Determinations are instruments designed to help support the Environment Protection Act 2017 (the Act) and Regulations.

Permission determinations and how to comply with them

The Regulations set out activities that require an EPA permission to operate lawfully. Permission determinations allow EPA to manage situations where:

  • the burden associated with a permission doesn’t match the risk of certain activities
  • the permission holder could reduce risk through other means.

Permission determinations made under section 48 of the Act can offer flexibility to meet the requirements to hold a permission.

To comply with a permission determination, read all sections of it carefully to make sure it applies to you. 

Determination
 Summary Date approved
Permission exemption for modifications to a sewage treatment plant This provides an exemption from a development licence for specified types of modification works at sewage treatment facilities that water corporations manage. Acceptable modifications are works intended to improve environmental outcomes or readiness for disaster and emergency management.   
 18 June 2021
Discharges or emissions to the atmosphere from prescribed activities This provides an exemption from the need for both a development and operating licence for a small number of specified activities. These are activities that discharge or emit to the atmosphere at below specified pollutant thresholds, or from one or more low-risk sources. For example, a food cooker or kitchen rangehood.
 18 June 2021
Discharges to land or surface water from prescribed activities This provides an exemption from both a development and operating licence for a small number of specified activities. These are activities that discharge or deposit to land or surface water to specified acceptable sources. For example, an emergency relief structure or an enclosed drain connected to a sewer. 18 June 2021
Temporary storage and containment of waste oils, paints and chemicals at a council transfer station This allows responsible temporary storage and containment of a small number of common wastes at local government-operated waste transfer stations facilities. The permission determination is subject to controls but doesn’t require local government operators to get a licence.   18 June 2021

Permission exemptions for receiving and storing black coal fly ash prior to use

s48(a) Development Licence - see page 28 
s48(c) Permit - see page 29
s48(d) Registration - see page 30

 This allows receipt and storage of black coal fly ash (fly ash from coal combustion at black coal fired power stations and black coal fired boilers) prior to use as input to a cementitious mixture. The determinations are subject to the black coal fly ash meeting the specifications of a designation issued by the Authority and being classified as not reportable priority waste. 30 May 2024

Waste determinations and how to comply with them

Waste determinations are made under Regulation 5(3)(a). By authorising a person, place or premises to receive industrial waste, they provide what we call lawful place.

The general environmental duty (GED) applies to the use of waste received according to a waste determination’s requirements.

Waste receivers who receive waste in accordance with a waste determination must ensure they read and understand the waste determination. To meet their waste duties, waste producers and receivers must comply with all waste determination conditions and limitations.

EPA has more guidance on how to use and comply with waste determinations:

Determination
 Summary Date approved
Livestock manure and effluent This authorises a person or place to receive livestock manure and effluent in accordance with the determination’s requirements. EPA has developed guidance to help primary producers understand this determination.
 18 June 2021
Fill material This authorises a person or place to receive fill material in accordance with the determination’s requirements. 18 June 2021
Recycled aggregates This authorises a person or place to receive recycled aggregates in accordance with the determination’s requirements.
 18 June 2021
Processed organics This authorises a person or place to receive processed organics in accordance with the determination’s requirements.
 16 December 2021
 Digestate This authorises a person or place to receive digestate in accordance with the determination’s requirements. 21 December 2023

Significant development licence criteria determination

The Significant development licence criteria determination supports a process for referring significant development licence applications to the Department of Health.

EPA will refer development licence applications to the Department of Health when it considers the application:

  • is reasonably likely to have significant implications for public health
  • meets criteria in the determination, which the Minister has set.

Reviewed 30 May 2024