Any person whose interests are affected by EPA issuing a development licence or removing the suspension of an operating licence may make an application for review of the decision with the Victorian Civil and Administrative Tribunal (VCAT). 

There are several grounds on which an application for review of a decision can be made. These are set out in Section 434(3) of the Environment Protection Act 2017 (the Act) and includes:

• the decision unreasonably and adversely affects the financial, physical or personal interests of the applicant;
• the licence to which the decision relates authorises a licence activity that, if conducted in accordance with the licence, would lead to a contravention of the general environmental duty;
• the licence authorises a licence activity that, if conducted in accordance with the licence, would pose an unacceptable risk of harm to human health or the environment;
• any condition of the licence that specifies how a person is to comply with the general environmental duty when engaging in a licence activity is not sufficient to minimise the risks of harm to human health or the environment from pollution or waste to which the condition relates, so far as reasonably practicable.

An application for review of a decision must be lodged within 15 business days after the day on which EPA made its decision to:

• Registrar, Planning and Environment Division
  Victorian Civil and Administrative Tribunal (VCAT)
  7th Floor, 55 King Street, Melbourne

An application fee may be applicable when lodging an application for review of a decision with VCAT. Contact VCAT on 03 9628 9777 for further details on fees associated with an appeal.

The grounds on which the application is made must be stated. Refer to sections 431 and 434 of the Act for more information on making an application for review.

A copy of the appeal should also be forwarded, within seven days of lodgement at VCAT, to:

• Manager, Development Assessments Unit
  Environment Protection Authority Victoria
  GPO Box 4395, Melbourne 3001

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