Applying for a licence

The EPA negotiates conditions through a licence to regulate activities that have the potential to harm the environment. Any person or company undertaking these types of activities may need an EPA licence, as required by the Environment Protection Act 1993.

The term of a licence is generally five years, but can typically vary from one to 10 years based on the EPA’s assessment of the risk or duration of the activity.

If your business discharges emissions to the air or water, is odorous or noisy then you should check whether an EPA licence is required.

Schedule 1 of the Environment Protection Act 1993 sets out a list of activities that may require a licence. You can find out by either contacting the EPA or the planning department of your local council.

Many activities in Schedule 1 of the Act specify a threshold at or below which a licence is not needed and above which a licence is needed. For example, if you wish to operate a brewery that has the capacity to produce more that 5,000 litres per day then you would need an environmental licence.

The EPA can provide advice to businesses and organisations if you are unsure whether you need an environmental licence.

It is the responsibility of a person or company to determine if they require a licence. It is serious offence to undertake a prescribed activity without a licence and could result in a maximum fine of $120,000.

Limited purpose applications

There are certain activities within the Schedules (eg operation of a waste or recycling depot, production of ‘listed waste’ or railway systems) that the EPA considers are for such limited purposes. This means the risk from such activities is sufficiently low so as not to need a licence. For more information see limited purpose applications.

In simple terms, a licence is an enforceable agreement between the EPA and the licensee that sets out the minimum acceptable environmental standards to which the licensee must perform.

For best practice regulation, a risk-based approach is required when setting licence conditions. Subsequently, environmental licences are unique and may be developed to focus on any or all of the following objectives:

• documentation of the requirements of a licensee under existing regulations
• facilitating, through compliance with regulations, the attainment of environmental performance standards of the licensee
• facilitating the alignment of the behaviour of the licensee with the core environmental objectives of required under the Environment Protection Act 1993 and related policies

The Act also requires that all reasonable and practical measures are taken to protect, restore and enhance the quality of the environment, including requiring persons engaged in polluting activities to progressively make environmental improvements. This will affect how the minimum acceptable standards are determined and reflected in licences.

You need to consider whether development consent is necessary for the prescribed activity prior to applying for a licence at a fixed site. Your local council or, if necessary, Dept of Planning, Transport & Infrastructure can help you decide whether development consent is required.

If you require development consent, the EPA cannot issue you with a licence until that consent is obtained. It is in your interest to determine what has to be done under the planning laws before you apply for a licence.

When you have decided that you need an environment licence, you will need to fill out an application form.

• Licensing forms

If you have any questions, contact EPA Licensing on (08) 8204 2058.

On 1 July 2010, the Environment Protection Regulations 2009 introduced late lodgement and late payment penalties for authorisation holders. >> More

It means you have the required approvals to legally undertake an activity of environmental significance.

The holder of an EPA licence is required to comply with the conditions of operation set in their licence. These conditions are normally set through negotiation with a licence coordinator but may, where necessary, be imposed by the EPA. Licence conditions are able to be appealed through the Environment Resources and Development Court.

Emissions or discharges that exceed set limits may require the development of an environment improvement program (EIP) by the licensee which will move their operation into being able to comply with the limits for those discharges over a set period of time.

An EPA licence provides a level of assurance to the public and the company’s shareholders that the company is aware of its environmental obligations and is working with the EPA to achieve these obligations.

The licence fee system is based on ‘user pays’ and ‘polluter pays’ principles. Licence fees reflect the EPA’s regulatory effort as well as the amount and type of pollutants discharged to the environment. >> More

• Annual licence fee

The term of a licence is generally five years, but can vary from one to 10 years based on the EPA’s assessment of the risk or duration of the activity.

The time it takes to get an EPA licence varies and is dependent on the complexity of the applicant’s activities and operations. The timeframe varies between around one month and up to four months for more complex assessments.

It is the responsibility of a person or company to determine if they require a licence. It is serious offence to undertake a prescribed activity without a licence and could result in a maximum fine of $120,000.

It is also an offence to provide false or misleading information and can result in a maximum fine of $60,000.

The EPA also utilises a number of enforcement tools to manage non compliance with licence conditions in accordance with the Compliance and Enforcement Guideline.