Victorian Current Acts Victorian Current Acts(1) The following table sets out—
(a) decisions made under this Act that are reviewable in accordance with this Division ( reviewable decisions ); and
(b) who is eligible to apply for review of a reviewable decision (the eligible person in relation to the reviewable decision).
S. 178(1) (Table) amended by Nos 36/2022 s. 20, 35/2023 s. 30(7).
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Column 1
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Column 2
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Column 3 Eligible person in relation to the reviewable decision |
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1 |
Section 23 (power of the Head, Recycling Victoria to exempt a person or class of person from regulations or service standard) |
A person refused an exemption. A person given an exemption that is different to the one applied for. |
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2 |
Section 25 (power of the Head, Recycling Victoria to amend or revoke an exemption given under section 23) |
A person in respect of whom an exemption under section 23 applies. |
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3 |
Section 45 (power of the Head, Recycling Victoria to exempt entity from reporting requirements) |
A person refused an exemption. A person granted an exemption that is different to the one applied for. |
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4 |
Section 47 (power of the Head, Recycling Victoria to amend or revoke exemption from reporting requirements on initiative of the Head, Recycling Victoria) |
The person who held or holds the exemption. |
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5 |
Section 48(3) (decision of the Head, Recycling Victoria to amend or refuse to amend exemption from reporting requirements on application) |
The applicant for an amendment of an exemption |
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5A |
Section 74T(1)(a) (decision of Head, Recycling Victoria to impose a condition on a cap licence (other than a condition specifying an allocated cap amount in a cap licence)) |
Applicant for a cap licence |
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5B |
Section 74T(1)(b) (decision of Head, Recycling Victoria to refuse to issue a cap licence) |
Applicant for a cap licence |
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5C |
Section 74Y(1)(a) (decision of Head, Recycling Victoria to impose a condition on an existing operator licence) |
Applicant for an existing operator licence |
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5D |
Section 74Y(1)(b) (decision of Head, Recycling Victoria to refuse to issue an existing operator licence) |
Applicant for an existing operator licence |
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5E |
Section 74ZB(1)(a) (decision to amend a waste to energy licence on the initiative of the Head, Recycling Victoria) |
Holder of a waste to energy licence |
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5F |
Section 74ZB(4)(a) (decision of Head, Recycling Victoria to impose a condition on an amended waste to energy licence amendment (other than a condition specifying an allocated cap amount in a cap licence)) |
Applicant for an amendment of a waste to energy licence |
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5G |
Section 74ZB(4)(b) (decision of Head, Recycling Victoria to refuse to amend a waste to energy licence on the application of the holder of a waste to energy licence (other than a condition specifying an allocated cap amount in a cap licence)) |
Applicant for an amendment of a waste to energy licence |
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5H |
Section 74ZC(1)(a) (decision of Head, Recycling Victoria to decrease the allocated cap amount specified in a cap licence on the initiative of the Head, Recycling Victoria) |
Holder of a cap licence |
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5I |
Section 74ZC(1)(b) (decision of Head, Recycling Victoria to refuse to amend the allocated cap amount specified in a cap licence on the application of the holder of a cap licence) |
Holder of a cap licence |
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5J |
Section 74ZD(1) (decision of Head, Recycling Victoria to suspend a waste to energy licence) |
Holder of a waste to energy licence |
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5K |
Section 74ZE(1) (decision of Head, Recycling Victoria to suspend a waste to energy licence with immediate effect) |
Holder of a waste to energy licence |
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5L |
Section 74ZF(1)(a) (decision of Head, Recycling Victoria to refuse to revoke a waste to energy licence on the application of the holder of a waste to energy licence) |
Holder of a waste to energy licence |
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5M |
Section 74ZF(1)(b) (decision to revoke a waste to energy licence on the initiative of the Head, Recycling Victoria) |
Holder of a waste to energy licence |
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5N |
Section 74ZG(1) (decision of Head, Recycling Victoria to revoke a waste to energy licence with immediate effect) |
Holder of a waste to energy licence |
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5O |
Section 74ZH(1) (decision of Head, Recycling Victoria to disqualify a person from applying for a waste to energy licence) |
Person disqualified from applying for a waste to energy licence |
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5P |
Section 74ZI(3)(a) (decision of Head, Recycling Victoria to impose a condition on the transfer of a waste to energy licence) |
Applicant for transfer of a waste to energy licence |
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5Q |
Section 74ZI(3)(b) (decision of Head, Recycling Victoria to refuse to transfer a waste to energy licence) |
Applicant for transfer of a waste to energy licence |
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6 |
Section 99(3) (power of the Head, Recycling Victoria to refuse to approve a container as a suitable eligible container) |
Applicant for approval of a container as a suitable eligible container |
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7 |
Section 99(6) (power of the Head, Recycling Victoria to vary or revoke an approval of a suitable eligible container) |
Person adversely affected by the decision |
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8 |
Section 117 (power of the Head, Recycling Victoria to serve an information gathering notice) |
A person served with an information gathering notice |
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9 |
Section 125 (power of the Head, Recycling Victoria to issue an improvement notice) |
A person issued with an improvement notice |
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10 |
Section 127 (power of the Head, Recycling Victoria to issue a prohibition notice) |
A person issued with a prohibition notice |
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11 |
Section 171(1)(c) (things seized by authorised officers are forfeiture in certain circumstances) |
The owner of the seized thing |
(2) As soon as possible after making a reviewable decision, the decision maker must advise, in writing, the applicant and any other person who has made a written comment on the application of—
(a) the outcome of the application; and
(b) the right of an eligible person under section 45(1) of the Victorian Civil and Administrative Tribunal Act 1998 to request the decision maker to give a written statement of reasons for the decision; and
(c) the right of an eligible person to apply to VCAT for review of the decision.
(3) A failure of a decision maker to comply with subsection (2) does not affect the validity of the decision.