‘Proposed final’ versions of the new subordinate legislation – the Environment Protection Regulations and Environment Reference Standard (ERS) – have been released to support Victorians to prepare for the new Environment Protection laws.
Operating licences are for complex high-risk industrial and waste activities that are ongoing.
Webinar – changes to operating licences
We have recorded a six-part webinar to help explain the changes as we transition from licences to operating licences.
You can choose to run through all the short videos as a playlist to see the entire presentation or you can choose to view a specific video. Individual videos include:
- Part 1 – Introduction
- Part 2 – Background and overview of the new permissions framework
- Part 3 – Transition of licences
- Part 4 – Changes to operating licence conditions
- Part 5 – Standard and specific conditions
- Part 6 – Further Information and your feedback.
To be read in conjunction with the videos, draft supporting guidance includes:
- Draft Guidance for operating licences (publication 1850) explains how Operating Licences under the new Act will differ from current Licences. Changes to the preamble of the operating licence template and revised General conditions are outlined in Section 1. The approach to Sectorial / Activity based and site-based conditions is discussed in Section 2.
- Draft Implementing the general environmental duty: A guide for licence holders (publication 1851) steps out the process in detail of developing a Risk Management and Monitoring Program as is one of the new drafted operating licence conditions. These programs are to enable Operating Licence holders to monitor and demonstrate compliance with the General Environmental Duty.
- Draft Operating licence statutory document template outlines the look and structure of your new Operating Licence.
When you need an operating licence
At the end of your development licence commissioning phase you will need to apply for an operating licence. This licence will expire after 20 years. An exception to this is landfill activities, which can have a term of up to 99 years.
You also need an operating licence if you are currently operating an activity that has become a prescribed activity. When the new Act comes into effect, a temporary exemption period will apply. You will need to apply for an operating licence by the end of the exemption period.
Without having a previous development licence, you can go directly to an operating licence only when:
- you are currently operating a facility that requires an operating licence, under the new Environment Protection Regulations.
- your operating licence expires, and you are re-applying for the same activity, at the same activity address.
The legal basis of operating licences are in section 45 of the Environment Protection Act 2017.
Licences become operating licences
If you have a current licence, this automatically transitions to an operating licence under the new Act. However, the conditions of your new operating licence will change. We will contact you to explain our approach to the transition of licences and conditions.
How to apply
You will be able to apply for an operating licence online (currently under development).
Assessment process for new applications
Once you have submitted your operating licence application online, here’s what will happen next:
- We will assess your application. Part of this process will include checking against the environmental requirements. This is under section 74(3) in the Environment Protection Act 2017. We will also consider any public comments received and your responses to them.
- If we approve your operating licence, proposed conditions will be discussed with you before being issued. You will also receive a draft operating licence, before it is finalised.
If you already hold a development licence
We are required to decide within 15 business days of receiving your operating licence application. This is providing you’ve received a statement confirming you’ve completed the activity to our satisfaction.
In all other situations
We need to decide on a complete operating licence application within 42 business days of receiving it. However, this timeframe can change if we need additional information to make a decision.
Fees for an operating licence
There is no fee when you are progressing from a development licence to an operating licence. If you do not hold a development licence, the fee for an operating licence application is 84.78 fee units. This is the ‘base’ fee, which applies to all applications. If our assessment of your application exceeds 13 hours, an additional fee will apply.
Appealing a decision
You can appeal to have a decision reviewed by the Victorian Civil and Administrative Tribunal (VCAT). This must be within 15 business days. For further information contact VCAT on (03) 9628 9777.
Send a copy of the appeal to the EPA within seven days of lodgement. Mark this to the attention of the Manager, Development Assessment Units.
Permission exemptions may apply to some activities.
Complying with your operating licence
You must ensure operating licence activities are maintained and operated so that the risk of harm to human health and the environment is reduced. This is so far as reasonably practicable. We will review your operating licence periodically. This is to make sure you are up-to-date with changing science, environmental conditions and community standards. As a result of this review, there may be a variation of licence conditions or revocation of the licence.
Reviewed 7 December 2020