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 2008 (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" (available at www.qld.gov.au using the publication number ESR/2015/1791 as a search term) 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 are on the Department of State Development, Manufacturing, Infrastructure and Planning website.
The Business Queensland website has information about obtaining an environmental authority (search for "environmental authority").
You should contact your 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 Councils.
Section 101 of the EP Regulation lists the ERAs that are devolved to local government (ERAs are not devolved to the local governments listed in Schedule 8A). You should refer to both Section 101 and Schedules 2 and 8A to determine if local government administers an ERA.
6 - Asphalt manufacturing
12 - Plastic product manufacturing
19 - Metal forming
20(1) and (2)(a) - Metal recovery
38(1)(a) - Surface coating
49 - Boat maintenance or repair (only to the extent it is carried out at a boat maintenance or repair facility)
61(1) - Waste incineration and thermal treatment
Sections 101 and 103 to 108 of the EP Regulation list the circumstances when 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 8A 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 council.