The environmental appeal process in Western Australia: a check and balance on EIA.

Abstract

The EIA process in Western Australia is subject to merits-based, not legal, appeals. The AppealsConvenor manages to the appeals process and is independent of both the peak environmentalagency, the EPA, and the final decision maker, the Minister for the Environment. The appeals processhas a statutory framework, provides an additional opportunity for public participation, has worked toprovide a check and balance on EIA, and effectively acts to further minimise political interference inEIA. Eight key principles are adopted in considering appeals. A description of the appeals process isprovided along with data on the outcomes of appeals.