Works approvals
Download an application form for a works approval, transfer of a works approval, or required additional information.
The Environment Protection Act 1970 requires that before prescribed industries or processes are established (that is, if a premise will become a scheduled premises), the person intending to establish that industry must have a works approval from EPA. A works approval is also required where changes are planned to an existing industry that will have an effect on the wastes discharged to the environment.
The activities that are subject to this process are specified in the Environment Protection (Scheduled Premises And Exemptions) Regulations 2007.
After the works are completed, the occupier is then normally required to apply to the Authority for a licence which will specify EPA requirements for the operation of the business such as limits on the amount and types of waste that may be discharged to the environment and other conditions designed to minimise the environmental effect of the process.
To provide for public input into this process, all applications for works approvals and some types of licence applications and licence amendments are advertised in the Wednesday edition of the Herald Sun newspaper and, where appropriate, also a local newspaper. Comments may be made by members of the public up to 21 days after the advertisement appears. These comments must be taken into account by the Authority when deciding on the issue of the works approval or other document. A right of appeal exists for people who have commented and are aggrieved by a decision of the Authority to issue the document.
If the proposed works are for the purposes of a research project rather than a full commercial operation, it may be more appropriate for the occupier to apply for a Research, Development and Demonstration approval 
(PDF Doc) instead of a works approval.
This page has answers to these questions:
What is a works approval?
What can works approvals cover?
Who is required to seek a works approval?
What information is contained in a works approval application?
Are fees charged for the assessment of works approval applications?
How long will it take to obtain a works approval?
What type of requirements can be included in works approvals?
What appeal procedures are provided in the Environment Protection Act 1970?
Who can access works approvals?
What is a works approval?
A works approval permits work to be undertaken which will result in:
- discharge of waste to the environment
- increase in, or alteration to, an existing discharge
- change in the way waste is treated or
- change in the way waste is stored.
Works approvals allow EPA and industry to resolve potential pollution problems and finalise waste discharge, storage and handling requirements before commencement of a project or operation. Third party concerns can also be addressed at this early stage.
What can works approvals cover?
The Environment Protection Act stipulates activities that could be covered by works approvals. Any alteration, modification or addition which is likely to increase the discharge of waste requires a works approval.
For Schedule 1 premises, this could include:
- alteration of the method of operation of any trade or any process
- alteration of the type of fuel used in any fuel burning equipment or industrial plant
- alteration of the type of materials or products used or produced
- installation, alteration or replacement of any fuel burning equipment or industrial plant and
- construction, relocation or reduction of the height of any chimney through which waste is or may be discharged or emitted to the atmosphere.
For a Schedule 2 premises, works approvals are required for:
- installation, construction or modification of apparatus for discharge of waste into water or onto land for treatment of waste prior to discharge, and
- any works which are likely to cause the discharge or emission of waste to land or water or result in an increase of discharge to the environment. This includes landfills.
For a Schedule 4 premises, works approvals are required for the installation, construction or modification of apparatus for the reprocessing, treatment, storage or disposal of prescribed industrial waste, except in the course of general maintenance.
Who is required to seek a works approval?
Works approval applications are submitted by the occupiers of scheduled premises. Scheduled premises are prescribed by regulation.
Not all works on scheduled premises involving discharges to the environment require a works approval. General maintenance is specifically exempted in the Act. EPA can also exempt minor works which do not increase waste discharges to the environment.
What information is contained in a works approval application?
The application must describe the proposed discharges to the environment and the manufacturing and waste treatment facilities. Complex proposals will require a summary of the proposal for the information of interested third parties. Applications not containing the necessary information will not be processed until adequate information is received. EPA is required to request this additional information within 21 days.
Applicants are strongly advised to discuss the application with the relevant EPA regional office before formally applying.
Are fees charged for the assessment of works approval applications?
Applications must be accompanied by an application fee which depends on the proposed value of the works as listed in the following table.
| Cost of works | Fee |
|---|---|
| Less than $10,000 | $722.40 |
| $10,000 or greater, but less than $50,000 | $1,444.90 |
| $50,000 or greater, but less than $250,000 | $3,010.20 |
| $250,000 or greater, but less than $1 million | $5,057.10 |
| $1 million or greater, but less than $5 million | $8,428.50 |
| $5 million or greater, but less than $25 million | $16,857.00 |
| $25 million or greater, but less than $100 million | $25,285.50 |
| $100 million or greater | $52,605.00 |
How long will it take to obtain a works approval?
Routine works approvals will be assessed in three months or less. It is expected only very complex applications will require up to the four months provided in the Act.
An approval is held in abeyance if a third party lodges an appeal with the Administrative Appeals Tribunal.
What type of requirements can be included in works approvals?
Works approvals will not only address the quantity and quality of potential waste discharges, they may also specify the type and operation of pollution control and monitoring equipment, pollution abatement measures and investigations funded by the applicant to assess the impact of proposed or existing waste discharges.
All conditions subsequently inserted in the licence must be consistent with the relevant works approval.
The most appropriate pollution control technology will be discussed by EPA and the industry concerned. It is the applicant's responsibility to put forward a proposal which will satisfy the environmental objectives.
What appeal procedures are provided in the Environment Protection Act 1970?
EPA will endeavour to resolve second and third party concerns during the preparation of a works approval. Conferences may be convened to consider third party objections. Second party and third party appeals against works approvals can be lodged with the Administrative Appeals Tribunal up to 21 days after the day of issue.
Who can access works approvals?
EPA licences and approvals are public documents, and copies may be purchased by any person on payment of a fee, currently $8. Contact the EPA Information Centre for further details.