Environmental Appeals
Welcome to the Environmental Appeals Webpage. The Environment Act allows a person to file an appeal with either the director or the minister if they are affected by a decision made under the Act which includes:
- An order, instruction or permit made by an environment officer,
- the issuance of a licence or a permit by the director,
- The refusal by the director to issue a licence or permit,
- Any decision, order, instruction, or directive made by the director, and
- The limits, terms and conditions included in a licence or permit issued by the director.
- The disposition of an appeal to the director, specifically relating to an order, instruction, or permit issued by an environment officer.
- A decision made by the minister regarding proposals for Class 1, 2, or 3 developments, or for an alteration to a development.
You can find information about how to file an appeal here: Environment Act Appeals Guidelines
An appeal is an objection to certain decisions, orders, instructions, or directives issued under the authority of The Environment Act. A person may file an appeal if they are affected by a decision of an environment officer, director, or the minister made under The Environment Act.
Any person who is affected by a decision made under The Environment Act made by an environment officer, director, or the minister. uirements for basic siting, design, operation, monitoring, planning, closure, and post closure activities.
In accordance with section 30 of The Environment Act, an appeal submission does not suspend the original decision. However, the minister may suspend the original decision in whole or in part until the appeal has been decided on, but this is at their discretion.
Filing an appeal does not suspend the original decision, the work required by the environment officer is still required to be completed when an appeal is filed. However, the minister does have the authority to pause that decision until the appeal has been decided on, but this would be at the minister’s discretion and is decided on a case-by-case basis.
No, you do not need a lawyer to file an appeal. However, you may choose to seek legal advice or representation if you believe it would be beneficial to your case. Please note that the cost of legal representation is typically borne by the appellant.
To file an appeal, prepare a document detailing your reasons for the appeal, including any relevant evidence and related facts. To appeal a director’s decision, this document should be sent by mail or email to the minister within 30 days of the date when the decision was made. To appeal an environment officer’s decision, this document should be sent by mail or email to the director within 14 days of the date when the decision was made. Please visit our how to appeal page for more information.
No, there are no fees associated with filing an appeal.
If the appeal submission deadline is missed, the appeal will not be considered.
After you file an appeal, you will receive a notification acknowledging receipt of your appeal. The review process for each appeal is unique and may take several weeks or months.
Yes, when an appeal is filed, the proponent is typically notified but they are not provided with details on who appealed the decision. This ensures that all parties involved are aware of the appeal.
Yes, an appeal can be withdrawn after it has been filed, simply contact the office in writing the appeal was originally sent to asking for it to be withdrawn.
Once a final decision is made, a notice of the decision will be provided to the appellant(s) by email within seven days of the date of the decision. If the approval of the Lieutenant Governor in Council is required, the appellant will be notified within 30 days of the date of the approval of the decision. The department will also notify the proponent of the decision.