If you're unsure of the type of permission you need, we recommend that you use our free permission pathway process before you apply for a permission. Application requirements are generally complex and activity specific.
You must get permission from us to engage in certain activities that have risk of harm to human health and the environment. These are called prescribed activities and are defined in Schedule 1 of the Environment Protection Regulations 2021(opens in a new window).
Under section 45 of the Environment Protection Act 2017(opens in a new window), you must get an operating licence to conduct prescribed operating activities. These are ongoing and generally complex high-risk industrial and waste activities.
We can review an operating licence after 4 years or at any time after that. In this process, we can vary the licence conditions or revoke the licence.
When to apply for an operating licence
For a list of all the activities that require an operating licence, visit Find which permission you need.
These activities include but are not limited to:
- coal processing
- discharging or depositing more than 5,000 litres of industrial wastewater (per day or on any day)
- extractive industry and mining
- generating electrical power from the consumption of a fuel at a rated capacity of at least 5 MW
- operating a landfill
- operating mineral wool or ceramic fibre works
- operating road tunnel ventilation systems
- operating textile manufacturing or processing works
- printing, if emitting more than 100 kg per day of volatile organic compounds
- processing or smelting ores or ore concentrates to produce metal
- processing wood, wood products, waste paper or other cellulose materials to form pulp, paper or cardboard
- reprocessing specified electronic waste at more than 500 tonnes per year
- slaughtering or processing animals at more than 200 tonnes per year.
For all prescribed operating activities, you must first get a development licence or development licence exemption. The only time you can go directly to an operating licence is when:
- you're currently operating a facility and your activity has recently been added as a prescribed operating activity to the Environment Protection Regulations
- your operating licence expires and you need to re-apply for the same activity at the same activity address.
Exemptions
Under some circumstances, you can apply for an exemption from an operating licence.
Conditions
Operating licences have general, standard and specific conditions that address the 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.
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.
In addition to general conditions, we may also add site-specific conditions to an operating licence. These can include:
- discharge conditions, such as discharge limits for air emissions or water discharges
- waste acceptance conditions, which set the maximum concentration of contaminants in waste that you can accept or treat at the activity site
- other conditions to make sure you follow certain practices at the activity site.
To learn more about licence conditions, refer to our Licence management guideline.
Information to include in your application
To apply for an operating licence, you must provide the information in the table below. You must structure your application to follow this order.
Your application must include all the information and supporting evidence. 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.
If you're applying directly for an operating licence (not following a development licence or exemption), use our permission pathway process.
Note: you may also need to provide specific information for your activity. Check your activity type for all application requirements.
Applying for a new operating licence (following a development licence or exemption)
| Information to provide | Includes |
| application type | Give your permission type (operating licence). |
| applicant details | Give the:
|
| suitability to hold a permission | Provide a completed fit and proper person questionnaire and prohibited person questionnaire. Include a credit check (for a business), annual report (for a public body), or any other supporting documents triggered in the form. |
| permission activity | Summarise your prescribed operating activity in 1,000 words. For a list of activities, visit Find which permission you need. You must reference the development licence or exemption issued for the activity. Confirm if there are any variations from what was approved in the development licence or exemption. |
| activity location | Address where the prescribed operating activity is taking place. |
| activity site plan | Give a site plan in JPEG format that includes:
|
| waste information and licence limits | For a waste-related permission, select waste codes that reflect the waste received at your site, not any waste you produce. For more information on your obligations for receiving or transporting industrial waste, visit Understand your waste obligations and duties. For information on waste codes, visit Waste code transition to the Environment Protection Regulations 2021. If your activity involves receiving waste, you must specify the maximum storage limits at any one time for each waste type. These must not exceed any levels approved under a development licence or exemption. |
| emissions or discharges | If your activity involves a discharge to air or water, provide the proposed threshold limits of indicators from the discharge point. These must not exceed any levels approved under a development licence or exemption. |
| risk management and monitoring program | Provide a risk management and monitoring progam to show that you've identified the risks and have controls in place to mitigate them as far as reasonably practicable. For more guidance, visit Risk management process. |
| community engagement | If you’ve engaged with the community and other third parties about your activity, summarise any planned or completed consultation, any concerns raised and your approach to address them. |
| other permissions and compliance | Give details of:
|
