High Bar For Environmental Groups Seeking Third Party Review Of EPA Works Approval Decisions

Key Point

• Only financial, physical or other like personal interests will be relevant.

A recent decision of the Victorian Supreme Court, Thirteenth Beach Coast Watch Inc v The Environment Protection Authority and Plenary Environment (Barwon) Pty Ltd [2009] VSC 53, places an onerous burden on environmental groups seeking to review decisions of the Environment Protection Authority to grant a works approval under the Environment Protection Act 1970 (Vic).

The case centred on the proper interpretation of the provisions of section 33B(2) outlining third party rights of review in respect of works approval decisions made under the Act. In this matter Clayton Utz represented the proponent, Plenary Environment (Barwon) Pty Ltd, in both the VCAT and Supreme Court proceedings.