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ENVIRONMENT PROTECTION ACT 2017 - SECT 430

Decisions reviewable by VCAT

    (1)     The table to subsection (4) sets out—

        (a)     decisions made under this Act that are reviewable by VCAT in accordance with this Division ( reviewable decisions ); and

        (b)     persons who are eligible to apply for review of that reviewable decision (the eligible person in relation to the reviewable decision).

    (2)     A person who is liable to pay a fee under this Act—

        (a)     may apply to VCAT for review of the fee on the ground that the fee has been incorrectly calculated; and

        (b)     for the purposes of this Part is an eligible person in relation to that reviewable decision.

    (3)     To avoid doubt, sections 4 and 5 of the Victorian Civil and Administrative Tribunal Act 1998 apply for the purposes of this Part.

Note

Section 4 of the Victorian Civil and Administrative Tribunal Act 1998 sets out when a person makes a decision. Section 5 of that Act sets out when a person's interests are affected by a decision.

    (4)     An eligible person in relation to a reviewable decision is taken to be a person whose interests are affected by that decision for the purposes of the Victorian Civil and Administrative Tribunal Act 1998 .

S. 430(4) (Table) amended by No. 35/2023 s. 34.

Table


Item

Provision under which reviewable decision is made

Eligible person in relation to reviewable decision

1.

56(4)

Applicant for transfer

2.

57(4)

Holder of permission

3.

58(1)(c)

Holder of permission

4.

59(4)

Holder of permission

5.

60(1), (7)

Holder of permission

6.

61(1)

Holder of permission

7.

69(1)

Applicant for development licence

8.

74(1)

Applicant for operating licence

9.

76(3)

Holder of operating licence

10.

78(1)

Applicant for pilot project licence

11.

80(4)

Applicant for exemption

12.

81(1)(a) or (b)

Applicant for permit

13.

82(3)

Applicant for exemption

14.

83(3)

Applicant for exemption

15.

84(4)

Applicant for renewal

16.

90(3)

Applicant for authorisation

17.

90(4)(b)

Applicant for authorisation

18.

121(1), (8)

Person to whom waste abatement notice issued

18A.

121(6)

Person to whom notice under section 121(6) issued

19.

151(2)(b)

Liable person to whom notice of assessment issued

20.

172(1)

Person to whom residential noise improvement notice issued

21.

184(2)

Participant in better environment plan

22.

184(4)

Participant in better environment plan

23.

200(1), (2)

Environmental auditor whose appointment is suspended or revoked

24.

206(2)(b)

A person whose interests are directly affected by the endorsement or determination of scope of environmental audit

25.

208(5)(b)

A person whose interests are directly affected by the endorsement or determination of scope of environmental audit

26.

219(1)

Person required to provide financial assurance

27.

220(1)

Person required to provide financial assurance

28.

221(1)

Person required to provide financial assurance

29.

226(1)

Person who provided financial assurance

30.

227(2)

Person who provided financial assurance

30A.

231C

Person who provided financial assurance

30B.

231D

Person who provided financial assurance

30C.

231E

Person who provided financial assurance

30D.

231F

Person who provided financial assurance

30E.

231L

Person who provided financial assurance

31.

232(4)

Person who provided financial assurance

32.

265(1)(c)

Owner of forfeited thing

33.

271(1)

Person to whom improvement notice issued

34.

272(1)

Person to whom prohibition notice issued

35.

273(1)

Person to whom notice to investigate issued

36.

274(1)

Person to whom environmental action notice issued

37.

275(1)

Person on whom site management order is binding

38.

277(1)

Applicant for variation or revocation

39.

279(b)

Person to whom notice issued

40.

283(1)

Body corporate to which direction is given

41.

284(1)

Person to whom direction is given

42.

285(1)

Body corporate to which direction is given

43.

429(8), (11)

Applicant for stay of operation of reviewable decision

44.

458(1)(b), (c)

Agency designated to be responsible

S. 431 inserted by No. 39/2018 s. 18 (as amended by Nos 27/2019 ss 3240, 3/2020 ss 45, 46, 47/2020 s. 27).



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