VICIn ForceAct
Environment Protection Act 2017
431Applications for review by VCAT
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431 Applications for review by VCAT
(1) An eligible person may apply to VCAT for review of a reviewable decision within 15 business days after—
(a) the day on which the decision first came to the eligible person's notice; or
(b) if the decision is reviewed by the Authority under section 429, the day on which the Authority makes a decision under section 429(4).
(2) If an eligible person may apply under section 429 to the Authority for review of a reviewable decision—
(a) the eligible person may not apply to VCAT under subsection (1) for a review of that decision unless the decision is first reviewed under section 429; and
(b) the decision on review under section 429(4) is taken to be the reviewable decision.
(3) An eligible person may not apply to VCAT under subsection (1) for the review of the decision to issue a development licence—
(a) if the application for the licence specifies an activity that is works to which the **Environment Effects Act 1978** applies—
(i) the notice of the application for the licence under section 52 is combined with any notice under the **Environment Effects Act 1978** in accordance with section 70; and
(ii) the licence is substantially in accordance with the assessment, by the Minister administering that Act, of the Environment Effects Statement prepared under that Act for those works; or
(b) if the application for the licence specifies an activity that requires a planning permit or the preparation of an amendment to a planning scheme under the **Planning and Environment Act 1987**—
(i) the notice of the application for the licence under section 52 is combined with any notice under the **Planning and Environment Act 1987** in accordance with section 70; and
(ii) a panel has been appointed under that Act to hear the application or amendment; and
(iii) the licence is substantially in accordance with the application or amendment as heard by the panel.
S. 432 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).