Victorian Consolidated Legislation

Environment Protection Act 1970 - SECT 20A

Amendment of licence

20A. Amendment of licence



(1) The holder of a licence issued under section 20 may apply in writing to
the Authority for an amendment of the licence by-







   (a)  the revocation or amendment of any conditions to which the licence is
        subject; or



   (b)  the attachment of new conditions to the licence; or



   (c)  the addition of a scheduled premises.





(2) An application for the amendment of a licence under this section 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.

(3) The Authority shall not deal with an application under this section which-

   (a)  does not comply with subsection (2); or

   (b)  except as provided in subsection (5C) 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.

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

   (a)  refuse to amend the licence; or

   (b)  amend the licence subject to any conditions that the Authority
        considers appropriate.

(5) 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 amend the licence subject to such
conditions which are not inconsistent with any conditions specified in the
works approval as the Authority considers appropriate.

(5A) 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 (5) 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.

(5B) Unless an agreement is made under section 67A, if at the expiry of the
period of 45 days specified in subsection (5A) 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 (5A)(a) shall apply
accordingly.

(5C) 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 amend a licence by including in the
licence that part of the premises in which the works have been so completed.

(6) 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 a works approval 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 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 amends the
        licence;

   (ba) a responsible authority to which a copy of an application is referred
        under paragraph (a) 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
        objections or recommendations in relation to the application;

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

   (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
        any amendment of the licence;

   (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 paragraphs (c), (ca), (cb) and (cc);

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

   (iii) if the works are prohibited by a planning scheme, refuse to amend the
        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 6 months after receiving the
        application for the amendment of a licence refuse to amend the licence
        or amend the licence subject to such conditions, limitations and
        restrictions if any as the Authority considers appropriate; and

   (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, any amendment of the licence by the Authority under this
        section must be subject to a condition that the amendment does not
        take effect until it is endorsed by the responsible authority
        administering the planning scheme to the effect that a permit has been
        issued under the scheme for the works; and

   (h)  any amendment made to a licence in contravention of paragraph (d)(iii)
        or (g) is void.





(7) The Authority shall not deal with an application to which subsection (6)
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.

(8) If the Authority receives requests under subsection (6)(b)(v), the
Authority must notify the people and bodies who made the requests that it has
made an amendment to a licence by-





   (a)  sending notice of the amendment 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 amendment in a newspaper circulating
        generally throughout Victoria.