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The Environmental Protection Act 1986 (W.A.): An experiment in non-judicial appeals

Bailey, J.M. (1989) The Environmental Protection Act 1986 (W.A.): An experiment in non-judicial appeals. Environmental and Planning Law Journal, 6 (3). pp. 197-213.

Abstract

In the realm of administrative law there is a wide range of appeal mechanisms available; from the fully judicial, through the quasi-judicial to the non-judicial. Whatever the nature of the appeal mechanism, the principal objective imposed upon it is to provide a means whereby poor decisions made by those charged with the administration of legislation can be remedied. The types of appeals and the composition of appeals bodies varies from State to State and statute to statute. In this article the authors describe the appeals provisions of the Environmental Protection Act 1986 (W.A.); examine their relationship to the administrative activities of the Environmental Protection Authority; and assess the system's performance during the first 17 months of operation of the new Act. They conclude that the new provisions are of value but are not being used to effect by appellants.

Item Type: Journal Article
Murdoch Affiliation(s): School of Environmental and Life Sciences
Publisher: Lawbook Co.
URI: http://researchrepository.murdoch.edu.au/id/eprint/20360
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