Amendment of permission on initiative of Authority or council
58 Amendment of permission on initiative of Authority or council
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).
The Authority or a council may amend, on its own initiative, a permission issued or granted by it—
to correct any administrative or clerical errors in the permission; or
to make an amendment required under the regulations; or
in the case of a licence or a permit, to revoke or amend a condition of the licence or permit or to impose a new condition on the licence or permit; or
in the case of a registration, to modify the application of the standard conditions to the registration.
When determining whether to amend a licence or permit under subsection (1)(c), the Authority or council must take into account—
in the case of a development licence, the considerations set out in section 69(3); and
in the case of an operating licence, the considerations set out in section 74(3); and
in the case of a pilot project licence, the considerations set out in section 78(2); and
in the case of a permit, the considerations set out in section 81(3) and (4)(b) and (c).
The Authority or council must, as soon as practicable after amending a permission under this section, give the permission holder written notice stating—
the amendment and the reasons for the amendment; and
the date on which the amendment takes effect; and
in the case of an amendment made under subsection (1)(c), that the holder of the licence or permit may apply to VCAT for review of the decision.
This provision refers to the regulations (the regulations
). Made under this Act:
- Environment Protection Further Revocation Regulations 2021 · under section 465
- Environment Protection Regulations 2021 · under section 465
This Act’s bill:Explanatory memorandumSecond reading speech
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