Victorian Consolidated Legislation

Environment Protection Act 1970 - SECT 19C

Power of Authority to amend works approval

19C. Power of Authority to amend works approval





(1) Subject to subsections (2) and (3) the Authority may by notice in writing
amend any works approval-

   (a)  by revoking or amending any condition specified in a works approval;
        or

   (b)  by inserting a new condition in a works approval.

(2) The Authority may only amend a works approval other than a works approval
issued in respect of a scheduled premises used for the reprocessing,
treatment, storage, containment, disposal or handling of prescribed industrial
waste, or of substances which are a danger or potential danger to the quality
of the environment or any segment of the environment under subsection (1) if
the Authority is satisfied that the amendment will not result in a discharge,
emission or deposit of waste which by reason of volume, location, constituency
or manner-

   (a)  affects adversely to a substantial degree the quality of any segment
        or element of the environment; or

   (b)  affects adversely to a substantial degree the interests of any person
        other than the holder of the works approval.

(3) The Authority may only amend a works approval issued in respect of a
scheduled premises used for the reprocessing, treatment, storage, containment,
disposal or handling of prescribed industrial waste, or of substances which
are a danger or potential danger to the quality of the environment or any
segment of the environment under subsection (1) if the Authority is satisfied
that the amendment will not result in the reprocessing, treatment, storage,
containment, disposal or handling of prescribed industrial waste, or of
substances which are a danger or potential danger to the quality of the
environment or any segment of the environment, which by reason of volume,
location, constituency or manner-

   (a)  is or are likely to cause an environmental hazard; or

   (b)  affect adversely to a substantial degree the interests of any person
        other than the holder of the works approval.

(4) An amendment of a works approval made before the commencement of section 6
of the Environment Protection (Amendment) Act 2006 continues to have the same
force and effect as it would have had if that section had not come into
operation.