Victorian Consolidated Legislation

Environment Protection Act 1970 - SECT 20C

Consideration of policy

20C. Consideration of policy







(1) In this section-





authorisation means-

   (a)  a works approval;

   (b)  a licence;

   (ba) an accreditation;

   (c)  a research, development and demonstration approval;

   (d)  a permit to transport prescribed waste or prescribed industrial waste
        issued under Part IXA;

relevant offence means-

   (a)  an indictable offence;

   (b)  an offence committed outside Victoria that would have been an
        indictable offence if it had been committed in Victoria on the date it
        was committed;

   (c)  a summary offence under this Act, the Dangerous Goods Act 1985, the
        Occupational Health and Safety Act 2004 or the
        Equipment (Public Safety) Act 1994.

(2) In considering an application for the issue, transfer or amendment of an
authorisation, the Authority must have regard to policy so that the
authorisation and any condition in, or relating to, the authorisation is
consistent with all applicable policies.

(3) The Authority may refuse to issue, transfer or amend an authorisation-

   (a)  if, in the opinion of the Authority, the issue, transfer or amendment
        would-

   (i)  be contrary to, or inconsistent with, any applicable policy; or

   (ii) be likely to cause, or to contribute to, pollution; or

   (iii) be likely to cause an environmental hazard; or

   (b)  if the person applying for the issue or amendment, or in the case of a
        transfer, the person to whom the authorisation is to be transferred-

   (i)  has been found guilty of one or more relevant offences in the 10 years
        immediately before the date the Authority received the application;
        and

   (ii) as a result, the person is, in the opinion of the Authority, not a fit
        and proper person to hold the authorisation, or in the case of an
        application for amendment, to hold the authorisation in the amended
        form; or

   (c)  if the person applying for the issue, transfer or amendment is a
        corporation, and any director or person who is concerned in the
        management of the corporation-

   (i)  has been found guilty of one or more relevant offences in the 10 years
        immediately before the date the Authority received the application;
        and

   (ii) as a result, the director or other person is, in the opinion of the
        Authority, not a fit and proper person to be involved in a corporation
        holding the authorisation, or in the case of an application for
        amendment, holding the authorisation in the amended form.

(3A) Despite anything to the contrary in subsection (2) or (4), in issuing,
transferring or amending an authorisation, the Authority may impose conditions
in relation to the authorisation that require the observance of standards that
are more stringent than would be required by the applicable policy if the
Authority is satisfied that-

   (a)  local environment conditions require a higher level of protection than
        would otherwise be provided; or

   (b)  the pollution control technology or noise control technology required
        to achieve more stringent standards is commonly available in the
        industry.

(4) Where a policy is declared or varied the Authority shall within such
period of time as is reasonably practicable amend any licence which is in
force so that the licence and any conditions to which the licence is subject
are consistent with the policy.

(5) If the Authority amends a licence for the purposes of subsection (4) the
Authority must if requested allow the holder of the licence as a condition of
the licence a reasonable time within which to comply with the amendments.