Victorian Consolidated Legislation

Environment Protection Act 1970 - SECT 19B

Works approval

19B. Works approval



(1) An application for a works approval shall be-

   (a)  made in accordance with a form and in a manner approved by the
        Authority;

   (b)  forwarded with the prescribed fee; and

   (c)  accompanied by such plans, specifications and other information and a
        summary thereof as may be required by the Authority within 21 days of
        receiving the initial application.

(2) The Authority shall not deal with an application which does not comply
with subsection (1) and shall advise the applicant that the application does
not comply with subsection (1).

(3) The Authority shall upon receiving an application for a works approval-

   (a)  refer a copy of the application and a copy or summary of the
        accompanying plans, specifications and other information to-

   (i)  any protection agency which the Authority considers may be directly
        affected by the application; and

   (ii) the Secretary to the Department of Human Services; and



   (iii) any responsible authority under the Planning and Environment Act 1987
        administering a planning scheme applying to the land for which the
        application for works approval is made; and

   (iv) the Minister administering the
        Mineral Resources (Sustainable Development) Act 1990, if the
        application relates to exploration for minerals or mining; and



   (b)  publish in a newspaper circulating generally throughout Victoria
        notice-

   (i)  that the Authority has received an application for a works approval;

   (ii) of the place or places at which a copy or a summary of the application
        and a copy or summary of the accompanying plans, specifications and
        other information may be examined;

   (iii) that any person or body interested in the application may request and
        upon payment of the prescribed fee shall receive from the Authority a
        summary of the application and the accompanying plans, specifications
        and other information;

   (iv) that any person or body interested in the application may within 21
        days of the publication of the notice comment in writing on the
        application; and

   (v)  that any person or body interested in the application may ask the
        Authority in writing to be notified if the Authority issues a works
        approval.

(3A) A responsible authority to which a copy of an application is referred
under subsection (3) must make a copy of the application and a copy of all
accompanying documents available at its office for any person to inspect free
of charge.

(3B) If an application for a works approval is to be jointly advertised under
section 20AA with a notice relating to the same proposal under the
Environment Effects Act 1978 this section applies as if-

   (a)  in subsection (3)(b) for subparagraphs (iv) and (v) there were
        substituted the following subparagraph-



"(iv) that comments by any person or body interested in the application must
be made as a submission on the environment effects statement or be included in
any submission on the environment effects statement;";

   (b)  subsections (6) and (6A) were repealed.

(4) The Secretary to the Department of Human Services and any protection
agency to which a copy of an application for a works approval has been
referred under subsection (3)(a) may within 21 days from the day upon which
the copy was sent submit a written report to the Authority which may include
any objections or recommendations in relation to the application.

(4A) A responsible authority to which a copy of an application for a works
approval has been referred under subsection (3)(a)-

   (a)  must tell the Authority in writing within 21 days after the day on
        which the copy was sent whether-

   (i)  the proposed works are allowed by the planning scheme with or without
        conditions;

   (ii) a permit is required under the Planning and Environment Act 1987 for
        the proposed works;

   (iii) a permit has been issued under the Planning and Environment Act 1987
        for the proposed works;

   (iv) the responsible authority is considering an application for a permit
        under the Planning and Environment Act 1987 for the proposed works;

   (v)  the proposed works are prohibited by the planning scheme; and

   (b)  may tell the Authority in writing within 45 days after the day on
        which the copy was sent whether it supports, does not object or
        objects to the application; and

   (c)  may ask the Authority in writing within 45 days after the day on which
        the copy was sent to include specified conditions in the works
        approval if it is issued.

(4B) The responsible authority must give the Authority a copy of any permit
issued under the Planning and Environment Act 1987 for the proposed works.

(4C) The Minister administering the
Mineral Resources (Sustainable Development) Act 1990 must advise the Authority
within 21 days after he or she receives a copy of an application under
subsection (3)(a)(iv)-

   (a)  whether the proposed works are prohibited by the planning scheme; and

   (b)  if so, whether an amendment to the planning scheme is to be prepared
        to allow the proposed works to proceed.

(5) The Authority shall-

   (a)  take into account any replies, reports, comments and information
        received under subsection (4), (4A) or (4B); and

   (b)  where the Secretary to the Department of Human Services submits a
        written report objecting to the issue of a works approval on the
        ground that the public health is likely to be endangered if a works
        approval is issued, refuse to issue a works approval; and

   (c)  if the proposed works are prohibited by a planning scheme, refuse to
        issue a works approval, unless the Authority has been advised under
        subsection (4C)(b) that an amendment to the planning scheme is to be
        prepared.

(5A) The Authority may issue a works approval for proposed mining or
exploration works that will require an amendment to the planning scheme on the
condition that the works approval does not take effect until the Minister or
the planning authority approves the required amendment.





(6) At the expiration of 21 days from the publication of a notice under
subsection (3) the Authority may if any written comments have been received
from any person or body interested in the application in accordance with
subsection (3)(b)(iv) hold a conference in accordance with section 20B.

(6A) If the Authority receives requests under subsection (3)(b)(v), the
Authority must notify the people and bodies who made the requests that it has
issued a works approval by-

   (a)  sending notice of the issue to each person and body who made a request
        (or if a request is made by a number of people or bodies jointly, to a
        representative of those people or bodies); or

   (b)  publishing notice of the issue in a newspaper circulating generally
        throughout Victoria.

(7) The Authority shall not later than 4 months after receiving an application
for a works approval-

   (a)  refuse to issue a works approval; or

   (b)  issue a works approval subject to such conditions as the Authority
        considers appropriate and which conditions shall be specified in the
        works approval.

(7A) If a planning scheme requires a permit to be obtained under the
Planning and Environment Act 1987 for the proposed works and a permit has not
been issued, any works approval issued by the Authority for the proposed works
must be issued subject to a condition that the approval does not take effect
until a copy of the permit is served on the Authority by the applicant.

(7B) Any works approval issued in contravention of subsection (5)(c) or (7A)
is void.



(8) The occupier of any premises who contravenes any conditions specified in a
works approval shall be guilty of an indictable offence against this Act and
liable to a penalty of not more than 2400 penalty units.