Applying for review of a Commercial Activity Permit decision
When a Commercial Activity Permit (CAP) application has been assessed, the Queensland Parks and Wildlife Service (QPWS) will either:
- approve and issue your CAP – by sending you the permit with an information notice. Ensure you read your permit carefully as it may include additional special conditions
- or
- refuse part, or all of your application – by sending you an information notice stating the reasons for refusal.
If you are dissatisfied with your permit conditions, or with having your permit application refused, you can apply for a review of this decision.
QPWS is then required by law to conduct an internal review. If you are still dissatisfied with the decision, you may request an external review by the Queensland Civil and Administrative Tribunal (QCAT).
Review process
You must seek an internal QPWS review before you take your concerns to QCAT or the courts.
Step 1 – Apply for a QPWS review
You can apply for an internal review of the decision within 20 business days of receiving your information notice. QPWS must review the decision within 28 days of receiving your application.
Step 2 – Apply for QCAT review
If you are dissatisfied with findings from the internal QPWS review, you can file an application for QCAT to review a decision within 28 days of receiving the QPWS internal review notice.
Step 3 – Apply to the court for a statutory order
If you are dissatisfied with QCATs review, you can apply for a statutory order of review.
You can apply to the court for a statutory order of review if you are aggrieved by:
- a decision about your CAP application
- the conduct of the person who made the decision
- failure to make a decision.
Legal considerations
QPWS is required to conduct an internal review or participate in an external review under the Nature Conservation (Protected Areas Management) Regulation 2017 and the Recreation Areas Management Act 2006.
Decisions about applications for CAPs for a state forest are subject to appeal under the Judicial Review Act 1991.