An environmental authority is required for an activity that meets the definition of a prescribed environmentally relevant activity (ERA) set out in Schedule 2 of the Environmental Protection Regulation 2019 (EP Regulation).
A development application that includes a material change of use for an ERA is considered to also be an application for an environmental authority.
The form "Development application Form 1 - Application details - attachment for an application for an environmental authority" must be included with the development application. The development application is made using the Planning Act form "DA Form 1 - Development Application details and other relevant development approval forms.
You should contact your local council for details of forms to apply for an environmental authority for ERAs devolved to them.
This licence is required to carry out an ERA for which administrative responsibility has been devolved to local councils.
The EP Regulation lists the ERAs that are devolved to local government.
A Asphalt manufacturing
B Plastic product manufacturing
C Metal forming
D Surface coating, carried out within the threshold for anodising, electroplating, enameling or galvanising, using 1t to 100t of surface coating materials in a year
E Boat maintenance or repair, but only to the extent the activity is, or is to be, carried out at a boat maintenance or repair facility
In some circumstances these ERAs are not devolved to local council.
An activity is not devolved for management by a local government if:
- the local government is listed in Schedule 13 of the EP Regulation;
- the activity includes a non-devolved environmentally relevant activity at the same place;
- the activity is carried out by a local government or the State; or
- the activity is a 'mobile and temporary ERA' and is carried out in more than one local government area.
The information sheet Environmentally relevant activities devolved to local government (publication number ESR/2015/1662) provides information about the ERAs devolved to local government.
For further information please contact your local council.