Applications about protecting the environment

VCAT can also hear and determine disputes about environmental audits and environmental auditor appointments.

You can apply for a review of decisions made under the Environment Protection Act 2017 by the Environment Protection Authority (EPA), a council, litter authority or one of their officers.

All licences or permits

You can apply for a review of a decision to:

• refuse to transfer a licence or permit to someone who applied for the transfer
• transfer a licence or permit with conditions that the transfer applicant objects to
• refuse to amend a licence or permit at the holder’s request
• amend a licence or permit with conditions that the holder objects to
• set conditions when consenting to the surrender of a licence or permit
• refuse consent to the surrender of a licence or permit.

Development licences

Applicants for a development licence

You can apply for a review of a decision to:

• issue a development licence with conditions that are in contention
• refuse to issue a development licence
• attach conditions when granting an exemption to obtain a development licence
• refuse to grant an exemption to obtain a development licence.

You can also apply to VCAT for a review if the EPA failed to make a decision:

• after four months of making an application for a development licence
• after 20 business days of making an application for a development licence exemption.

People affected by a development licence

If your interests are affected by the decision to issue a development licence you can apply to VCAT for a review of that decision within 15 business days.

Operating licences

Applicants for an operating licence

You can apply for a review of a decision to:

• issue an operating licence with conditions that are in contention
• refuse to issue an operating licence
• vary the conditions of an operating licence
• revoke an operating licence
• attach conditions when granting an exemption to obtain an operating licence
• refuse to grant an exemption to obtain an operating licence

You can also apply to VCAT for a review if the EPA failed to make a decision:

• after 20 business days of an application being made for an exemption to obtain an operating licence
• after 15 days of an application being made to issue an operating licence – in situations where you have a development licence and have an EPA statement that the development was completed according to that licence
• after 42 days of an application to issue an operating licence – in all other situations.

Other persons

You can apply for a review of a decision to lift the suspension of an operating licence when you are not the licence holder but your interests are affected.

Pilot project licences

You can apply for a review of a decision to:

• issue a pilot project licence subject to any conditions
• refuse to issue a pilot project licence.

If you applied for a pilot project licence and the EPA failed to make a decision within 22 business days, you can also apply to VCAT for a review.

Permits

You can apply for a review of a decision to:

• issue a permit with conditions that are in contention
• refuse to issue a permit
• attach conditions to an exemption to hold a permit
• refuse to grant an exemption from holding a permit
• renew, or refuse to renew, a permit

You can also apply to VCAT for a review if the EPA or council failed to make a decision:

• within the required timeframes for issuing a permit (either 15 business days or 42 business days)
• after 10 business days of your application for a permit exemption.

Other permissions and authorisations

Other permissions and authorisations include registrations and authorisations issued by the EPA or council as well as licences and permits.

You can apply for a review of a decision to:

• revoke or amend a condition on a licence or permit at the EPA or council’s own initiative
• revoke a permission at the EPA or council's own initiative
• suspend a permission (or the period of a suspension)
• extend the suspension period of a permission
• attach conditions when allowing a prohibited person to perform prescribed activities, or be a body corporate officer that can perform prescribed activities.

You can also apply for a review if the EPA failed to make a decision within 25 business days:

• about allowing a prohibited person to perform prescribed activities
• about allowing a prohibited person to be a body corporate officer that can perform prescribed activities.

Notices

You can apply for a review of a decision by:

• the EPA or authorised officer to issue, revoke or amend an improvement notice, prohibition notice, environmental action notice or investigation notice
• the EPA directing a body corporate or person to comply with an environmental action notice
• a council to issue a residential noise improvement notice
• the EPA, litter authority or a litter enforcement officer to issue a person with a waste abatement notice
• the EPA, litter authority or a litter enforcement officer directing an occupier to remove or dispose of waste when the person responsible for the waste deposit cannot be found
• the EPA about the amount calculated in a notice of assessment for a waste levy or rebate because it was incorrectly calculated
• the EPA about a stay application made for a notice
• the EPA to attach conditions to a stay in the operation of a notice.

You can also apply for a review of the amount of waste levy or rebate in a notice of assessment issued by the EPA if you believe it was incorrectly calculated.

Better Environment Plans (BEP)

You can apply for a review of a decision by the EPA to:

• amend or revoke a Better Environment Plan (BEP)
• refuse to amend a BEP
• attach conditions when amending a BEP
• remove a participant from a BEP.

Financial assurances

You can apply for a review of a decision by the EPA:

• requiring financial assurance from a person engaging in an activity as a condition of a permission, site management order, environmental action notice or an order about environmentally hazardous substances
• about whether to release a person from all or part of their responsibility to provide financial assurance
• to make a financial assurance claim for the cost of conducting remediation or clean up activities.

You can also apply for a review:

• of the form of financial assurance set by the EPA
• the amount of financial assurance set by the EPA
• because the EPA failed to notify a person that they decided to release them from all or part of their responsibility to provide financial assurance.

Site management orders

You can apply for a review of a decision by the EPA:

• to issue a site management order, if you are the person bound by that order
• about a person’s application to vary or revoke a site management order
• directing a body corporate or person to comply with a site management order.

Environmental audits

A person whose interests are directly affected can apply for a review of a decision by the EPA to endorse or revise the scope of an environmental audit.

An environmental auditor whose appointment is suspended or revoked can seek a review of that decision.

Other decisions

You can apply for a review of the EPA’s decision:

• to keep a thing or document that was previously seized or retained by an authorised officer to prevent an offence from being committed
• to specify actions or measures to be taken by a Victorian Government agency that manages or controls an area, to eliminate or reduce risks to health or the environment
• to direct construction, maintenance and operation of works, facilities and equipment by a Victorian Government agency, to reduce or eliminate the risks to health or the environment.

You can also apply for a review of a fee that the EPA requires you to pay if you believe it has been incorrectly calculated.

If you are applying for a declaration, go to: Application for a declaration under environment and resources laws.

Time limits

If you are applying because the EPA or a council failed to make a decision, you can apply to VCAT for a review only after the required timeframes for them to make a decision have passed.

For any other review, you must apply within 15 business days of being notified of the EPA or council’s decision.

Documents you need to apply

Submit with your VCAT application a copy of:

• the decision
• any reasons given by the decision maker
• your original application to the EPA or council
• any support documents you submitted with your original application.

If it relates to the review you are seeking, also submit a copy of:

• any documents or other information requested by the EPA or council
• the licence, permit, registration, authorisation, Better Improvement Plan, site management order or notice
• any agreement about the transfer of the permit or licence
• the preliminary risk assessment statement and accompanying risk assessment report
• the environmental audit scope and supporting documentation
• the grounds supporting your request for a review
• the fee notice (including any calculations provided by the EPA).

If you are applying for a VCAT review because the EPA failed to make a decision, submit with your VCAT application:

• a copy of your original EPA application
• a calculation of the time between submitting your EPA application and your VCAT application.

Apply

We can explain the application process and what the form is asking you for. Contact us to get support.

We cannot give you legal advice. This means we cannot tell you what to write in your application or recommend how to get the outcome you want.

Seek legal help if you are unsure about your options or need advice about your claim.

Do I need a lawyer or professional representative?

You may have legal or other professional representation to appear at VCAT (such as a lawyer, relative, or some other person). In Environment and Resources cases you do not need to have VCAT's permission to be represented.

Find legal services that may be able to assist you.

Access and privacy

VCAT hearings and files are usually public.

VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality.

Legislation that applies to this type of case

Environment Protection Act 2017