The EPA issues permissions, exemptions and other instruments. We make these decisions under our laws (the Act) and regulations. Sometimes our decisions must also consider other laws. 

Applications for permissions, exemptions, authorisations and designations have requirements. These applications must contain specific information in EPA's approved form and manner.

This guidance informs you of application requirements for biodiversity and engagement.

Biodiversity

We assess your application for impacts on biodiversity. We do this under a duty on public authorities. The duty is under section 4B of the Flora and Fauna Guarantee Act 1988 (the FFG Act).

Relevant applications for biodiversity

Relevant application types include those:

  • for an authorisation (repair, commissioning or decommissioning)
  • for a new or amended (non-administrative) permission or permission exemption except:
    • following a development licence, or
    • following a development licence exemption, or
    • for activities A10a, A11, A12, or
    • for registrations.
  • to renew a permit for all activities except A10a, A11, A12, L05 or L06.

Such applications are only relevant if they propose: 

  • a new or changed discharge to air, or
  • a new or changed discharge to water, or 
  • a new or changed deposit of waste to land, or
  • a new or changed biosecurity risk that could impact on biodiversity of native flora or fauna.

For other types of applications, do not submit biodiversity information unless requested. 

Biodiversity information required for relevant applications

All relevant applications must include the following information:
  • A flora and fauna assessment of native vegetation and biodiversity values. The flora and fauna assessment must be for the activity site and surrounding areas. Include surrounding areas if they might be harmed by the proposed activity. 
  • document whether the proposed activity site is:
    • within an area that is a critical habitat under the FFG Act, or
    • within an area proposed to be a critical habitat under the FFG Act, or
    • in an area that has a habitat conservation order
    • refer to Victoria's Framework for Conserving Threatened Species for more information.
  • details of threatened flora, fauna or communities that may be harmed by the proposed activity. Details of any Action Statements and/or Management Plans for each of these.
  • outline how the proposed activity could be contributing to potentially threatening processes. These are listed under the FFG Act. 
  • measures to minimise any potentially threatening processes contributed to by the proposed activity
  • human health and environment risk assessment for the proposed activity that must:
    • address objectives of the FFG Act
    • address relevant  environment values of the Environment Reference Standard;
    • consider all relevant instruments under the FFG Act in choosing risk controls. This includes relevant Action Statements, Management Plans, Determinations and Orders.

For information on how to apply, see applications for permissions and related instruments.

Engagement

A third party is a person or group that believes they are affected by a proposed activity. Third parties may include neighbouring residents or businesses, or broader community interest. Applicants are required to conduct engagement. . We need information about your engagement to assess your application.  

Assessment of your application requires information so we can properly consider:

Relevant applications for engagement

Engagement information is required for relevant applications including: 
  • for an authorisation (repair, commissioning or decommissioning)
  • for a new or amended (non-administrative) permission or permission exemption except:
    • following a development licence, or
    • following a development licence exemption, or
    • for activities A10a, A11, A12, or
    • for registrations.
  • to renew a permit for all activities except A10a, A11, A12, L05 or L06.

For other types of applications, do not submit engagement information unless requested. 

Engagement information required for relevant applications

All relevant applications must include and address:
  1. the EPA Charter of Consultation (publication 1928), including:
    • the section "Pre-application engagement", and
    • the section "Consultation with Aboriginal Victorians"
  2. how you consulted about the proposed activity with:
    • community members, 
    • stakeholders,
    • community groups, 
    • traditional owners, and
    • Registered Aboriginal parties
  3. the engagement activities undertaken by you. This includes evidence demonstrating these activities
  4. the potential issues, concerns and risks raised with you during engagement activities
  5. how you addressed and responded to the raised issues, concerns and risks. This includes evidence demonstrating your approach.
  6. how your approach to engagement used best practice and inclusive techniques
  7. a stakeholder register identifying:
    • issues and concerns held by the stakeholder
    • method of engagement
    • date of engagement
    • names of participants
  8. any engagement templates, materials and supporting information.
Guidance and engagement tools are available. See the International Association for Public Participation Australasia for more information. 

The guidance and engagement tools may be useful to you. You can use them to plan engagement or consultation. In doing so, you can gain a greater understanding of the possible activities needed to do this well. You may also get help from an engagement professional to guide you through the process. This may be helpful depending on the scale of engagement or consultation you need to do. It can also be helpful if you are not yet confident with consulting stakeholders.

For information on how to apply, see applications for permissions and related instruments.

 

Reviewed 18 September 2023