ENVIRONMENT PROTECTION ACT 2017 - SECT 59 Surrender or revocation of permissions on application

ENVIRONMENT PROTECTION ACT 2017 - SECT 59

    (1)     The holder of a licence or permit may apply for consent to surrender the licence or permit.

    (2)     An application under subsection (1) must be made—

        (a)     in the case of a licence or permit issued by the Authority, to the Authority; or

        (b)     in the case of a permit issued by a council, to that council.

    (3)     An application under subsection (1) must—

        (a)     be made—

              (i)     in the case of an application made to the Authority, in a form and manner approved by the Authority; or

              (ii)     in the case of an application made to a council, in the prescribed form and manner; and

S. 59(3)(b) amended by No. 36/2022 s. 37(1).

        (b)     be accompanied by the prescribed fee (if any) for the application; and

        (c)     be accompanied by any information or thing required by the Authority or council.

S. 59(4) amended by No. 36/2022 s. 37(2).

    (4)     Subject to section 51B, the Authority or council must, within 20 business days after receiving an application under subsection (1)—

        (a)     consent to the surrender of the licence or permit subject to any conditions that the Authority or council considers appropriate; or

        (b)     refuse to consent to the surrender of the licence or permit.

    (5)     The Authority or council may refuse to consent to the surrender of a licence or permit if the Authority or council considers that the holder of the licence or permit has, when engaging in the licence activity or permit activity—

        (a)     contravened the general environmental duty or the duty imposed under section 39; or

        (b)     failed to comply with a condition of the licence or permit.

    (6)     The Authority or council must refuse to consent to the surrender of a licence or permit if the Authority or council considers that the holder of the licence or permit is continuing to engage in the licence activity or permit activity.

    (7)     The Authority or council must, as soon as practicable after making a decision under subsection (4), give the holder of the licence or permit written notice stating—

        (a)     the decision; and

        (b)     in the case of a decision to consent to the surrender of the licence or permit—

              (i)     the date on which the surrender takes effect; and

              (ii)     that the surrender does not take effect unless the holder of the licence or permit complies with any conditions to which the surrender is subject by that date; and

        (c)     in the case of a decision to refuse to consent to the surrender of the licence or permit—

              (i)     the reasons for the decision; and

              (ii)     that the holder of the licence or permit may apply to VCAT for review of the decision.

    (8)     The surrender of a licence or permit does not take effect unless the holder of the licence or permit has met any conditions imposed by the Authority or council on the surrender.

    (9)     The Authority or council must revoke the following permissions if the holder of the permission requests in writing that it be revoked—

        (a)     a registration;

        (b)     a licence or permit that specifies an activity prescribed for the purposes of this section.

    (10)     The Authority or council must give the holder of the permission written notice of a revocation under subsection (9).

S. 60 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12− 30, 3/2020 ss 42– 44, 47/2020 s. 26).