Get help finding the right permission

Our free permission pathway process can help you work out if you need a permission and find the right one for your activity.

If you need help to complete the pathway advice request form or have any questions, contact us on 1300 372 842 or permissions@epa.vic.gov.au.

Our permission pathway process can help you if you're not sure whether you need a permission or which permission you need. It can help you understand what the regulations are for your specific situation. You must have the right permission before you can conduct your activity.

This process is the first step towards getting a permission. It's designed to guide you through the permissions process. The outcome is not a permission, nor a formal or legal decision. It does not replace a permission application.

How the pathway process works

To start, complete a pathway advice request in our portal(opens in a new window). The level of detail you need to provide is generally less than when you apply for a specific permission. To give you an outcome, we need enough information and evidence to understand your activity’s risks and proposed controls.

We review the information you provide and tell you if you need a permission for your proposed activity. For example, you may need an operating licence, an exemption from an operating licence or an amendment to your licence.

We also let you know if you do not need a permission or if a better environment plan is more suitable.

If you do need a permission, your next step is to complete and submit an application. Applying is a separate process with fees and a different timeframe. Visit How to apply for a permission.

The outcome of the pathway process may be different to the outcome when you apply for a permission – for example, if:

  • the information you provide changes
  • your risks change or new ones emerge
  • there are significant community concerns.

To get an outcome, we may need to meet with you or contact you for more information.

How to complete the pathway form

For us to help you, we need information about your proposed activity.

The pathway advice request form has 4 sections.

Section A: identification

The purpose of Section A is to identify the applicant. The applicant is the legal entity making the application and must be the occupier of the premises.

Information about the applicant

Includes

company or business name

registered company name (if you're not an incorporated company, provide the individual legal names) and a copy of the ASIC Certificate of Incorporation

CEO or an equivalent company authority

details of the legally authorised person – for example, director or secretary – who is acting on behalf of the company or business making the application

primary contact details

contact details for the person within the company who will be dealing with us throughout the application process

Australian Business or Company Number (ABN or ACN)

ABN or ACN, including a registered office address and billing email address for invoices and financial queries

ID(s) for any current permission

any EPA permission or other authorisation number relating to the activity

consultant/environmental auditor details

contact details for any consultants or environmental auditors assisting with your application

Section B: describe your activity

The purpose of Section B is to describe your proposed activity and how it meets the obligations of the Environment Protection Act 2017 and subordinate legislation. You must attach any supporting information to help us make a decision.

Information about your activity

Includes

proposal/activity name

Give a name that easily identifies the proposal or project.

capital costs

Give the cost of the proposed capital works that are associated with your activity.

This includes items such as plant, equipment and controls.

It does not include items such as offices and car parks.

type of proposed activity

Where possible, refer to the prescribed activity category.

We'll confirm the activity category as a part of this process.

If your activity is not a prescribed activity, you may not need a permission.

description of the proposed activity

Provide a detailed description, along with detailed supporting information – for example, diagrams, tables, or risk assessments.

It’s important to provide enough information so we can understand the proposal and make an accurate pathway decision. We return incomplete forms with a request to provide further information.

fixed or mobile activity

Identify if the proposed activity will be conducted at a single location (fixed) or multiple locations (mobile).

activity address

Provide the address where the proposed activity will take place.

pilot project

Identify if the proposed activity is for technology development or research. Explain the circumstances surrounding the project. This includes its scale, duration, dimension, goals, purpose and expected outcome and your plans for the activity’s future.

best available techniques and technology

For the majority of pathway outcomes, you need to demonstrate that the proposed activity will use the best available techniques and technology. You must identify how, at an early stage in the design, the activity has adopted the best available techniques and technology to protect human health and the environment.

Demonstrating this may result in a less time-consuming and less complex regulatory process.

emissions, discharges or impact on human health and the environment

You must answer all parts of this question. You must consider how the proposed activity meets the requirements of the Environment Protection Act and subordinate legislation.

To support your answers, you should attach any evidence and data behind these predicted emissions.

One reason for this question is to help us decide whether an exemption applies – for example, if your activity doesn’t emit more than the specified threshold limits for several substances.

changes to an existing permission

Only current EPA permission holders need to answer this question.

If you need to change something in your current permission, follow the instructions in the question. You should also describe – and support with evidence – what the environmental impact will be. You need to demonstrate how the proposed change to your permission will not increase impact on human health or the environment. The type of evidence required will also depend on the change being requested.

background conditions

Identify where the proposed activity will sit within the surrounding environment. Explain how that might impact human health and the environment.

