Our role includes managing the development licence application process. We assess applications against the statutory requirements of the Act and Regulations to determine compliance with the assessment criteria.
As part of this process, we are responsible for:
- notifying the community when we receive an application
- considering community submissions and feedback
- engaging with referral agencies
- assessing the potential risks of harm to human health and the environment
- documenting our decision-making in an assessment report
- notifying the applicant, community, and other stakeholders of our final decision.
Our Charter of Consultation explains our commitment to transparency and accountability. We aim to keep everyone with an interest in a development licence application informed about the progress of our assessment and decision-making. We mainly do this through Engage Victoria, the state government’s engagement platform.
Both applicants and affected third parties have legal rights to appeal the lawfulness or merits of our decisions.
If we issue a development licence, it will include conditions that must be met. We’ll monitor and enforce compliance with these conditions.
Applicants and licence holders
Applicants are responsible for:
- designing their proposal
- engaging community and stakeholders
- preparing and submitting application documents
- paying the application fee
- working cooperatively with us and stakeholders during our assessment process.
If a development licence is issued, the licence holder must comply with all conditions within the development licence.
To meet these responsibilities, applicants must:
- understand the process for applying and holding a development licence, and their legal obligations under the Act including all relevant duties
- demonstrate and document awareness of potential risks and the controls available to eliminate, and if that isn’t reasonably practicable, minimise them so far as reasonably practicable
- implement good design, considering best available techniques or technologies, including site selection, process design, control measures, and potential impacts
- engage early with community and stakeholders before applying, gather meaningful feedback and explain how the feedback received influenced the final proposal
- conduct robust assessments of the proposal and its potential impacts using accepted methodologies and standards
- submit complete, accurate, and high-quality documents
- participate constructively in the development licence application process, including in any EPA-led engagement
- respond promptly and fully to our requests for information and keep us informed of expected response times or delays
- maintain open communication with community and stakeholders throughout the application and development licence process.
EPA Portal and permission administrators
Our portal is used for:
- submitting requests, including permission pathways advice and pre-application meetings
- submitting and managing applications
- managing permissions, including amending, transferring, or surrendering your development licence.
Refer to our portal page for more information.
Permission administrators are portal users with access to advanced features. They manage requests, applications, permissions, and account details on behalf of their business.
Referral agencies
We work with other government agencies during our assessments. These agencies provide technical or regulatory expertise. Some referrals are mandatory, others are discretionary. If we receive comments from a referral agency, we must consider them in our decision-making.
If a referral agency raises concerns or needs more information, we may issue a request for information. Applicants should include referral agencies in their stakeholder analysis and engage with them early to avoid delays.
Below are our most common referral agencies and why we seek their advice.
Planning responsible authorities
Responsible authorities consider and determine planning permit applications under the Planning and Environment Act 1987 (PE Act). They are usually municipal councils or the Minister for Planning. They are prescribed referral agencies for all development licence applications under regulation 22(1) of the Regulations.
They have 15 business days to advise whether:
- the activity is allowed or prohibited by the planning scheme
- a permit under the PE Act is required, has been issued or is being considered.
They also have 32 business days to advise whether they:
- support, do not object to, or object to the application
- recommend conditions if we issue a development licence.
If a planning permit is also required, consider requesting joint advertisement of notices with your development licence application.
Department of Health
The Department of Health (DH) is a prescribed agency for significant development licence applications. These are applications reasonably likely to have significant implications for public health and that meet specific criteria.
We refer these applications to the Secretary to the DH for their advice on:
- radiation (both hospital/medical, and industrial radiation)
- drinking water
- food-for-sale.
The Secretary to the DH has 15 business days to provide comments, which may include objections or recommendations. The DoH may object to the application if public health is likely to be endangered. In these cases, we must refuse the application under s 69(4)(c) of the Act.
Table 1 Common referral agencies
| Authority | Responsibilities | Referral expertise | Referral time | Types of applications referred |
| Fire Rescue Victoria (FRV) | Fire and rescue services | Emergency response planning and fire protection systems for dangerous goods and combustible materials | 15 business days | Storage or management of combustible materials and dangerous goods |
| WorkSafe Victoria | Workplace health and safety regulation | Major hazard facilities, handling and storage of dangerous goods, fire safety controls | 15 business days | Major hazard facilities, handling and storage of dangerous goods |
| Water corporations | Water, sewage, trade waste services | High-volume water supply, trade waste agreement | 15 business days | High-volume water supply, trade waste agreement |
| Water catchment management authorities | Integrated catchment management | Reuse or application of waste to land, discharge to a waterway | 15 business days | Reuse or application of waste to land, discharge to a waterway |
| Earth Resources Regulator | Earth resource exploration, mining and quarrying activities | Activities under the Mineral Resources (Sustainable Development) Act 1999 (MR(SD) Act) | 15 business days | Extractive industries and mining |
| Agriculture Victoria | Public health risks from animal industries | Public health risks from zoonotic disease, biosecurity risks transmission (e.g., Q-Fever), or biosecurity risks | 15 business days | Animal industries such as piggeries or goat farms |
Public participation
Public participation is an important part of the development licence assessment process. We make better decisions when we understand community views and local knowledge. It also helps us identify and consider potential impacts of a proposal.
Learn more about how we engage with the public in our Charter of Consultation and about your application community engagement requirements.
Updated