If you're unsure of the type of permission you need, we highly recommend that you use our free permission pathway process before you apply for a permission. Application requirements are generally complex and activity specific.
A development licence is an EPA permission to design, construct or modify complex high-risk industrial or waste management activities – for example, to develop a large-scale landfill.
Under section 44 of the Environment Protection Act 2017(opens in a new window), you must get a development licence to conduct prescribed development activities.
Development licences play an important role in preventing harm to the environment. They are an opportunity for us to influence the design of works or a facility before building starts. This includes their operating and management capability.
The application process involves:
- making a science-based and evidence-based assessment of the design
- consulting with the community and interested stakeholders
- driving innovation and better practice.
For some activities, you need to apply for a development licence before you can apply for an operating licence or a permit.
When to apply for a development licence
Prescribed activities that require a development licence are defined in Schedule 1 of the Environment Protection Regulations 2021(opens in a new window).
You must apply for a development licence if you propose to:
- construct or install a plant or equipment
- develop processes or systems
- modify plant, equipment, processes or systems (except for general maintenance).
To apply for an operating licence or a permit, you must confirm with us that you’ve completed your development activities according to your licence and conditions.
You must also pass an inspection and evaluation of your completed development activities.
Exemptions
Under some circumstances, you can apply for an exemption from a development licence.
Conditions
Development licences have general, standard and specific conditions that address your activity's risks.
These conditions outline your legal obligations as the permission holder. They set up a framework for risk management, record keeping and reporting. To learn more, visit Permission conditions(opens in a new window).
We monitor activities to make sure permission holders comply with these conditions. We take a no-tolerance approach and can take action if you do not comply. To learn more, visit Fines and enforcement(opens in a new window).
General conditions
For examples of the requirements specified in placeholders of development licence conditions, visit our public register(opens in a new window).
| Condition code | Condition details |
| DL_G01 | A copy of this licence must be kept at the site and be easily accessible to persons who are engaging in an activity conducted at the site. Information regarding the requirements of the licence and the Act duties must be included in site induction and training information. |
| DL_G02 | The development [placeholder1] must be [placeholder2] in accordance with the listed approved plans and documents: [placeholder3]. In the event of any inconsistency between the approved documents and the conditions of this permission, the conditions of this permission shall prevail. |
| DL_G03 | Subject to the following conditions, this development licence allows you to: [placeholder1]. |
| DL_G04 | This permission does not take effect until a copy of any planning permit or amendment to a planning scheme required under the Planning and Environment Act 1987 (Vic) and related planning schemes has been provided to the Authority by the applicant. |
| DL_G05 | This permission expires: (a) on the issue or amendment of an operating licence or permit relating to all activities covered by this permission; (b) when the Authority advises in writing that all activities covered by this permission have been satisfactorily completed and the issue or amendment of an operating licence or permit is not required; or c) on the expiry date listed on the front page of this permission. |
| DL_G06 | You must: (a) prior to [placeholder1], provide the Authority with the full financial assurance in a form and for an amount determined by the Authority; and (b) maintain such financial assurance (including any part of such assurance) so that it can be claimed on, utilised or realised by the Authority as and when required. |
| DL_G07 | You must: (a) develop and maintain a decommissioning plan that is in accordance with the current decommissioning guidelines published by the Authority; (b) provide the decommissioning plan to the Authority upon request; (c) supply to the Authority an updated detailed decommissioning plan [placeholder1] business days prior to commencement of decommissioning, if you propose to divest a section of the licensed site, cease part or all of the licensed activity or reduce the basis upon which the licence was granted to a point where licensing is no longer required; and (d) decommission the licensed site in accordance with the detailed decommissioning plan, to the satisfaction of the Authority and within any reasonable timeframe which may be specified by the Authority. |
Standard conditions
Additional standard conditions may apply. This depends on the activity and the common characteristics of the proposed activity.
| Condition code | Condition details |
| DL_W02 | You must notify the Authority in writing when the development activity authorised by this permission has commenced. |
| DL_W03 | You must notify the Authority when the construction associated with the development activities covered by this approval has been completed. |
| DL_W04 | You must not commission or use the operating components of the development activities without the written approval of the Authority. |
| DL_C01 | Commissioning activities must be undertaken in accordance with the commissioning plan approved by the Authority. |
| DL_C06 | Within [placeholder1] days of the expiry of this permission, you must provide to EPA a report detailing the results of the commissioning monitoring program. |
| DL_C07 | Within [placeholder1] of the completion of the approved activities, you must provide to EPA a written report that summarises the activities undertaken and includes: [placeholder2]. |
Specific conditions
We may also apply specific conditions to a development licence. These conditions are customised for a specific site or circumstances.
Specific conditions are determined on a case-by-case basis when we asses an application.
Specific conditions may be applied for some requirements including but not limited to:
- financial assurance(opens in a new window) requirements
- commissioning requirements
- requirements for reporting, notification or approvals – for example, documents, plans or commencement of development, commissioning or decommissioning
- requirements for what must be done to prevent, monitor or manage a specific hazard or risk during the development activity.
To learn more about the types of conditions we may apply to a development licence, visit Permission conditions(opens in a new window).
Some conditions require you to submit a notification, or request our approval. This must be done via email to permissions@epa.vic.gov.au(opens in a new window)
Information to include in your application
Your application must follow the development licence application guidance. You must structure your application to follow the order of the table of contents in this guide.
You must also address any other requirements that apply to your application.
Your application must include all the information and supporting evidence we need. The portal asks you to summarise details of your application. You can cross-reference to more detail in your attached documents.
Without this information, your application is incomplete, and by law we cannot assess it.
Note: you may also need to provide information that's specific to your activity. Check your activity type for a list of all application requirements.
Application fees
To see a list of current fees and how they're calculated, visit Fees. An extra fee may apply if we need more time than specified in the Regulations to assess your application.
How to apply
Submit your application and supporting documents through our portal(opens in a new window). For more information, see How to apply for a permission.
How we assess your application
Our Permissions scheme policy outlines our standard process for assessing permission applications.
For information about how we assess your application, visit How to apply for a permission.
How long it takes
We need time to assess your application and make a decision. It can take up to 4 months to assess your application. This can change if we need more information.
We recommend that you submit your application well in advance of your proposed start date. Allow for extra time in case we consider your application incomplete or we need additional information.
How long your licence is valid for
The duration of a development licence depends on the activity. This is stated in a condition when we issue the licence. To extend the duration, you must apply for an amendment, and pay the relevant fee. For a list of current fees and how they're calculated, visit Fees.
Appeal a licence decision
You can apply to the Victorian Civil and Administrative Tribunal to review the decision about your application. You need to appeal within 15 business days of receiving the decision.
Visit Appeal our decision.
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