This guide provides detailed information about development licence applications. It explains the whole process, and the roles and responsibilities of everyone involved.
You can learn about preparing, applying, and how we assess your application. It also includes information on how to manage a development licence, if you hold one.
Development licence application form and content guide
You must use the form to apply for a development licence. If you do not use this form, your application is noncompliant, and by law we cannot assess it.
The included content guide provides more help on the information you should include.
If you're unsure of the type of permission you need, we highly recommend that you use our free permission pathway process before you apply for a permission. Application requirements are generally complex and activity specific.
A development licence is an EPA permission to design, construct or modify complex high-risk industrial or waste management activities – for example, to develop a large-scale landfill.
Under section 44 of the Environment Protection Act 2017(opens in a new window), you must get a development licence to conduct prescribed development activities.
Development licences play an important role in preventing harm to the environment. They are an opportunity for us to influence the design of works or a facility before building starts. This includes their operating and management capability.
The application process involves:
- making a science-based and evidence-based assessment of the design
- consulting with the community and interested stakeholders
- driving innovation and better practice.
For some activities, you need to apply for a development licence before you can apply for an operating licence or a permit.
When to apply for a development licence
Prescribed activities that require a development licence are defined in Schedule 1 of the Environment Protection Regulations 2021(opens in a new window).
You must apply for a development licence if you propose to:
- construct or install a plant or equipment
- develop processes or systems
- modify plant, equipment, processes or systems (except for general maintenance).
To apply for an operating licence or a permit, you must confirm with us that you’ve completed your development activities according to your licence and conditions.
You must also pass an inspection and evaluation of your completed development activities.
Exemptions
Under some circumstances, you can apply for an exemption from a development licence.
Conditions
Development licences have general, standard and specific conditions that address your activity's risks.
These conditions outline your legal obligations as the permission holder. They set up a framework for risk management, record keeping and reporting. To learn more, visit Permission conditions(opens in a new window).
We monitor activities to make sure permission holders comply with these conditions. We take a no-tolerance approach and can take action if you do not comply. To learn more, visit Fines and enforcement(opens in a new window).
General conditions
For examples of the requirements specified in placeholders of development licence conditions, visit our public register(opens in a new window).
| Condition code | Condition details |
| DL_G01 | A copy of this licence must be kept at the site and be easily accessible to persons who are engaging in an activity conducted at the site. Information regarding the requirements of the licence and the Act duties must be included in site induction and training information. |
| DL_G02 | The development [placeholder1] must be [placeholder2] in accordance with the listed approved plans and documents: [placeholder3]. In the event of any inconsistency between the approved documents and the conditions of this permission, the conditions of this permission shall prevail. |
| DL_G03 | Subject to the following conditions, this development licence allows you to: [placeholder1]. |
| DL_G04 | This permission does not take effect until a copy of any planning permit or amendment to a planning scheme required under the Planning and Environment Act 1987 (Vic) and related planning schemes has been provided to the Authority by the applicant. |
| DL_G05 | This permission expires: (a) on the issue or amendment of an operating licence or permit relating to all activities covered by this permission; (b) when the Authority advises in writing that all activities covered by this permission have been satisfactorily completed and the issue or amendment of an operating licence or permit is not required; or c) on the expiry date listed on the front page of this permission. |
| DL_G06 | You must: (a) prior to [placeholder1], provide the Authority with the full financial assurance in a form and for an amount determined by the Authority; and (b) maintain such financial assurance (including any part of such assurance) so that it can be claimed on, utilised or realised by the Authority as and when required. |
| DL_G07 | You must: (a) develop and maintain a decommissioning plan that is in accordance with the current decommissioning guidelines published by the Authority; (b) provide the decommissioning plan to the Authority upon request; (c) supply to the Authority an updated detailed decommissioning plan [placeholder1] business days prior to commencement of decommissioning, if you propose to divest a section of the licensed site, cease part or all of the licensed activity or reduce the basis upon which the licence was granted to a point where licensing is no longer required; and (d) decommission the licensed site in accordance with the detailed decommissioning plan, to the satisfaction of the Authority and within any reasonable timeframe which may be specified by the Authority. |
Standard conditions
Additional standard conditions may apply. This depends on the activity and the common characteristics of the proposed activity.