To assist the risk analysis, these maps and figures (in JPG format) must accompany the descriptions:

  • site plan showing the layout of your proposal. The site plan should be drawn to scale and indicate the site boundary. Also include the premises' dimensions and any buildings, roads, discharge points or sampling locations. It should also show any features relevant to your application – for example, dams, treatment lagoons, waterways and drainage, storage areas, or bunding.
  • locality plan showing surrounding land uses. It should cover a 2-kilometre radius (or other distance as relevant) and clearly indicate:
    • road names at the premises' borders
    • houses, waterways and any other features relevant to your application
  • zoning map showing current land use zones
  • sensitive land use map –sensitive land uses include:
    • residential dwellings (other than a caretaker’s house on industrial or commercial premises)
    • hospitals
    • schools
    • caravan parks or similar uses involving the presence of individual people for extended periods (except in the course of their employment or recreation).

The maps should include details of buffer distances and document the mechanisms you've put in place to mitigate environmental risk.

All maps and figures should be clearly labelled and contain orientation, scale and a key or legend where relevant.

risk assessment

Provide your analysis of the various risks from your activity to human health and the environment and how you have eliminated them.

For risks that cannot be eliminated, provide details as to how you have reduced them as far as reasonably practicable. Our website has resources that can help when considering risk from an activity.

engagement, authorisation, and permissions from other authorities

Describe whether you require any other types of permissions or authorisations from other regulators for your activity.

Also provide information on the status of any engagement you have had as part of that process. This allows us to understand and coordinate any potential conflicts with the decisions of other regulators.

Stakeholders can also include other regulatory authorities or decision-makers, such as:

  • local government
  • independent authorities – for example, catchment management authorities or waste groups
  • state government – for example, the Earth Resources Regulator.

A pathway outcome can include identifying joint publication with other authorities when you also need an application for public works under the Environment Effects Act 1978 or a planning permit or planning scheme amendment under the Planning and Environment Act 1987.

community and third-party engagement

You should conduct your own engagement before making an application to us. Being in touch and maintaining a relationship with stakeholders can be a positive step towards being good corporate citizens.

Community and third-party interest in an application can come from anyone (except EPA or the applicant), including:

  • other businesses and competitors
  • fence-line and surrounding neighbours
  • local residents
  • various community or association groups.

Third-party interest can range from high to low, depending on the proposal and a range of other factors.

What your engagement needs to demonstrate

We expect you to have engaged with community, stakeholders and other third parties regarding your activity. You need to explain your engagement and support your explanation with evidence.

When community engagement is done well and at an early stage, we can often complete our assessment sooner.

The aim of early engagement is to:

  • meaningfully consult with stakeholders and the public about your proposal
  • listen to, understand and seek resolution to questions or concerns that are raised
  • provide an opportunity to scope out potential issues, concerns and risks, to address these as part of the application.

The level of engagement varies with:

  • the type of industry being proposed
  • the distance to residents
  • any community or environment groups that may have an interest in your proposal.

Demographics of the surrounding area also make a difference. We look at how you may have tailored your engagement to suit this.

As part of an assessment, we'll consider the types of concerns the stakeholders have and the outcomes of your engagement. We do not put a weighting on the number of concerns specifically, but rather on the issues raised and how they have been resolved. We also consider the quality of engagement performed or proposed by you.

Objections to your proposal

We understand that engagement can be difficult, especially if you have not had contact with stakeholders before. We understand that some stakeholders may never be satisfied with the level of engagement or the proposed activity. If this happens, we expect that you record the process you took and the outcomes, whether positive or negative. Having this sort of disagreement with stakeholders does not mean that you are ineligible for a permission. It does mean, however, we want to see that you have genuinely engaged and sought resolution of potential impacts, where possible.

For more information, visit Community engagement requirements.

Section C: documents

The purpose of section C is to identify documents that are needed for all permission pathway process applications. It also gives you the opportunity to provide additional evidence to support your application.

This information helps us get a complete understanding of your activity. More instructions and examples are provided in the pathway advice request form.

Commercial-in-confidence

We ask that commercial-in-confidence material is clearly marked as ‘commercial-in-confidence’. If possible, hand-deliver these documents to an EPA officer. This material is filed separately to make sure it's kept secure.

Section D: declaration

The person who's making the application must provide a declaration that the information is true and correct to the best of their knowledge.

Giving false or misleading information is a serious offence. The person making the declaration may be liable for a criminal or civil penalty for giving false or misleading information.

If you have any concerns, contact us.

Complete and submit the form

Once you've prepared the information you need, complete and submit the pathway advice request form in our portal(opens in a new window). There's no fee to apply.

You need to sign up to use the portal. If you need help, call 1300 372 842.

If you've already signed up, log into the portal(opens in a new window) and select the 'Pathways advice' option.

We let you know our decision within 2 weeks of receiving your form.

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