57Amendment of licence or permit on application

57 Amendment of licence or permit on application (1) The holder of a licence or permit may apply for the amendment of the licence or permit. S. 57(3)(b) amended by No. 36/2022 s. 36(1). Note to s. 57(3)(b) inserted by No. 36/2022 s. 36(2). (4) On receiving an application under subsection (1), the Authority or council must— (a) refuse to amend the licence or permit; or (b) amend the licence or permit subject to any conditions that the Authority or council considers appropriate. S. 57(5) amended by No. 36/2022 s. 36(3). (5) Subject to section 51B, a decision under subsection (4) must be made within— (a) in the case of an application to amend a licence, 42 business days after receiving the application; or (b) in the case of an application to amend a permit made to the Authority— (c) in the case of an application to amend a permit made to a council, the prescribed period. (6) When determining whether to amend a licence or permit under this section, the Authority or council must take into account— (a) in the case of a development licence, the considerations set out in section 69(3); and (b) in the case of an operating licence, the considerations set out in section 74(3); and (c) in the case of a pilot project licence, the considerations set out in section 78(2); and (d) in the case of a permit, the considerations set out in section 81(3) and (4)(b) and (c). (7) The Authority must refuse to amend a licence under this section if— (a) the Authority considers that the activity specified in the licence as proposed to be amended poses an unacceptable risk of harm to human health or the environment; or (b) in the case of an operating licence, the Authority considers the activity specified in the licence as proposed to be amended to be a development activity and the holder of the operating licence does not hold a development licence in respect of the activity; or (8) The Authority or council must, as soon as practicable after making a decision under subsection (4), give the holder of the licence or permit written notice stating— (b) in the case of a decision to amend the licence or permit, the date on which the amendment takes effect; and (c) in the case of a decision to refuse to amend the licence or permit, or to amend the licence subject to conditions— (ii) that the holder of the licence or permit may apply to VCAT for review of the decision. S. 58 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).