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Remedial notices issued under the Environment Protection Act 1970 (1970 Act) were given to businesses to prevent danger to human health, life or the environment. The notices were verbal or written, had to be followed immediately and could direct a person to:
- immediately stop an activity or works
- address an incident
- conduct a clean-up of their site
- change an existing process or activity.
If you have a remedial notice that was issued under the 1970 Act, you can apply for an amendment to it until it’s revoked. You can apply to amend the following types of 1970 Act remedial notices:
- pollution abatement notices (PANs)
- minor works pollution abatement notices (MWPANs)
- clean-up notices (CUNs).
Applying for an amendment doesn’t suspend or disable the requirements in the served notice.
How to apply for an amendment
You can apply for an extension of compliance dates, or an amendment or revocation of requirements.
Generally, we only make amendments to requirements if you can show that you’ve made all efforts to comply with the notice requirements and if either of the following is true:
- factors beyond your control (such as weather events) mean you can’t comply within the dates and you need an extension of time to comply
- changing one or more of the requirements will restore legal compliance, deliver greater levels of control and better long-term environmental results.
You also need to provide enough information to justify your case for an amendment.
To apply for an amendment, download the application form, fill it out, and return the completed form to the manager of the EPA office listed on the notice within the required time. EPA office contact details are listed on our Contact us page.
- three working days before the relevant compliance date(s) for a minor works pollution abatement notice (MWPAN)
- ten working days before the relevant compliance date(s) for a pollution abatement notice (PAN) or clean up notice (CUN).
We will not amend MWPAN requirements with immediate or extremely urgent deadlines.
EPA will review the application and respond within five working days of receiving it.
Read our Remedial notices policy (publication 1418) for more information.
Review of a remedial notice
Notice recipients can no longer apply for a review of a pollution abatement notice (PAN) or clean up notice (CUN) unless EPA decides to exercise its discretion to accept a late application for review under the 1970 Act.
The criteria for a review are set out in the Remedial Notice Review Policy (publication 1926).
To find out how to submit a late application for a review of a PAN or CUN call us on 1300 372 842 (1300 EPA VIC).
Reviewed 6 September 2021