Second party appeal rights
Appeal rights are provided to enable aggrieved people to seek an independent review by the Victorian Civil and Administrative Tribunal (VCAT) of EPA decisions in respect of works approvals and certain licences.
This page has answers to these questions:
What are second party appeal rights?
Are there any restrictions on a second party appeal rights about amendments?
What is the effect of an appeal?
What are second party appeal rights?
A second party (the party applying for a works approval or licence/works approval or licence holder) may appeal against:
- the failure of EPA to determine an application for a works approval, to issue a licence, or to amend a licence within the period allowed under the Environment Protection Act 1970
- the refusal to grant or transfer a works approval, or to issue, amend or transfer a licence
- the refusal to issue or renew a permit to transport waste
- any terms or conditions attached to the works approval, licence, or permit to transport waste
- the revocation or suspension of their licence
- any requirement contained in a pollution abatement notice, and
- a requirement to fund a course of study.
An appeal must be lodged within 21 days of EPA's decision, or in the case of EPA's failure to make a decision, within 21 days of the expiration of the period allowed for the decision to be made.
There is no right of appeal against a requirement specified in a minor works pollution abatement notice. See sections 32(2), 33, 33A, 34, 35 and 36A.
Are there any restrictions on a second party appeal rights about amendments?
When EPA amends a licence to correct a clerical mistake or unintentional error, or to delete a discharge point which is no longer in use, then no right of appeal exists.
Further, an appeal against the amendment of a works approval or a licence is restricted to those matters directly related or consequential to the amendment. See sections 20(10), 33A(4)(b) and 33C.
What is the effect of an appeal?
A second or third party appeal against a decision of EPA has the effect of putting the decision in abeyance. See sections 33A(8), 33B(4) and 36.
For further information contact the EPA Information Centre.