| Condition code | Condition details |
| DL_W02 | You must notify the Authority in writing when the development activity authorised by this permission has commenced. |
| DL_W03 | You must notify the Authority when the construction associated with the development activities covered by this approval has been completed. |
| DL_W04 | You must not commission or use the operating components of the development activities without the written approval of the Authority. |
| DL_C01 | Commissioning activities must be undertaken in accordance with the commissioning plan approved by the Authority. |
| DL_C06 | Within [placeholder1] days of the expiry of this permission, you must provide to EPA a report detailing the results of the commissioning monitoring program. |
| DL_C07 | Within [placeholder1] of the completion of the approved activities, you must provide to EPA a written report that summarises the activities undertaken and includes: [placeholder2]. |
Specific conditions
We may also apply specific conditions to a development licence. These conditions are customised for a specific site or circumstances.
Specific conditions are determined on a case-by-case basis when we assess an application.
Specific conditions may be applied for some requirements including but not limited to:
- financial assurance(opens in a new window) requirements
- commissioning requirements
- requirements for reporting, notification or approvals – for example, documents, plans or commencement of development, commissioning or decommissioning
- requirements for what must be done to prevent, monitor or manage a specific hazard or risk during the development activity.
To learn more about the types of conditions we may apply to a development licence, visit Permission conditions(opens in a new window).
Some conditions require you to submit a notification, or request our approval. This must be done via email to permissions@epa.vic.gov.au(opens in a new window)
Information to include in your application
Your application must follow the development licence application form and content guide. It explains our mandatory requirements.
Applications must be a report and include the required:
- structure
- appendices
- declarations
- formatting.
If you do not use this form, your application is noncompliant, and by law we cannot assess it. The content guide includes more help on the information you should include.
The portal form includes mandatory and optional questions. You do not need to repeat information already included in your application documents. Instead, reference relevant sections to help us complete our compliance check.
You can learn more about the application and assessment process in the development licence application guide.
Note: you may also need to provide information that's specific to your activity. Check your activity type for a list of all application requirements.
Application fees
To see a list of current fees and how they're calculated, visit Fees. An extra fee may apply if we need more time than specified in the Regulations to assess your application.
How to apply
Submit your application and supporting documents through our portal(opens in a new window). For more information, see Guide to development licences and How to apply for a permission.
How we assess your application
Our Permissions scheme policy outlines our standard process for assessing permission applications.
For information about how we assess your application, see Guide to development licences or visit How to apply for a permission.
How long it takes
We need time to assess your application and make a decision. It can take up to 4 months to assess your application. This can change if we need more information.
We recommend that you submit your application well in advance of your proposed start date. Allow for extra time in case we consider your application incomplete or we need additional information.
Community and public engagement
Ensuring that the process for all development licence applications is consistent with the environment protection principles requires public engagement. Public engagement requires consideration of all those who are likely to be impacted or have an interest in the application. This includes community and other stakeholders.
Community engagement is an important part of our process. Our Charter of Consultation sets out our commitment to consult Victorians. Engagement ensures the community is aware of an application and has a meaningful opportunity to provide input. This contributes to robust decisions.
Publishing a notice of your application
We must publish a notice for every application. We do this on:
- Engage Victoria (the whole-of-Victorian government engagement platform)
- on our website
- a local newspaper (if available)
- other channels as we consider appropriate
The notice explains:
- who is applying
- the activity
- how to access the application
- how to make a submission
We publish the notice as soon as possible after receiving your application.
Joint advertising with other processes
Some development licence applications are advertised together with other statutory processes. For example, if your application also requires:
- a planning permit or planning scheme amendment under the Planning and Environment Act 1987
- an environment effects statement under the Environment Effects Act 1978.
Joint advertising helps align decision-making processes and timelines. If this applies to your application, contact your EPA Permissioning Officer to determine if this is possible in your situation.
Engage Victoria
Engage Victoria is our primary platform for community engagement on development licence applications. For each application we create a dedicated project page where we publish:
- the application
- updates on the status of our assessment
- submissions and referral agency comments
- requests for information
- applicant responses to submissions and requests
- our decision
- updates on any legal challenges and outcomes.
Information remains on the project page indefinitely. This ensures transparency and allows stakeholders to review applications and our decision-making process.
Submission period
We invite public submissions on all applications. The law requires a minimum submission period of 15 business days (excluding the day the notice was published). There is no maximum period in the Act. However, we limit submission periods to 25 business days to meet statutory deadlines.
