Victorian Consolidated Legislation

Environment Protection Act 1970 - SECT 26N

Exemption

26N. Exemption



(1) A person who undertakes the scheduled activity may apply to the Authority
in the form approved by the Authority for an exemption wholly or partly from
the requirement to prepare an Environment and Resource Efficiency Plan under
section 26H.

(2) The Authority must within the prescribed period grant an exemption under
this section if the Authority is satisfied that the criteria and
considerations prescribed for the purposes of this section apply.

(3) The Authority must within the prescribed period advise the applicant in
writing-

   (a)  as to the decision of the Authority;

   (b)  if the Authority grants the exemption, as to the terms and conditions
        applying to the exemption;

   (c)  if the Authority refuses to grant the exemption, of the reasons for
        refusing to grant the exemption.

(4) If any of the criteria and considerations prescribed for the purposes of
this section ceases to apply, the Authority-

   (a)  may by notice in writing to the holder of the exemption revoke the
        exemption granted under this section;

   (b)  must specify in the notice-

   (i)  the reason for revoking the exemption; and

   (ii) a reasonable period of time within which the person must comply with
        this Division.

(5) If an exemption is revoked under subsection (4), the person who held the
exemption must comply with this Division within the period specified in the
notice under subsection (4).