We assess development licence applications against the criteria in section 69(3) and (4) of the Act. Additional statutory or risk-based considerations may apply depending on your proposal.
Refer to our Development licence application form and content guide to identify all relevant application requirements.
What your application must demonstrate
Your application must enable us to assess:
- how you will comply with the general environmental duty
- the impact of the activity on human health and the environment, including any environmental values in the Environment Reference Standards
- how you apply the principles of environment protection
- the use of best available techniques or technologies in the process design and controls
- whether the activity is consistent with the Act and the Regulations
- any other prescribed matter.
During the assessment, we may also request additional information to address:
- comments from referral agencies
- submissions received through our community engagement process.
Other statutory considerations
Our assessment may also include decision-making responsibilities under other legislation, such as:
- Climate Action Act 2017
- Fauna and Flora Guarantee Act 1988
- Charter of Human Rights and Responsibilities Act 2006.
These Acts create additional obligations we must consider when making certain decisions, such as deciding on a development licence application. You can learn more about the information we need to complete these assessments, and other frameworks to consider, in the Development licence application form and content guide.
Grounds for refusal
Under the Act and Regulations, we must refuse your application if:
- you are not a fit and proper person to hold a development licence
- the proposed activity poses an unacceptable risk of harm to human health or the environment
- the application is for a new landfill that is not listed in the Victorian Recycling Infrastructure Plan (VRIP).
We must also refuse your application if the Act or Regulations prohibit the proposal. For example:
- Regulation 19 prohibits us from issuing a permission for an activity that results in a wastewater discharge or deposit to surface waters in a special water supply catchment area
We may also refuse your application if:
- referral agencies object to the proposal
- the proposal is inconsistent with the Victorian Recycling Infrastructure Plan (VRIP)
- the proposal seeks to extend an existing landfill that is not consistent with the VRIP.
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