Applications relating to protection of the environment

VCAT hears applications about works approvals, licenses, pollution abatement notices, permits and other notices issued under the Environment Protection Act 1970.

These applications come under Part IV of the Act, including sections 33, 33A, 33B, 34, 35 and 36A.

Extension of time to apply

Usually, you must apply within 21 days of a decision being made about your works approval, licence, pollution abatement notice, permit or any other notice.

VCAT can extend the time to apply. We can extend the time by which you must make an application to VCAT – if it is reasonable to do so and if extending time would not cause any prejudice or detriment to a party Definition A person or organisation directly involved in a VCAT case, including a person or organisation that has brought the case before VCAT or who is defending claims made against them. or potential party that cannot be remedied by an appropriate order for costs or damages.

To request more time to lodge and application, submit an application for an extension of time form.

How to apply

Apply under section 33 or 33A

You can apply for a review of a decision made by the Environment Protection Authority about your application for a works approval or licence. You can also apply for a review if the Environment Protection Authority did not make a decision about your works approval or licence.

Use our application for review for a works approval or licence under sections 33 or 33A of the Environment Protection Act.

Apply under section 33B

If you are not the applicant Definition The person or organisation applying to VCAT. for a works approval or the licence holder but are affected by the Environment Protection Authority's decision to grant a works approval or licence, you can apply for a review. Use our general planning and environment application form.

If you are the licence holder or works approval applicant whose application is subject to a section 33B applicant and you want to transfer the application to the Major Cases List Definition A List is an area in VCAT that deals with cases of a similar nature. For example, the Residential Tenancies List decides cases between tenants and landlords, and the Civil Claims List handles disputes about buying or selling goods and services. , use our application to transfer a proceeding under the Environment Protection Act.

For all other matters

To apply for a review about pollution abatement notices, permits or any other notices, use our general planning and environment application form.

Need help with your application?

VCAT cannot give you legal advice. Seek legal help if you are unsure about your legal options. The following services may be able to help you:

Do I need a lawyer or professional representative?

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

Find free or low-cost 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. For more about applying for confidentiality.

Legislation that applies to this type of case

Environment Protection Act 1970