434Application for review by third parties

434 Application for review by third parties (1) A person who is not an eligible person in relation to a reviewable decision specified in subsection (2) may, if the person's interests are affected by the decision, apply to VCAT for review of the decision within 15 business days after the day on which the decision was made. (2) The following reviewable decisions are specified for the purposes of subsection (1)— (a) the issue of a development licence; (b) the removal of the suspension of an operating licence. (3) An application under subsection (1) for the review of a decision may only be made on one or more of the following grounds— (a) the decision unreasonably and adversely affects the financial, physical or personal interests of the applicant; (b) 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; (c) 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; (d) 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. (4) Without limiting section 5 of the **Victorian Civil and Administrative Tribunal Act 1998**, VCAT may take into account the following matters when determining whether a person's interests are affected by a decision— (a) the principles of environment protection specified in Chapter 2 and the purposes of this Act; (b) the objective of the Authority specified in section 357; (c) the nature of the licence activity specified in the licence that is the subject of the decision; (d) the impact of the licence activity on human health and the environment; (e) whether the person has a genuine connection with the subject of the decision, including but not limited to whether the person made comments or submissions to the Authority in relation to the application for, or the review of, the licence that is the subject of the decision. (5) A 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. 435 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).