Victorian Consolidated Legislation

Environment Protection Act 1970 - SECT 20

Licensing of certain premises

20. Licensing of certain premises











(1) The occupier of a scheduled premises must not undertake at those premises-

   (a)  the discharge, emission or deposit of waste to the environment; or

   (b)  the reprocessing, treatment, storage, containment, disposal or
        handling of waste; or



   (c)  the reprocessing, treatment, storage, containment, disposal or
        handling of substances which are a danger or potential danger to the
        quality of the environment or any segment of the environment; or

   (d)  an activity which creates a state of potential danger to the quality
        of the environment or any segment of the environment-

unless licensed to do so under this Act.

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(4) An application for a licence under this section shall be-

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

   (b)  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.

(5) The Authority shall not deal with an application which-

   (a)  does not comply with subsection (4); or

   (b)  except as provided in subsection (7C) relates to a matter in respect
        of which-

   (i)  a works approval has been obtained and, in the opinion of the
        Authority, the works have not been satisfactorily completed in
        accordance with that works approval; or

   (ii) a works approval is required to be obtained and has not been obtained
        and the works have not been completed or substantially completed- and
        shall advise the applicant accordingly.

(6) Where the Authority receives an application under this section which
relates to a matter in respect of which a works approval is not required
except an application referred to in subsection (8C), the Authority shall not
later than 60 days after receiving the application-

   (a)  refuse to issue a licence; or

   (b)  issue a licence subject to such conditions as the Authority considers
        appropriate.



(7) Where the Authority receives an application under this section which
relates to a matter in respect of which a works approval has been obtained
and, in the opinion of the Authority, the works have been satisfactorily
completed in accordance with the works approval the Authority shall not later
than 21 days after receiving the application issue a licence subject to such
conditions which are not inconsistent with any conditions specified in the
works approval as the Authority considers appropriate.

(7A) Where the Authority receives an application following the issue of a
works approval and the applicant subsequently notifies the Authority that the
works have been satisfactorily completed in accordance with the works
approval, the Authority shall not later than 45 days after being notified
satisfy itself as to whether or not the works have been satisfactorily
completed in accordance with the works approval and-

   (a)  if the Authority is satisfied that the works have been satisfactorily
        completed, subsection (7) shall be deemed to apply to the application
        and the Authority shall be deemed to have received the application on
        the day on which it became so satisfied; or

   (b)  if the Authority is not satisfied that the works have been
        satisfactorily completed, the Authority shall advise the applicant
        accordingly.

(7B) Unless an agreement is made under section 67A, if at the expiry of the
period of 45 days specified in subsection (7A) the Authority has not made a
decision as to whether or not the works have been satisfactorily completed,
the Authority shall upon that expiry be deemed to be satisfied that the works
have been satisfactorily completed and subsection (7A)(a) shall apply
accordingly.

(7C) If a works approval has been obtained in respect of any premises, but
only part of the works has been satisfactorily completed in accordance with
the works approval, the Authority may issue a licence subject to any
conditions that are not inconsistent with any conditions specified in the
works approval that the Authority considers appropriate in respect of that
part of the premises in which the works have been so completed.

(8) Where the Authority receives an application under this section which
relates to a matter in respect of which a works approval was required to be
obtained and has not been obtained and the works have been completed or
substantially completed the following provisions shall apply-

   (a)  the Authority shall 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 is made;

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

   (i)  that the Authority has received an application to which this
        subsection applies;

   (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 that
        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 licence;

   (ba) a responsible authority to which a copy of an application has been
        referred under paragraph (a) of this subsection 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;

   (c)  the Secretary to the Department of Human Services and any protection
        agency to which a copy of an application has been referred under this
        subsection may within 21 days from the day upon which the copy was
        sent submit a written report to the Authority which may include any
        objection or recommendations in relation to the application;

   (ca) a responsible authority to which a copy of an application has been
        referred under paragraph (a) of this subsection must tell the
        Authority in writing within 21 days after the day on which the copy
        was sent whether-

   (i)  the 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 works;

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

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

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

   (cb) the responsible authority may also-

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

   (ii) ask the Authority in writing within 45 days after the day on which the
        copy of the application was sent to include specified conditions in
        the licence if it is issued;

