The Environment Protection Act 1970 (Vic) defines certain classes of premises which require permission under the Act to pollute and make changes to their plant, equipment and processes.

The Regulations to the Environment Protection Act 1970 (Vic) establish classes of premises that require works approval and licenses;

• The Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 on Austlii

Occupiers of Scheduled Premises require a works approval to:

• commence construction, installation or modification of the plant, equipment or processes where it is likely to:
  • change the amount or type of waste emitted from the premises;
  • change the way that substances which potentially endanger the environment are treated;
  • cause a significant increase in the emission of noise;
  • cause a state of potential danger to the environment;
• alter the height of any chimney;
• do anything that would make a premises a “Scheduled Premises”;

(see section 19A of the Environment Protection Act 1970 (Vic))

An occupier of Scheduled Premises is also required to obtain a licence from the EPA once the equipment is installed and before commencing any activities which;

• discharge, emit or deposit waste to the environment;
• reprocessing, treating, and storing waste or a potential dangers to the environment or any segment of the environment;
• activities that create a state of potential danger to the environment;

(see section 20 of the Environment Protection Act 1970 (Vic)).

When the EPA receives an application for a works approval or a licence, it must publish notice of the application for the Works Approval or licence in a newspaper (see sections 19B and 20 of the Environment Protection Act 1970 (Vic)) and invite any interested persons to comment in writing on the application within 21 days of the Notice.

In considering whether to grant a works approval or licence the EPA must consider:

• Any replies, reports, comments, information, discussions and resolutions of any conferences held on an application for works approval or licences; (see sections 19B(5), 20(8)(d) & 20B of the Environment Protection Act 1970 (Vic)).
• State Environment Protection Policies ("SEPPs") (see section 20C(2) of the Environment Protection Act 1970 (Vic)).

The EPA can refuse an application where it considers that to issue a licence or works approval would be contrary to or inconsistent with policy, likely to cause or contribute to pollution, or cause an environmental hazard; (see section 20C(3) of the Environment Protection Act 1970 (Vic)).

The EPA has broad powers to impose conditions on a licence or works approval; (see section 21 of the Environment Protection Act 1970 (Vic)). This is one of the most useful mechanisms for controlling pollution contained in the Environment Protection Act 1970 (Vic).

Special conditions can include:

• monitoring of discharges and their environmental impact; and
• the installation of pollution control equipment.

The EPA may also issue or transfer works approvals or licences with more stringent conditions than those required by SEPPs, where local conditions require a higher level of protection or for industries where the technology required for meeting more stringent conditions is commonly available (see section 20C(3A) of the Environment Protection Act 1970 (Vic)).

Any person whose interests are affected by a decision (other than the premises owner) to:

• issue a works approval;
• issue or amend a licence (where a works approval is not obtained); or
• remove a suspension of a licence;

Can appeal to the Victorian Civil and Administrative Tribunal (VCAT) within 21 days of the decision (section 33B(1)).

Generally, a member of the public can appeal only on the following grounds:

• that the discharge under the works approval or licence will unreasonably and adversely affect the interests of that person;
• that the discharge under the works approval or licence will be inconsistent with or result in conditions inconsistent with a relevant SEPP or would cause pollution; (see section 33B(2)).

There is no appeal available if the works approval is issued in conjunction with:

1. A planning scheme amendment under the Planning and Environment Act; or
2. A proposal under the Environment Effects Act 1978.

(see section 33B(1A) and (1B) of the Environment Protection Act 1970 (Vic)).

Licences cannot be subject to appeals by the public where there has been the opportunity to appeal against the Works Approval.

• The Environment Protection Act 1970 (Vic) on Austlii

• The Environment Protection Authority