notice is given |
| Planning, Development & Infrastructure Act 2016 | 125(6) (application to quash a deemed consent) | Within 1 month after the deemed planning consent is taken to have been granted |
| Environment Protection Act 1993 | 106 (appeals) | For appeals against an environment protection order, information discovery order, clean-up order, site contamination assessment order or site remediation order or variation of such an order – within 14 days after the order is issued/variation is made In any other case – within 2 months after the making of the decision |
| Heritage Places Act 1993 | 20 (provisional entry in Heritage Register) | Within 2 months after notice is given of the decision |
| Heritage Places Act 1993 | 39A(7) (protection order/variation of protection order in relation to State Heritage Place) | Within 21 days after the order is issued/variation is made |
| Local Nuisance & Litter Control Act 2016 | 32 (nuisance/litter abatement notice) | Within 14 days after the notice is served |
| Landscape South Australia Act 2019 | 193 (action order) | Within 14 days against the order or subsequent variation to the order was served |
| Landscape South Australia Act 2019 | 208/209 (protection order/reparation order) | Within 21 days after the order or authorisation or variation is served |
| Landscape South Australia Act 2019 | 216 (appeals – other than the above) | Within 6 weeks of the decision, direction or restriction appealed against |
| Irrigation Act 2009 | 55 (appeals against a decision of irrigation trust) | Within 1 month after receipt of written notice of the decision |
| Irrigation Act 2009 | 57 (proposal to dissolve trust) | Within 1 month after notice served |
| Mining Act 1971 | 17B (assessments by treasurer) | Within 1 month after the date of service of assessment |
| Mining Act 1971 | 56W (cancellation or suspension of mineral tenement) | Within 28 days after receiving notice of cancellation or suspension |
| Mining Act 1971 | 65 (appeal against judgment or order of the Warden’s court) | Within 1 month after publication of the judgment or order |
| South Eastern Water Conservation and Drainage Act 1992 | 48 (appeals) | Within 6 weeks of the decision or requirement appealed against |
| Ground Water (Qualco-Sunlands) Control Act 2000 | 38 (application for certificates) | Within 30 days after receiving notice of the decision |
| Ground Water (Qualco-Sunlands) Control Act 2000 | 65 (appeals) | Within 6 weeks of the decision, direction or restriction appealed against |
| Energy Resources Act 2000 | 110 (review of rehabilitation directions) | Within 14 days after receiving the direction |
| River Murray Act 2003 | 33 (appeals against protection order, reparation order or interim restraining order) | Within 14 days after the order is issued or the variation is made |
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 the BPoint link that will be sent to you; or in person via card at the Registry.
Once you have lodged your appeal, the Court will schedule a date for you to attend. Your matter will be listed for a Conference, Directions Hearing, Application or Out of Time Application so it is important you read your accompanying paperwork to understand the next stage.
In planning matters, other interested people may seek to be joined as a party.
- ERD Court Rules, Practice Directions and Forms
- ERD Court civil divisional fees
- ERD Court criminal divisional fees
- ERD Court Native Title divisional fees