| financial assurance | If your proposed activity includes A01, A05a, A13a, A13b, G04, or L02, you may be required to provide financial assurance. For more guidance, visit Financial assurance for permissions and contaminated land. |
| completion of development activities | Provide written confirmation from us, or an EPA reference number, confirming that you've completed your development activities according to the development licence or exemption. |
| completion of development activities - commissioning results | Give the results of commissioning completed as part of your development activities. |
| supporting evidence | Provide the evidence specified in this table as needed to support your application. |
Applying for a new operating licence (not following a development licence or exemption)
| Information to provide | Includes |
| application type | Give your permission type (operating licence). |
| applicant details | Give the:
|
| suitability to hold a permission | Provide a completed fit and proper person questionnaire and prohibited person questionnaire. Include a credit check (for a business), annual report (for a public body), or any other supporting documents triggered in the form. |
| permission activity | Summarise your prescribed operating activity in 1,000 words. For a list of activities, visit Find which permission you need. |
| activity location | Address where the prescribed operating activity is taking place. |
| activity site plan | Give a site plan in JPEG format that includes:
|
| process and technology | Describe the processes or systems you will develop to perform the activity. Outline your experience and competency in performing the activity. Summarise the background environmental conditions, including siting consideration and surrounding sensitive receptors. Answer the following questions:
Give a summary of:
|
| waste information | For a waste-related permission, select waste codes that reflect the waste received at your site, not any waste you produce. For more information on your obligations for receiving or transporting industrial waste, visit Understand your waste obligations and duties. For information on waste codes, see Waste code transition to the Environment Protection Regulations 2021. If your activity involves receiving waste, you must specify for each waste type:
|
| waste management information | Summarise how you’re managing waste following the waste management hierarchy. Detail the systems and processes used to minimise risks of harm to human health and the environment from handling, storing, using and transporting substances. |
| emissions or discharges | If your activity involves a discharge to air or water, provide the proposed threshold limits of indicators from the discharge point. |
| risk assessment and management | Where you’ve identified and assessed risks, the following section asks for information on the systems and controls that you’re adopting. More specifically, it looks at managing risks related to:
You need to summarise the systems and processes you will use to prevent or minimise impacts from these things. Also confirm whether your activity includes management or control of industrial waste, priority waste and/or reportable priority waste. If so, you need to explain:
|
| risk management and monitoring program | Provide a risk management and monitoring program to show that you've identified the risks and have controls in place to mitigate them as far as reasonably practicable. For more guidance, visit Risk management process. |
| community engagement | If you’ve engaged with the community and other third parties regarding your activity, summarise any planned or completed consultation, any concerns raised and your approach to address them. |
| other permissions and compliance | Give details of:
|
| financial assurance | If your proposed activity includes A01, A05a, A13a, A13b, G04, or L02, you may be required to provide financial assurance. For more guidance, visit Financial assurance for permissions and contaminated land. |
| supporting evidence | Provide the evidence specified in this table as needed to support your application. |
Application fee
For 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.
If an application fee applies, we cannot assess your application until we've received and processed this fee.
Fees also apply for managing your licence – for example, to transfer, amend, renew or surrender your licence.
You do not need to pay a fee to apply for an operating licence if:
- you hold a development licence, and
- we have provided a written statement that we consider you've completed the activity specified in the development licence to our satisfaction under section 73(1) of the Act.
Annual fee
Some permission activities have annual fees. The fee is specific to the activity type, and may include multiple components. Permission fees are set out in the Act under section 55, and calculated in accordance with the Regulations. More information about how annual fees are calculated can be found in the Environment Protection Regulations 2021 under:
- regulation 177
- regulation 178
- schedule 1
- schedule 11
As a permission holder, you may receive a request to provide waste information in your Permission Information and Performance Statement (PIPS). Some of this information will be used to calculate the correct annual fee.
How to apply
Submit your application and supporting documents through our portal. For more information, visit 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. These timelines 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.
| Permission type | Time to assess |
| operating licence | up to 42 business days |
| operating licence following a development licence | up to 15 business days |
How long your licence is valid for
If the operating licence was issued before 1 July 2021, there's no expiry date. If it was issued after 1 July 2021, then your licence is valid for:
- up to 99 years for a waste management activity at a current or former landfill site
- up to 20 years in any other case.
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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