The Environment Protection Authority (“EPA”) is designated as a referral authority in the State Section of the planning scheme for Victoria. Applications for planning permits for developments that require works approval must be referred to the EPA by the responsible authority. The responsible authority must refuse to grant a permit is the EPA opposes the permit, and the responsible authority must also impose such special conditions as may be stipulated by the EPA.
It is a common special condition of a planning permit that a development comply with the conditions of an EPA works approval. In this case, the stronger public enforcement rights under the Planning and Environment Act 1987 (Vic) may be used to enforce the conditions of a works approval.