The EPA issues permissions, exemptions and other instruments. We make these decisions under our laws (the Act) and regulations. Sometimes our decisions must also consider other laws. 

Applications for permissions, exemptions, authorisations and designations have requirements. These applications must contain specific information in EPA's approved form and manner.

This guidance informs you of application requirements for climate change, biodiversity and engagement.

Climate change

EPA considers climate change factors related to certain activities that are subject of a permission decision.

Under section 17 of the Climate Change Act 2017 we need to consider:

  • Potential impacts of climate change relevant to your activity

    EPA must consider the potential impacts of climate change relevant to a prescribed decision. Potential impacts of climate change include biophysical impacts, long and short-term economic, environmental, health and other social impacts, beneficial and detrimental impacts, direct and indirect impacts, and cumulative impacts.  

  • Potential contribution to the States greenhouse gas GHG emissions

    EPA must have regard to the potential contribution to the State’s GHG emissions of a prescribed decision. In having regard to the potential contribution to the State’s GHG emissions of an activity, EPA considers potential short-term and long-term GHG emissions, potential direct and indirect GHG emissions, potential increases and decreases in GHG emissions, and potential cumulative impacts of GHG emissions.  

  • Any guidelines issued by the Minister

    The Minister may issue guidelines as to the scope and application of the factors set out in the above considerations. The EPA must have regard to any such guidelines issued by the Minister in making prescribed decisions.
     
Climate change information supplied as part of a permission application will additionally be considered within the context of risk management under the Environment Protection Act 2017:

  • General Environmental Duty

    The general environmental duty (GED) outlines the responsibility of all persons, including individuals, small businesses and corporations, to take action in minimising harm to human health and the environment arising from their activities. This includes taking steps to reduce GHG emissions and adapt to the impacts of climate change, so far as reasonably practicable. 

    Where EPA is required to consider the general environmental duty in its permission decisions, it must take into account any measures an applicant for a licence or permit has taken, or proposes to take, to comply with the general environmental duty when engaging in the proposed activity.

     

  • Impacts of the activity

    When determining whether to issue (or amend) development licences, operating licences (including review of operating licences) or project pilot licences, EPA considers the impact of the activity on human health and the environment and the impact on any environmental values identified in the Environment Reference Standard (ERS), along with any other activities being or proposed to be carried out by the holder of the licence or any other person.
     

  • Principles of Environment Protection

    The principles of environment protection (PEPs) guide EPA on how to administer the Environment Protection Act. In the context of climate change, EPA considers the PEPs when determining whether to issue, or grant an exemption from, a licence or permit.
     

  • Best available techniques and technologies

    Best available techniques and technologies (BATT) requires EPA to consider whether the applicant has demonstrated that the mitigation measures it has proposed are the most effective and advanced stage in the development of activities and their methods of operation, that are reasonably practicable for the applicant to implement.
     

  • Consistency with the Act and Regulations

    EPA must consider whether the proposed activity is compatible with or adheres to those components of the Environment Protection Act and Regulations that have not already been considered.
     

Relevant applications for climate change

Submit climate change information for relevant application types including those:

  • for an authorisation (repair, commissioning or decommissioning)
  • for a new development licence, exemption (development licence) or pilot project licence
  • to issue or amend (non-administrative) a permission or permission exemption
  • to renew a permit for all activities except A10a, A11, A12, L05 or L06.

For the following types of applications, do not submit climate change information unless requested:

  • administrative amendments (e.g. change of name, company details, transfer, suspension, surrender, revocation, renewal) 
  • permit-related applications for A10a, A11, A12, L05 or L06 activities
  • amending waste codes only
  • registrations and designations
  • any permission issue/amendment following a development licence or exemption (development licence) where: a) EPA has notified the permission holder of acceptance of completion of the development activity; and b) the permission issue/amendment is in accordance with the development licence or exemption (development licence).

Climate change information required for relevant applications

Download the Application Checklist for all relevant applications. Once completed, attach the checklist to your application. The Application Checklist must include the following information:

  1. Assessment of potential impacts of climate change on your activity.
  2. Assessment of potential impacts of climate change that may be increased as a result of your activity. They do not include impacts of the activity’s GHG emissions.
  3. Estimates of your activity’s annual GHG emissions (direct and indirect) over the life of the activity,
  4. Assessment of risks from the GHG emissions and climate change impacts relevant to your activity.*
  5. Strategies to mitigate risks from the GHG emissions and climate change impacts relevant to your activity.*
  6. Plan to monitor and adjust the above mitigation strategies to ensure effectiveness over the life of your activity.*

*Only if your application meets any of the following criteria:

  • it proposes new GHG emissions (direct or indirect)
  • it proposes a change to an existing activity’s GHG emissions (direct or indirect)
  • it proposes a new activity that is likely to be impacted by climate change
  • it proposes a new activity that is likely to increase the potential impacts of climate change
  • it proposes any changes to an existing activity and those changes are likely to:
    • result in increased potential impacts of climate change on that activity, or 
    • increase the potential impacts of climate change.

