Review a remedial notice

We can review these types of remedial notices:

• environmental action notices
• improvement notices
• notices to investigate
• prohibition notices.

We can review notices issued by:

• one of our authorised officers
• a council authorised officer.

Check your notice to see if an EPA or council authorised officer issued it.

If your notice says that a delegate of EPA issued it, you need to apply to the Victorian Civil and Administrative Tribunal (VCAT) for an external review. We cannot review notices issued by delegates of EPA.

VCAT also reviews waste abatement notices and site management orders.

Apply for an internal review

When you apply for an internal review, one of our internal review officers assesses your application. This is a different officer to the one who issued the original notice – they are independent.

They consider if our decision to issue the remedial notice was the correct and preferable decision.

After the review process, your notice may be:

• affirmed – our decision is the same as the first decision
• varied – we make changes to the notice
• set aside and substituted with a new decision – we cancel the notice altogether and may replace it with a new notice.
  

How to apply for an internal review

You must apply within 10 business days of the date you received the notice.

We may accept a late application if:

• you explain to us why you are applying late
• we accept your reason.

You can apply if you're:

• the recipient named in the remedial notice
• a person authorised to apply on their behalf.

When you apply, you can request a stay of your notice. This means you do not have to comply with the notice until we finish the review. We decide whether to grant you a stay or not.

Understand your rights and the review process

To understand your rights and the process, read our Remedial notices review policy.

Complete the online form

You need to provide:

• the reason why you're seeking an internal review
• information and evidence to support your explanation.

Apply for an internal review

If you cannot apply online or you need help to apply, contact us on 1300 372 842.

What happens next

We let you know we've received your application.

If you have requested a stay, we must decide whether to grant it or not within 2 business days. If we do not make a decision, your request for a stay is automatically granted. If we decide not to grant you a stay, then you have to comply with the notice until we tell you otherwise.

We must review your application and let you know the outcome within 10 business days of when we received it.

If you do not hear from us within 10 business days of applying, your notice remains in place – it is affirmed. You must continue to comply with your notice.

If you disagree with our internal review decision, you can apply to VCAT for an external review.

Apply for an external review

You can apply to VCAT:

• to have our internal review decision reviewed
• if your notice was issued by a delegate of EPA and we cannot review it internally.

You must apply to VCAT within 15 business days of when you received the decision about your internal review application, or the notice issued by a delegate of EPA.

For information on how to apply to VCAT, visit Appeal our decision.