VICIn ForceAct
Environment Protection Act 2017
231MExtension of time
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231M Extension of time
(1) The Authority may—
(a) reach an agreement with the person who provided the financial assurance to—
(i) extend a period specified in section 231B(1), 231H(1), 231L(1) or 232(5); or
(ii) select a new date by which the Authority will commence a review of a refusal to release all or part of a financial assurance under section 231C, 231D, 231E, 231F, 231L or 232(4)(a) (if the refusal relates to an application that was made after a trigger event and that was assessed under section 232(2A) or (2B)); or
(b) apply to VCAT for—
(i) an extension of a period specified in section 231B(1), 231H(1), 231L(1) or 232(5); or
(ii) the determination of a new date by which the Authority will commence a review of a refusal to release all or part of a financial assurance under section 231C, 231D, 231E, 231F, 231L or 232(4)(a) (if the refusal relates to an application that was made after a trigger event and that was assessed under section 232(2A) or (2B)).
(2) On an application under subsection (1)(b), VCAT, as the case requires—
(a) may refuse to grant the extension or make the determination; or
(b) may—
(i) grant an extension for any period that VCAT considers reasonable in the circumstances; or
(ii) determine a new date that VCAT considers reasonable in the circumstances.
(3) If VCAT refuses to grant the Authority's application—
(a) in relation to the period specified in section 231B(1), 231H(1), 231L(1) or 232(5), the Authority must make the decision under that section within the later of the following—
(i) the period specified in that section;
(ii) 20 business days after VCAT's decision; or
(b) in relation to the date by which the Authority will commence a review of a refusal the Authority must comply with the date determined under section 231I—
unless a stay is granted under section 149 of the **Victorian Civil and Administrative Tribunal Act 1998** to allow the Authority to appeal to the Supreme Court.
S. 231N inserted by No. 35/2023 s. 32.