This page relates to EPA’s policies and tools under the Environment Protection Act 1970. To find out about EPA’s compliance and enforcement role under the Environment Protection Act 2017, which is intended to come into effect on 1 July 2021, visit the compliance and enforcement page.
A notice recipient can apply to EPA for a review of the decision to issue a pollution abatement notice (PAN) or clean up notice (CUN). Applications for review must be made by the notice recipient named on the PAN or CUN. If the notice recipient is a corporate entity, the person who completes the application must be authorised to make it on behalf of the entity.
Applications for review must be received by EPA within 10 business days of the date of issue of the notice.
The review process
We initially assess all applications for eligibility against the criteria defined in EPA’s Remedial notice review policy (publication 1531). We will let the applicant know in writing when we receive their application and what we decide in our assessment.
If the eligibility criteria have been met, we will review the notice within 10 business days of date we receive your application for review.
We will advise the applicant the outcome of the review in writing. The outcome will be one of three results:
- notice affirmed (original notice stands)
- notice amended (original notice changed)
- notice revoked (original notice withdrawn).
External review rights
Recipients of a PAN may apply in writing to the Victorian Civil and Administrative Tribunal (VCAT) for a review of decisions regarding the serving of the notice or its requirements. You must apply to VCAT within 21 days of the date of issue of the notice.
An application for an EPA review does not affect the VCAT timelines. Applicants wishing to lodge a VCAT application in addition to an EPA review must still do so within 21 day of the date of issue of the notice.
PANs and CUNs can also be appealed through the Supreme Court.
For help with an application for a remedial notice review, contact us on 1300 372 842 (1300 EPA VIC).
For VCAT applications, contact VCAT on 03 9528 9777.
This page was copied from EPA's old website. It was last updated on 31 May 2017.
Reviewed 20 April 2021