The following resources inform your state of knowledge about climate change. These resources may support you in completing the Application Checklist in a form and manner acceptable to EPA:

Biodiversity

We assess your application for impacts on biodiversity. We do this under a duty on public authorities. The duty is under section 4B of the Flora and Fauna Guarantee Act 1988 (the FFG Act).

Relevant applications for biodiversity

Relevant application types include those:

  • for an authorisation (repair, commissioning or decommissioning)
  • for a new or amended (non-administrative) permission or permission exemption except:
    • following a development licence, or
    • following a development licence exemption, or
    • for activities A10a, A11, A12, or
    • for registrations.
  • to renew a permit for all activities except A10a, A11, A12, L05 or L06.

Such applications are only relevant if they propose: 

  • a new or changed discharge to air, or
  • a new or changed discharge to water, or 
  • a new or changed deposit of waste to land, or
  • a new or changed biosecurity risk that could impact on biodiversity of native flora or fauna.

For other types of applications, do not submit biodiversity information unless requested. 

Biodiversity information required for relevant applications

All relevant applications must include the following information:
  • A flora and fauna assessment of native vegetation and biodiversity values. The flora and fauna assessment must be for the activity site and surrounding areas. Include surrounding areas if they might be harmed by the proposed activity. 
  • document whether the proposed activity site is:
    • within an area that is a critical habitat under the FFG Act, or
    • within an area proposed to be a critical habitat under the FFG Act, or
    • in an area that has a habitat conservation order
    • refer to Victoria's Framework for Conserving Threatened Species for more information.
  • details of threatened flora, fauna or communities that may be harmed by the proposed activity. Details of any Action Statements and/or Management Plans for each of these.
  • outline how the proposed activity could be contributing to potentially threatening processes. These are listed under the FFG Act. 
  • measures to minimise any potentially threatening processes contributed to by the proposed activity
  • human health and environment risk assessment for the proposed activity that must:
    • address objectives of the FFG Act
    • address relevant  environment values of the Environment Reference Standard;
    • consider all relevant instruments under the FFG Act in choosing risk controls. This includes relevant Action Statements, Management Plans, Determinations and Orders.

For information on how to apply, see applications for permissions and related instruments.

Engagement

A third party is a person or group that believes they are affected by a proposed activity. Third parties may include neighbouring residents or businesses, or broader community interest. Applicants are required to conduct engagement. . We need information about your engagement to assess your application.  

Assessment of your application requires information so we can properly consider:

Relevant applications for engagement

Engagement information is required for relevant applications including: 
  • for an authorisation (repair, commissioning or decommissioning)
  • for a new or amended (non-administrative) permission or permission exemption except:
    • following a development licence, or
    • following a development licence exemption, or
    • for activities A10a, A11, A12, or
    • for registrations.
  • to renew a permit for all activities except A10a, A11, A12, L05 or L06.

For other types of applications, do not submit engagement information unless requested. 

Engagement information required for relevant applications

All relevant applications must include and address:
  1. the EPA Charter of Consultation (publication 1928), including:
    • the section "Pre-application engagement", and
    • the section "Consultation with Aboriginal Victorians"
  2. how you consulted about the proposed activity with:
    • community members, 
    • stakeholders,
    • community groups, 
    • traditional owners, and
    • Registered Aboriginal parties
  3. the engagement activities undertaken by you. This includes evidence demonstrating these activities
  4. the potential issues, concerns and risks raised with you during engagement activities
  5. how you addressed and responded to the raised issues, concerns and risks. This includes evidence demonstrating your approach.
  6. how your approach to engagement used best practice and inclusive techniques
  7. a stakeholder register identifying:
    • issues and concerns held by the stakeholder
    • method of engagement
    • date of engagement
    • names of participants
  8. any engagement templates, materials and supporting information.
Guidance and engagement tools are available. See the International Association for Public Participation Australasia for more information. 

The guidance and engagement tools may be useful to you. You can use them to plan engagement or consultation. In doing so, you can gain a greater understanding of the possible activities needed to do this well. You may also get help from an engagement professional to guide you through the process. This may be helpful depending on the scale of engagement or consultation you need to do. It can also be helpful if you are not yet confident with consulting stakeholders.

For information on how to apply, see applications for permissions and related instruments.

 

Reviewed 11 December 2023