VICIn ForceAct
Environment Protection Act 2017
61Revocation of permission on Authority or council's initiative
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61 Revocation of permission on Authority or council's initiative
(1) The Authority or a council may revoke a permission issued or granted by it if—
(a) the Authority or council believes on reasonable grounds that the holder of the permission has contravened this Act or the regulations; or
(b) the Authority or council does not consider the holder of the permission to be a fit and proper person to engage in the permission activities; or
(c) the Authority or council believes on reasonable grounds that the holder of the permission has given materially incorrect or misleading information to the Authority or council or that the permission was obtained or renewed because of materially incorrect or misleading information; or
(d) the holder of the permission has not paid any fee payable under this Chapter in relation to the permission; or
(e) the Authority or council is satisfied of any prescribed matter.
(2) The Authority or a council may revoke a permission issued or granted by it if the Authority or council considers that the holder of the permission—
(a) is no longer required to hold the permission; or
(b) no longer engages in the permission activity.
(3) If the Authority or council proposes to revoke a permission under subsection (1), the Authority or council must give the holder of the permission written notice stating—
(a) that the Authority or council proposes to revoke the permission and the reasons for the proposed revocation; and
(b) that the holder may, within 10 business days after receiving the notice, make submissions to the Authority or council in relation to the proposed revocation.
(4) The Authority or council must consider any submission under subsection (3)(b) before deciding whether or not to revoke a permission under subsection (1).
(5) The Authority or council must, as soon as practicable after making a decision whether or not to revoke a permission under subsection (1), give the holder of the permission written notice stating—
(b) in the case of a decision to revoke the permission—
(ii) the date on which the revocation takes effect; and
(iii) that the holder may apply to VCAT for review of the decision to revoke the permission.
(6) The Authority or council must, as soon as practicable after making a decision to revoke a permission under subsection (2), give the holder of the permission written notice stating—
(b) the reasons for the decision; and
(c) the date on which the revocation takes effect.
S. 62 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).