Appeals against investigation and clean up notices
The Contaminated Sites Act 2003 (Act) and the Contaminated Sites Regulations 2006 (Regulations) provide for the identification, recording, management and remediation of contaminated sites in Western Australia.
A site that is known or suspected of being contaminated is required to be reported to the Department of Water Environmental Regulation (DWER) by the owner or occupier of the site, the person that caused the contamination, or an auditor engaged to report the site under the Act. When a site is reported, the Chief Executive Officer (CEO) of DWER is required to inquire into the report and classify the site based on the risk the contamination poses to human health and the environment. The CEO is empowered to serve statutory notices requiring investigation, hazard abatement or clean-up of contaminated sites.
Who can appeal against an Investigation or Clean-up Notice?
Section 52 of the Act specifies who is eligible to appeal against a requirement of an Investigation or Clean-up Notice, or being given a Notice.
If you are unsure about your eligibility to appeal against an Investigation or Clean-up Notice under the Act, you may wish to seek professional legal advice before proceeding.
You cannot appeal against being given, or a requirement of, a Hazard Abatement Notice. Hazard Abatement Notices are given when there is immediate and serious risk of harm to human health or the environment.
How long do I have to lodge an appeal against an Investigation Notice or Clean-up Notice?
An appeal must be lodged with the Committee within 21 days (or such later time specified in the DWER Investigation or Clean- up Notice).
What do I need to do?
Complete the Contaminated Sites Committee Notice of Appeal Form.
Pay the Appeal Fee of $45 on the Appeal Payment page.
Where do I lodge my appeal application?
Contaminated Sites Committee
Level 22 Forrest Centre
221 St Georges Terrace
PERTH WA 6000
What will it cost?
There is a fee of $45.00 to lodge an appeal with the Committee.
What happens next?
While your appeal is being determined, the Investigation or Clean-up Notice is suspended, unless the Committee makes a written decision that it should continue to have effect.
When the Committee has received all the information in relation to the appeal, it will seek a report on the appeal from the CEO of DWER.
Throughout the appeal process, the Committee may consult with the appellant and any other person it considers necessary.
In deciding the appeal the Committee may—
Uphold the original decision or requirement.
Substitute or vary the original decision or requirement.
Set aside the decision or requirement and make a new decision the Committee thinks just.
The Committee provides a written notice of its decision to the appellant, the CEO of DWER and any other affected persons involved in the appeal.
The Committee’s decision in relation to appeals against Investigation or Clean-up Notices is final and without further appeal. The CEO of DWER will amend or cancel the Notice accordingly, to give effect to the Committee's decision.
See the Appeal Decisions page for past Committee decisions.