Public participation and appeal rights
View the current works approvals and licenses open for comment
Public participation
Public participation is an important component of the Environment Protection Act 1970. The public are invited to make comments on works approvals and some types of licence applications. 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.
How will the public find out about a proposed discharge?
Who can comment on a proposal for works?
Will a conference be held?
Are objections to a licence application allowed?
How will the public find out about a proposed discharge?
EPA will advertise in a newspaper that it has received an application for a works approval. EPA is required to advertise in a newspaper with Statewide distribution, but where appropriate may also advertise in a local newspaper.
The advertisement will state where a copy or summary of the application may be examined, normally EPA's head office and the relevant regional office. The copy or summary may be obtained for a fee from EPA. See section 19B(3) of the Environment Protection Act.
Who can comment on a proposal for works?
Any interested person may make written comments on the application. Comments must be submitted to EPA within 21 days of the application being first advertised. The Act requires EPA to take such comments into account. Late comments may also be considered at EPA's discretion.
Third parties may also request EPA to notify them if a works approval is granted. Those considering lodging an appeal against the works approval may wish to be notified so the appeal can be lodged within the time limit allowed. See sections 19B(3) and 19B(5)(a).
Will a conference be held?
Where written objections are received, EPA may, and generally will, arrange for a conference to be held. The conference will be convened by EPA and all interested people will be invited to attend. EPA is required to take account of the discussions or resolutions of a conference and the recommendations of the convenor. See sections 19B(6) and 20B.
Are objections to a licence application allowed?
No objections can be made by a third party in respect of an application for a licence or for the amendment of a licence. Third party concerns will have been dealt with at the works approval stage.
However, if a discharger has failed to obtain a works approval, in addition to any penalty imposed, the application will be treated in the same manner as an application for a works approval. EPA will advertise that it has received the application, make available copies or summaries for comment, receive written comments and, if appropriate, hold a conference.
Third party appeals
Who can appeal against the grant of a works approval?
Under what grounds can an appeal be lodged?
Are appeals allowed against the issue of amendment of a licence?
What is the effect of an appeal?
Who can appeal against the grant of a works approval?
Any person who is aggrieved by the grant of a works approval may lodge an appeal. An appeal must be lodged within 21 days of EPA making its decision to grant the approval and the grounds on which the appeal is lodged must be stated. See sections 32(2) and 33B(1).
Under what grounds can an appeal be lodged?
There are two grounds on which an appeal may be lodged:
The first ground is that a discharge in accordance with the approval will 'unreasonably or adversely' affect the interests of the appellant. The second ground is that the discharge will be inconsistent with State environment protection policy (SEPP) or, if there is no applicable SEPP, the discharge would cause pollution. See section 33B(2).
Are appeals allowed against the issue of amendment of a licence?
A person may only appeal against the issue or amendment of a licence in one situation. This is where the applicant failed to obtain a works approval as required by the Environment Protection Act. If a works approval was obtained, the conditions of the licence must be consistent with the conditions of the works approval and further appeal rights are not considered necessary.
Wherever possible, information about proposed licence conditions will be made available to interested parties during the works approval stage.
An appeal must be lodged within 21 days of EPA's decision and only on those grounds described above. See sections 20(7), 20A(6), 32(2) and 33B.
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.