Anyone can make a submission during this period. All submissions must:
- be lodged by the specified closing date
- be submitted via Engage Victoria (unless we advise otherwise)
- use our standard online form.
Submitters can attach files, such as detailed written submissions.
Information sessions and other activities
In some cases, we may run additional engagement activities, such as information sessions. This helps the community understand a proposal, the assessment process, and how to make a submission. We decide this on a case-by-case basis, guided by our approach to proportionate assessment.
For more detail, see our pre-application engagement guidance and Charter of Consultation.
Responding to community submissions
All submissions will be published on Engage Victoria. These are de-identified before publishing to protect the privacy and security of submitters.
We may require you to provide a response to any submissions we receive. We will do this via request for information. Requests for information pause the statutory clock, and it will remain paused until we receive a satisfactory response.
Responding to submissions is an opportunity to:
- address community and stakeholder concerns
- clarify or provide additional information
- build trust and develop your social licence to operate.
Make sure the tone of your response is easy to understand, constructive, and respectful.
Once we receive a satisfactory response we will publish it on Engage Victoria for submitters to view. You can find examples of how previous applicants have responded to submissions on Engage Victoria.
We will finalise our technical assessment and make a decision on your application if we do not receive any submissions.
Responding to referral agency responses
All referral agency responses will be published on Engage Victoria, unless requested otherwise by the referral agency or due to commercial-in-confidence considerations.
We may require you to provide a response to any referral agency responses we receive. We will do this via request for information. Requests for information pause the statutory clock, and it will remain paused until we receive a satisfactory response. You can find examples of how previous applicants have responded to referral agency responses on Engage Victoria.
Conferences of interested persons
We may establish a conference of interested persons relating to a development licence application decision to:
- assist in a just resolution of a matter affecting our decision, and
- provide an informal way for us to consider an issue or matter relating to our decision.
We make the decision to have a conference as soon as practicable after receiving submissions and referral agency responses. They are for issue resolution and are not community engagement events. We will only hold a conference for a development licence application if we believe it will assist in a just resolution of an issue relating to our decision.
If a conference is held, we will appoint a chair to convene it and make recommendations for our assessment. The outcomes of a conference will assist our decision-making, but any recommendations are not binding on us.
We are committed to making it as easy as possible for interested persons to participate in any conference. We will always aim to:
- use convenors who are skilled in facilitating diverse groups and finding ways for everyone to have their say
- hold the conference online or in a local venue that is convenient and accessible for participants
- choose a time and day that suits as many interested persons as possible
- find other ways for the interested persons to participate if the conference format is not suitable.
The convenor will then prepare a report summarising the findings of the conference. We will publish any report or recommendations made by the conference chair on Engage Victoria.
Request for information
We may need to request more information from you during our assessment. The statutory clock pauses once we make a request, and it does not resume until we receive a response.
We only make a request for information if it is relevant to our decision. We will work with you to clarify or expand on what is needed in a timely manner. To respond to our request, you must update your application document or provide the information as an appropriately identified addendum. All changes must be tracked in your application document using version control. See our Development licence application form and content guide for more instructions on proper documentation.
Failure to provide a complete or timely response may result in additional requests or the refusal of your application.
Request for additional time
Under section 51B(b) of the Act, EPA and an applicant may agree to extend the timeframe by which we must decide your application.
Some examples of when we may request additional time to assess your application include:
- there are complex technical matters that are taking longer than usual to assess
- we believe a conference of interested parties may be beneficial to the outcome of our decision
- we need external subject matter expertise to complete our assessment.
By agreeing to an extension of the statutory clock you limit your right to seek a decision for our failure to make a decision within the statutory timeframe from the Victorian Civil and Administrative Tribunal (VCAT).
Before deciding your application, we may request that you review a draft development licence. This may confirm administrative details or seek your comment on any non-standard conditions. This is usually a standard administrative step. We will specify a reasonable timeframe for you to respond to this request. If you need additional time you will need to agree to a request for additional time.
How long your licence is valid for
The duration of a development licence depends on the activity. This is stated in a condition when we issue the licence. To extend the duration, you must apply for an amendment, and pay the relevant fee. For a list of current fees and how they're calculated, visit Fees.
Appeal a licence decision
You can apply to the Victorian Civil and Administrative Tribunal to review the decision about your application. You need to appeal within 15 business days of receiving the decision.
Visit Appeal our decision.
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