Judicial Review of decisions made under the Environmental Protection Act 1986 (WA)
This fact sheet provides information on judicial review in WA, specifically with regards to decisions made under the Environmental Protection Act 1986 (WA) (EP Act).
Summary
Key takeaways
- An applicant can make an application for judicial review to the Supreme Court where:
- the decision-maker has made a legal error; and
- the applicant has ‘standing’ to bring the application, being a special interest in the matter that is over and above other members of the public (unless the remedy sought is certiorari, discussed below).
- An application for judicial review should be brought as soon as possible and must be made within six months from:
- the date of the decision; or
- the date on which the applicant became aware of the decision.
- As soon as a potential applicant becomes aware of a decision, they should seek a statement of reasons for the decision (if reasons are not provided).
- In judicial review proceedings, the Supreme Court considers whether the decision-maker has made an unlawful decision. A decision may be unlawful if the decision-maker:
- failed to consider a matter they were required to take into account;
- considered a matter they were required to not consider;
- did not afford procedural fairness to a person who was entitled to it; or
- made a legally unreasonable decision or a decision they did not have the power to make.
- If the Supreme Court finds the decision was unlawful, they can set aside the decision, or require the decision-maker to remake the decision lawfully.
- As with most legal proceedings, there are risks of you being required to pay the other side’s costs if you are not successful. You should obtain legal advice on the prospects of success of your application before commencing judicial review proceedings.
Key actions
If you need help with a legal case but cannot afford to pay for a lawyer, you may be able to get help from:
- Legal Aid Western Australia;
- Law Access; or
- a local Community Legal Centre.
If you have an environmental law dispute, contact the Environmental Defenders Office for free legal advice on public interest environmental law issues.
