Most types of industrial waste are pre-classified in Schedule 5 of the Environment Protection Regulations 2021(opens in a new window).
However, Schedule 5 may not cover every type of industrial waste, such as new or unusual wastes. For these types of waste, we can issue a designation.
There are 2 types of designations:
- general – a designation that applies generally to a type of waste
- specific – a designation that applies to an individual person who has management or control of waste.
When you apply for a designation, it's specific to you and your circumstances.
A designation is valid for up to 5 years. Designations include conditions to manage risks of harm.
You do not need a designation if you can manage or control your waste in accordance with a determination – for example, for aggregates or fill materials.
Before you apply for a designation
If you're unsure if you need a designation, you can use our free permission pathway process. It can help you understand what the requirements are for your specific situation.
When to apply for a designation
If your waste can be classified, you do not need to apply for a designation.
You can apply for a designation if you are in management or control of waste and you cannot classify your waste using:
- the pre-classifications of wastes in Schedule 5
- a general designation (visit our public register to see current designations).
For the criteria and thresholds for waste categories, visit Waste disposal categories – characteristics and thresholds.
Prepare for your application
You must prepare your application following our guidance or advice. Prepare for your application before starting your application form in the portal(opens in a new window).
You need to provide evidence and relevant documentation to support your answers. You need to meet any specific requirements.
The required information is mandatory. Without this information, your application is incomplete, and by law we cannot assess it.
You can choose to get advice from an accredited consigner. They can help you prepare your application and understand your obligations.
Information to include in your application
To apply for a designation, you must provide information and evidence on how you'll:
- meet your obligations under the general environmental duty and any other waste duties
- minimise your risk of harm to human health and the environment
- address the 11 principles of environment protection
- be consistent with the requirements of the Environment Protection Act 2017(opens in a new window) and Regulations.
Provide evidence and relevant documentation to support your answers. If you make claims, you must justify them. Your application must include evidence to support your claims.
Questions in the application with an asterisk (*) are compulsory. If a question is not relevant to your activity, type ‘not applicable’ and justify why. If you leave it blank, your application cannot progress.
If your application is incomplete, by law we cannot assess it. When we assess your application, we let you know if we need more information.
| Information to provide | Includes |
| application type | Give the application type (waste designation). |
| applicant details | Give the:
|
| prescribed permission activity | Select N: 'Non-scheduled item', then 'Non-scheduled activity'. Summarise the outcome you are seeking with the designation in 1,000 words. Your summary must demonstrate that you have management or control of the waste. |
| activity locations | Select 'Fixed location,' then 'Add new location'. Enter your location on the map or by typing into the search box. After selecting your location, you can add details in the unstructured 'Address' field. |
| supporting evidence | Attach your completed and signed Application for waste designation. Attach any further supporting evidence. This may include:
In the field provided, give a summary of what you’re attaching, including:
Declare the information you provided in the application is the truth. |
Guidance for common types of designation applications
Naturally elevated constituents in soils
Soils can have naturally elevated levels of metals and fluorides.
Support your application with evidence of elevated background levels – for example, the Victorian Background Soil Database(opens in a new window) and surrounding environmental audits.
You must include a description of former and current land uses at the relevant activity site.
We do not approve fill material designation applications in situations where naturally enriched soil has been imported into an environment where that soil is not endemic.
To learn more about assessing background levels, visit Contaminated land and groundwater. This guidance is used to assess contaminated land. However, you can use it as guidance for site data and information gathering.
Immobilised waste
Immobilisation is the process of restricting the movement of contaminants in waste. This restricts contaminants moving into the environment. This can help minimise the risk of harm to human health and the environment.
For immobilised waste:
- identify each contaminant of concern
- describe the immobilisation method for each contaminant
- show the long-term immobilisation of each contaminant
- conduct multiple extraction procedure analysis on samples
- conduct all analyses on representative samples.
Submit your application
Complete and sign the Application for waste designation. Submit the form and supporting documents through our portal(opens in a new window).
You need to sign up to use the portal. If you need help, call 1300 372 842.
The portal asks you to summarise details of your application. You can cross-reference to more detail in your attached documents.
When you submit your application, you'll receive confirmation and an application identification number.
No application fee applies.
Amend a waste designation
A waste designation can only be amended at our initiation.
You can request a waste designation amendment for:
- minor administrative changes, such as the expiry date or your address
- minor changes to conditions
- justified changes to contaminant thresholds (with supporting evidence).
To request an amendment to a current waste designation, email permissions@epa.vic.gov.au. The email must include:
- designation ID
- details of what you want to amend (add, remove, change) with reasons supported by the attached evidence.
We let you know if we need more information.
Approval for an amendment takes up to 42 business days.
We cannot accept amendment requests for increases in volume and/or activity area. This includes when you have changed your sampling frequency because of updated guidance. For these changes, you must submit a new waste designation application, referencing the existing waste designation.
To revoke (cancel) a designation, email permissions@epa.vic.gov.au.
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