Environment Protection Act 2017

This section applies to the following—

any application for a permission in relation to a waste management facility;

any application to amend a permission in relation to a waste management facility.

The Authority may refuse an application, or refuse to consider an application, if it appears that the operations of the waste management facility may be inconsistent with a Victorian Recycling Infrastructure Plan made under Part 2A of the Circular Economy (Waste Reduction and Recycling) Act 2021.

The Authority may refuse an application, or refuse to consider an application, if the application proposes the expansion of an existing landfill site and it appears that—

the operations of the landfill site as so expanded may be inconsistent with a Victorian Recycling Infrastructure Plan that is in effect; or

the proposed expansion may be inconsistent with the schedule of landfill sites in a Victorian Recycling Infrastructure Plan that is in effect.

Subject to subsection (5), the Authority must refuse to consider an application that proposes a new landfill site if the proposed site is not a future landfill site included in the schedule of landfill sites in a Victorian Recycling Infrastructure Plan that is in effect.

The Authority must not refuse to consider an application under subsection (4) if—

the proposed site is privately owned; and

the Authority is satisfied that the site will only receive waste consisting of substances that were owned by the owner of the site before the substances became waste.

The Authority must give reasons in writing to any person whose application is not considered or is refused under this section.