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Environment Protection Act 2017
430Decisions reviewable by VCAT
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430 Decisions reviewable by VCAT
(1) The table to subsection (4) sets out—
(a) decisions made under this Act that are reviewable by VCAT in accordance with this Division (***reviewable decisions***); and
(b) persons who are eligible to apply for review of that reviewable decision (the ***eligible person*** in relation to the reviewable decision).
(2) A person who is liable to pay a fee under this Act—
(a) may apply to VCAT for review of the fee on the ground that the fee has been incorrectly calculated; and
(b) for the purposes of this Part is an eligible person in relation to that reviewable decision.
(3) To avoid doubt, sections 4 and 5 of the **Victorian Civil and Administrative Tribunal Act 1998** apply for the purposes of this Part.
Section 4 of the **Victorian Civil and Administrative Tribunal Act 1998** sets out when a person makes a decision. Section 5 of that Act sets out when a person's interests are affected by a decision.
(4) An eligible person in relation to a reviewable decision is taken to be a person whose interests are affected by that decision for the purposes of the **Victorian Civil and Administrative Tribunal Act 1998**.
S. 430(4) (Table) amended by No. 35/2023 s. 34.
| *Item* | *Provision under which reviewable decision is made* | *Eligible person in relation to reviewable decision* |
| --- | --- | --- |
| 1. | 56(4) | Applicant for transfer |
| 2. | 57(4) | Holder of permission |
| 3. | 58(1)(c) | Holder of permission |
| 4. | 59(4) | Holder of permission |
| 5. | 60(1), (7) | Holder of permission |
| 6. | 61(1) | Holder of permission |
| 7. | 69(1) | Applicant for development licence |
| 8. | 74(1) | Applicant for operating licence |
| 9. | 76(3) | Holder of operating licence |
| 10. | 78(1) | Applicant for pilot project licence |
| 11. | 80(4) | Applicant for exemption |
| 12. | 81(1)(a) or (b) | Applicant for permit |
| 13. | 82(3) | Applicant for exemption |
| 14. | 83(3) | Applicant for exemption |
| 15. | 84(4) | Applicant for renewal |
| 16. | 90(3) | Applicant for authorisation |
| 17. | 90(4)(b) | Applicant for authorisation |
| 18. | 121(1), (8) | Person to whom waste abatement notice issued |
| 18A. | 121(6) | Person to whom notice under section 121(6) issued |
| 19. | 151(2)(b) | Liable person to whom notice of assessment issued |
| 20. | 172(1) | Person to whom residential noise improvement notice issued |
| 21. | 184(2) | Participant in better environment plan |
| 22. | 184(4) | Participant in better environment plan |
| 23. | 200(1), (2) | Environmental auditor whose appointment is suspended or revoked |
| 24. | 206(2)(b) | A person whose interests are directly affected by the endorsement or determination of scope of environmental audit |
| 25. | 208(5)(b) | A person whose interests are directly affected by the endorsement or determination of scope of environmental audit |
| 26. | 219(1) | Person required to provide financial assurance |
| 27. | 220(1) | Person required to provide financial assurance |
| 28. | 221(1) | Person required to provide financial assurance |
| 29. | 226(1) | Person who provided financial assurance |
| 30. | 227(2) | Person who provided financial assurance |
| 30A. | 231C | Person who provided financial assurance |
| 30B. | 231D | Person who provided financial assurance |
| 30C. | 231E | Person who provided financial assurance |
| 30D. | 231F | Person who provided financial assurance |
| 30E. | 231L | Person who provided financial assurance |
| 31. | 232(4) | Person who provided financial assurance |
| 32. | 265(1)(c) | Owner of forfeited thing |
| 33. | 271(1) | Person to whom improvement notice issued |
| 34. | 272(1) | Person to whom prohibition notice issued |
| 35. | 273(1) | Person to whom notice to investigate issued |
| 36. | 274(1) | Person to whom environmental action notice issued |
| 37. | 275(1) | Person on whom site management order is binding |
| 38. | 277(1) | Applicant for variation or revocation |
| 39. | 279(b) | Person to whom notice issued |
| 40. | 283(1) | Body corporate to which direction is given |
| 41. | 284(1) | Person to whom direction is given |
| 42. | 285(1) | Body corporate to which direction is given |
| 43. | 429(8), (11) | Applicant for stay of operation of reviewable decision |
| 44. | 458(1)(b), (c) | Agency designated to be responsible |
S. 431 inserted by No. 39/2018 s. 18 (as amended by Nos 27/2019 ss 32−40, 3/2020 ss 45, 46, 47/2020 s. 27).