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ENVIRONMENT PROTECTION ACT 1970 - SECT 20

Licensing of certain premises

S. 20(1) substituted by No. 61/2006 s. 8(1).

    (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.

S. 20(2) repealed by No. 61/2006 s. 8(1).

    *     *     *     *     *

S. 20(3) repealed by No. 10261 s. 8(3).

    *     *     *     *     *

S. 20(3A) inserted by No. 10261 s. 9(1), repealed by No. 61/2006 s. 8(1).

    *     *     *     *     *

S. 20(3B) inserted by No. 86/1990 s. 4(b), repealed by No. 61/2006 s. 8(1).

    *     *     *     *     *

    (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

S. 20(5)(b) amended by No. 22/1987 s. 8(a).

        (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.

S. 20(6) amended by No. 22/1987 s. 9(a).

    (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

S. 20(6)(b) amended by No. 87/1989 s. 14(a).

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

S. 20(7) amended by No. 87/1989 s. 14(a).

    (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.

S. 20(7C) inserted by No. 22/1987 s. 8(b), amended by No. 87/1989 s. 14(a).

    (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

S. 20(8)(a)(ii) amended by Nos 10262 s. 4, 46/1998
s. 7(Sch. 1), 11/2002 s. 3(Sch. 1 item 22), 29/2010 s. 39.

              (ii)     the Secretary to the Department of Health; and

S. 20(8)(a)(iii) inserted by No. 45/1987 s. 205(Sch. item 21(a)).

              (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

S. 20(8)(b)(v) amended by Nos 22/1987 s. 7(c)(i)(ii), 87/1989 s. 11(2)(a)(i)(ii).

              (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;

S. 20(8)(ba) inserted by No. 45/1987 s. 205(Sch. item 21(b)).

        (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;

S. 20(8)(c) amended by Nos 10262 s. 4, 46/1998
s. 7(Sch. 1), 11/2002 s. 3(Sch. 1 item 22), 29/2010 s. 39.

        (c)     the Secretary to the Department of Health 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;

S. 20(8)(ca) inserted by No. 45/1987 s. 205(Sch. item 21(c)).

        (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;

S. 20(8)(cb) inserted by No. 45/1987 s. 205(Sch. item 21(c)).

        (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;

S. 20(8)(cc) inserted by No. 45/1987 s. 205(Sch. item 21(c)).

        (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—

S. 20(8)(d)(i) substituted by No. 45/1987 s. 205(Sch. item 21(d)).

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

S. 20(8)(d)(ii) amended by Nos 10262 s. 4, 46/1998
s. 7(Sch. 1), 11/2002 s. 3(Sch. 1 item 22), 29/2010 s. 39.

              (ii)     where the Secretary to the Department of Health 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

S. 20(8)(d)(iii) inserted by No. 45/1987 s. 205(Sch. item 21(d)).

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

S. 20(8)(e) amended by No. 45/1987 s. 205(Sch. item 21(e)).

        (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;

S. 20(8)(g) inserted by No. 45/1987 s. 205(Sch. item 21(f)), amended by No. 87/1989 s. 15(a).

        (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

S. 20(8)(h) inserted by No. 45/1987 s. 205(Sch. item 21(f)).

        (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.

S. 20(8B) inserted by No. 22/1987 s. 7(d), substituted by No. 87/1989 s. 11(2)(b), amended by No. 61/2006 s. 8(2).

    (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.

S. 20(8C) inserted by No. 22/1987 s. 9(b).

    (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

S. 20(9)(a) amended by Nos 87/1989 s. 7(c), 61/2006 s. 8(3)(a).

        (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;

S. 20(9)(a)(ii) amended by No. 87/1989 s. 14(c) (as amended by No. 86/1990 s. 13(2)(d)).

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

S. 20(9)(a)(iii) amended by No. 10261 s. 9(2).

              (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;

S. 20(9)(a)(iv) amended by No. 10261 s. 9(3), substituted by No. 61/2006 s. 8(3)(b).

              (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;

S. 20(9)(b) amended by No. 87/1989 ss 10(c), 14(b).

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

S. 20(9)(c) amended by No. 87/1989 s. 14(c).

        (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.

S. 20(11) inserted by No. 87/1989 s. 15(b).

    (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.

S. 20(11A) inserted by No. 61/2006 s. 8(4).

    (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.

S. 20(12) inserted by No. 87/1989 s. 15(b), amended by No. 61/2006 s. 8(5).

    (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.

S. 20(13) inserted by No. 87/1989 s. 15(b).

    (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.

S. 20A inserted by No. 9098 s. 9(2), substituted by No. 10092 s. 9(1) (as amended by No. 10160 s. 6(e)–(h)), amended by No. 87/1989 s. 14(c).



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