   (cc) the responsible authority must give the Authority a copy of any permit
        issued under the Planning and Environment Act 1987 for the works;



   (d)  the Authority shall-

   (i)  take into account any replies, reports, comments and information
        received under paragraph (c), (ca), (cb) or (cc); and

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

   (iii) if the works are prohibited by a planning scheme, refuse to issue a
        licence;

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

   (f)  the Authority shall not later than six months after receiving the
        application for a licence issue or refuse to issue a licence;

   (g)  if a planning scheme requires a permit to be obtained under the
        Planning and Environment Act 1987 for the works and a permit has not
        been issued, a licence issued by the Authority under this subsection
        must be issued subject to a condition that the licence does not take
        effect until a copy of the permit is served on the Authority by the
        applicant; and

   (h)  any licence issued in contravention of paragraph (d)(iii) or (g) is
        void.





(8A) The Authority shall not deal with an application to which subsection (8)
applies unless the applicant forwards to the Authority the fee which the
Authority assesses to be the fee that would have been payable had the
applicant applied for a works approval as required by section 19A.

(8B) If the Authority receives requests under subsection (8)(b)(v), the
Authority must notify the people and bodies who made the requests that it has
issued a licence 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.

(8C) Subsections (8) and (8B) with any necessary modifications apply to any
application under this section for a licence-

   (a)  in respect of premises which before 1 January 1985 were exempt from
        the requirement to hold a licence; and

   (b)  which relates to a matter for which works approval is not required.







(9) During the currency of a licence the Authority may by notice in writing
served upon the holder of a licence-

   (a)  revoke or suspend the licence as it relates to a scheduled premises
        where-

   (i)  the Authority is satisfied that there has been a contravention of any
        of the conditions subject to which a works approval was issued to the
        holder of the licence;

   (ii) the Authority is satisfied that there has been a contravention of any
        of the conditions to which the licence is subject;

   (iii) a discharge, emission or deposit of waste or any category, type or
        volume of prescribed industrial waste is exempted by the regulations
        from requiring a licence under this section;

   (iv) the licence holder has ceased to-

                (A)  discharge, emit or deposit any waste to the environment;
                     or

                (B)  use the premises for the reprocessing, treatment,
                     storage, containment, disposal or handling of waste; or

                (C)  use the premises for the reprocessing, treatment,
                     storage, containment, disposal or handling of substances
                     which are a danger or a potential danger to the quality
                     of the environment or any segment of the environment; or

                (D)  undertake any activity which creates a state of potential
                     danger to the quality of the environment or any segment
                     of the environment;

   (v)  the current business address of the licence holder is unknown; or

   (vi) the annual licence fee has not been paid;

   (b)  revoke or amend any condition to which the licence is subject; or



   (c)  attach new conditions to the licence.





(9A) A notice under subsection (9)(a)(vi) may provide that if the annual
licence fee is paid within such further period as is specified in the notice
the notice shall not operate to revoke or suspend the licence.

(10) During the currency of a licence the Authority may by notice in writing
served upon the holder of a licence-

   (a)  correct any-

   (i)  clerical mistake or unintentional error or omission;

   (ii) figure or figures that have been miscalculated;

   (iii) misdescription of any person, thing or property referred to- in a
        licence;

   (b)  make an administrative change to the format of a licence which does
        not alter the obligations of the licence holder;

   (c)  delete any discharge point which is no longer in use; or

   (d)  make any amendment to a licence as a result of an exemption under the
        regulations.

(11) If there are 2 or more licences under this section in respect of the same
premises, the Authority may-

   (a)  amalgamate the licences into one licence; and

   (b)  revoke the original licences.

(11A) If a licence holder holds 2 or more licences under this section, the
Authority may on the application of the licence holder-

   (a)  amalgamate the licences into one licence; and

   (b)  revoke the original licences.

(12) The date on which licences are amalgamated is deemed, for the purposes of
section 24(1), to be the date on which the amalgamated licence was issued.



(13) If a licence is amalgamated before the anniversary of the day on which it
was originally issued, the part of the fee which was paid for the licence
which relates to the period between the amalgamation date and the anniversary
of the day on which it was originally issued is to be credited towards the
licence fees which become due and payable on the amalgamation date.