Victorian Consolidated Legislation

Environment Protection Act 1970 - SECT 26L

Consideration of approval of Environment and Resource Efficiency Plan

26L. Consideration of approval of Environment and Resource Efficiency Plan



(1) The Authority must decide whether to approve an Environment and Resource
Efficiency Plan within the prescribed period and advise the person who
submitted the Environment and Resource Efficiency Plan in writing of the
decision within 14 days after making the decision.

(2) The Authority must approve the Environment and Resource Efficiency Plan if
the Authority is satisfied that the Environment and Resource Efficiency Plan
has been-

   (a)  prepared in accordance with section 26H; and

   (b)  submitted in accordance with section 26J.

(3) If the Authority is not satisfied as to the matters referred to in
subsection (2), the Authority must-

   (a)  refuse to approve the Environment and Resource Efficiency Plan; and

   (b)  specify the reasons for refusing to approve the Environment and
        Resource Efficiency Plan in the advice under subsection (1).

(4) If the Authority refuses to approve the Environment and Resource
Efficiency Plan, the Authority may by notice in writing advise the person who
submitted the Environment and Resource Efficiency Plan for approval-

   (a)  to re-submit the Environment and Resource Efficiency Plan for approval
        within a reasonable period of time as specified in the notice; and

   (b)  as to the nature of the changes that should be made to the Environment
        and Resource Efficiency Plan.

(5) If the Authority fails to comply with subsection (1), the Authority is to
be taken to have approved the Environment and Resource Efficiency Plan.