Apply for temporary authorisation for waste discharge or disposal

You can apply for a temporary authorisation to discharge or dispose of waste:

• in an emergency
• because of public hardship, or
• to commission, repair, decommission or dismantle an industrial plant or equipment that's linked to a prescribed activity.

This includes waste emissions, storage, treatment, disposal and handling that would usually need a permission from us.

These are referred to as 'section 157 authorisations'. They are defined under section 157 of the Environment Protection Act 2017.

Authorisations are different to our other permissions. They allow you to engage in a waste management activity without getting an EPA licence, permit or registration. We only issue them in specific circumstances and only on a temporary basis.

To issue an authorisation, we must be sure the activity will not have significant harmful effects on human health and the environment.

When to apply for an authorisation

To apply for a section 157 authorisation, you need to demonstrate it's for at least one of these situations.

How we issue a section 157 authorisation depends on the situation. For example, for an emergency, you can contact us and we may issue an authorisation verbally. For decommissioning, you need to submit an application through our portal.

Temporary emergency

This is when you need to deal with a temporary emergency that would otherwise result in breaking the law or a condition of your permission.

Examples of emergencies include:

• natural disasters – for example, handling materials and/or waste from a bushfire
• industrial or transport accidents – for example, storing, handling or treating waste from an accident at a site not usually authorised to accept that type of waste.

Contact us if your situation is an emergency.

Temporary relief from public nuisance or community hardship

This is when you need to provide temporary relief from a public nuisance or community hardship. For example, following a bushfire, we may temporarily allow you to transport waste without getting transport certificates. This can speed up the clean-up for the affected community.

Examples of relief from public nuisance or community hardship include:

• accepting or temporarily holding waste from a site that can no longer operate due to unforeseen circumstances
• dealing with failure of a major utility or essential service, such as a temporary discharge from a water or wastewater treatment plant
• using alternative fuels during an electricity or gas supply disruption.

Commissioning, repair or decommissioning

This is when you need temporary discharge and/or waste storage to facilitate:

• commissioning or decommissioning any industrial plant or equipment items
• completing and testing a new plant following an EPA development licence
• bringing industrial equipment online or offline for repair and maintenance.

Decommissioning means that you stop using equipment – for example, you take it apart or remove it from use.

In some cases, you may also need to apply for a permission amendment. This reflects a permanent change to your activities and/or discharge limits.

Examples of commissioning, repair or decommissioning include:

• After the unexpected shutdown of a plant due to malfunction, you need to temporarily exceed your licence emission limits to allow for repairs.
• You have a new plant (with a development licence), and you need to allow time for biomass to develop in a new biological treatment system.

When you do not need an authorisation

You do not need a section 157 authorisation to conduct an activity when:

• an EPA authorised officer has issued directions under section 260 of the Environment Protection Act
• your EPA permission authorises you to discharge or manage waste
• the activity is a condition of an EPA statutory notice, such as a remedial notice.

We issue directions to address an immediate risk of harm to human health or the environment. For example, we might issue a direction to transport waste on a non-permitted vehicle following the clean-up of a spill.

Another authorisation for the same situation

To issue a subsequent authorisation for the same situation, we need to assess whether the situation is ongoing. If it's ongoing, then it does not meet section 157 authorisation requirements.

It's the responsibility of the person conducting the activity to:

• minimise re-occurrences
• install new developments to minimise discharges
• apply for a development licence or permission amendment for ongoing management.

Generally, we do not issue another authorisation for the same situation.

Exceptions are:

• authorisations for relieving community hardship from a natural disaster that needs long-term clean-up and remediation
• commissioning authorisations following a development licence, where we must be satisfied that the new or modified infrastructure has been tested and verified to an appropriate standard
• decommissioning authorisations for major industrial facilities, where shutdown processes may take longer than 120 days.

Conditions

When we issue an authorisation, it generally includes general, standard and specific conditions for that prescribed activity.

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.

Declaring an authorisation in a Permission Information and Performance Statement

If you do not comply with a permission condition, you must declare the non-compliance in your Permission Information and Performance Statement (PIPS) for the specified period.

This applies even if a section 157 authorisation was in place. You must mention that the authorisation was issued when you submit your PIPS.

Information to include in your application

To apply, you must provide all the information requested in the online application form.

Without this information, it makes it difficult for EPA to assess your application.

Application fees

We confirm the application fee after you apply.

We may be able to waive the fee for a temporary emergency or temporary relief authorisation. You can request a fee waiver in your application.

How to apply

You do not need to be an existing EPA permission holder to apply for a section 157 authorisation.

For temporary emergency or temporary relief

Call us on 1300 372 842, and we'll explain what actions to take.

During an emergency, we try to process your application within 3 business days or sooner.

For commissioning, repair or decommissioning

Complete the online Application for authorisation to discharge or dispose form (section 157) and pay the fee.

Submit this form in our portal. Section 157 authorisations are referred to as 'ADD' in the portal. You need to sign up to use the portal. If you need help, call 1300 372 842.

How we assess your application

We make decisions to issue section 157 authorisations on a case-by-case basis. We consider these key principles when assessing an application:

Is there a genuine emergency?

We assess whether there's an actual or imminent occurrence of an event that endangers health and safety, life, or the environment.

We do not issue authorisations where:

• the situation was foreseeable
• the situation was caused by carelessness, poor management, operator negligence or non-compliance with policies or guidelines.

Is there a public nuisance or community hardship?

A public nuisance includes widespread disturbance and inconvenience caused by noise, odour or other impact on amenity.

Hardship means difficulties experienced by a community arising from a lack of access to essential services such as water, power or transport. For example, a severe storm might lead to the flooding of a residential area, causing water damage to homes and public infrastructure or significant financial loss for a community.

Is the emergency or hardship temporary?

We assess the time needed to meet the emergency or to provide relief from public nuisance and/or community hardship. This is limited to a maximum of 120 days per authorisation.

Is commissioning, repair or decommissioning of plant or equipment required?

We acknowledge that commissioning, repair and decommissioning are a routine part of running a business. We also acknowledge that you may occasionally need authorisation for temporary discharge or storage beyond permission limits.

Where repairs or maintenance activities are regularly programmed, we consider whether these are ongoing and whether a different statutory approach is more appropriate.

How long your authorisation is valid for

A section 157 authorisation is valid for the time it takes to perform the activity. The maximum time is 120 days.

When we refuse an application

If we refuse your application for a section 157 authorisation, you can apply for a new permission or an amendment to an existing permission. Contact us to discuss your options.

If an unauthorised discharge occurs, we respond following our Compliance and enforcement policy.

We cannot issue a section 157 authorisation when:

• the situation is not a genuine emergency
• there is no evidence of public nuisance or community hardship
• the situation results from carelessness, poor management and/or operator negligence
• the proposed activity may have significant adverse effects on human health or the environment
• the applicant has not taken all reasonable steps to identify and assess alternatives to waste disposal – visit Duty to investigate alternatives to waste disposal
• the applicant has not minimised the risk of harm to human health or the environment from pollution or waste, so far as reasonably practicable – visit General environmental duty
• the applicant is solely using the authorisation to avoid non-compliance with another EPA permission or statutory notice.