A GUIDE TO LICENSING ENVIRONMENTAL PROTECTION ACT 1986

Transcription

1 A GUIDE TO LICENSING ENVIRONMENTAL PROTECTION ACT

2 Contents 1. Introduction About this document Purpose of this document Works approvals Determining if a works approval is required Application Enquiry Form Scoping Works approval applications Works approval fees EPA assessment DER s assessment process Work that is covered by the works approval Compliance document Staged works approvals Commissioning Licences What is a licence? Licence applications Licence fees Premises fees Discharge fee Annual fee Refunds DER s assessment process Once you receive your licence If you no longer require a works approval or licence Appeals Registrations What is a registration? How to apply for a registration Public availability of works approvals, licences and registrations Amendments Amendments to works approvals or licences Amendments for registrations Changing the type or scale of activity on prescribed premises Transfers Offences under Part V of the Environmental Protection Act

3 9. Frequently asked questions (FAQs) What is a prescribed premises? What is an Application Enquiry Form? Where can I obtain an AEF? What happens after I submit an AEF? Is there anything I need to do before I apply for a works approval or licence? How do I access the application form? What else do I need to provide with my application? How long will it take to have my works approval or licence application processed? How much time do I have to apply for a Works Approval? Can a works approval be completed in multiple stages? When do I need to apply for my licence? How long does my works approval and licence last? What happens if I purchase a premises that holds a works approval, licence or registration? Can I amend or extend my works approval or licence? What happens if I change the type or scale of my activity? What if I no longer need a licence or works approval? Can a works approval or licence be revoked or suspended? Can I appeal a works approval or licence decision? Can anyone else appeal a works approval or license decision? Can I start construction of my works as soon as I have my works approval? Will information about my works approval or licence be available to the public? What happens if I don t apply for a works approval or a licence and I need one? If I don t need a licence, do I need to do anything else? How much will my works approval or licence cost? What is the annual fee? Appendix A - DER Offices Appendix B - Prescribed Premises Categories Notes For further information, please contact: Tony Wynne Manager - Industry Regulation Licensing Branch Project Manager - REFIRE (Re-Engineering for Industry Regulation and Enviroment) Department of Environment Regulation refire@der.wa.gov.au Cover photos (top) by Department of Environment Regulation Cover photo (bottom) by Peter Knol Kwinana industrial area. Date of publication July

4 1. Introduction 1.1 About this document This document has been prepared by the Department of Environment Regulation (DER) in Western Australia (WA). It forms part of a suite of industry regulation licensing documents being developed through the Re-Engineering for Industry Regulation and Environment (REFIRE) reform program. REFIRE is a change management initiative, the aim of which is to apply wide ranging improvements to the procedures, processes and assessment methodologies employed within the licensing process to improve DER s industry regulation performance. Through-out this document there are references to the Industry Regulation Application Form and the associated Industry Regulation Guide to Application Requirements. These documents are currently being finalised. Links to these documents will be incorporated into this document as they are issued. Please visit the DER website at to obtain the latest version of this document. 1.2 Purpose of this document The objectives of the Environmental Protection Act 1986 (EP Act) include the prevention, control and abatement of pollution and environmental harm. It also delivers environmental regulation and compliance, encourages the promotion of best practice and waste minimisation and ensures that the operations of industrial facilities safeguard the environment now and into the future. The EP Act requires operators to obtain a works approval (for construction), and a licence or registration (for operation) for facilities that are prescribed in Schedule 1 of the Environmental Protection Regulations 1987 (EP Regulations), and provides for ongoing supervision by the regulators. This Guide provides advice for those operating, regulating, or interested in industrial facilities that are covered by the EP Act and describes the main licensing provisions. What does this document cover? This document contains general information about the process of issuing a works approval, licence, registration, amendment or transfer. For specific information on the technical aspects of your works approval or licence application, please refer to the Industry Licensing System (ILS) and the Industry Regulation Guide to Application Requirements. This document is intended as a Guide only, and should be read in conjunction with the EP Act and the EP Regulations. If there is any uncertainty regarding the obligations under the EP Act or EP Regulations further advice should be sought from an Environmental Officer at the nearest DER regional office. Contact details for DER s regional offices can be found in Appendix A. Before constructing or operating your facility you may also need to gain approvals from other government agencies. Holding a DER works approval, licence or registration does not exempt you from the need for such approvals. 4

5 Who is this document for? This document is for anyone who is proposing to construct or operate prescribed premises or for those third parties who are interested in DER s licensing process. This document outlines DER s licensing process and it is highly recommended that all applicants consult this guide before developing their applications. Any suggestions regarding the content of this document can be addressed to the Manager, Industry Regulation Licensing Branch by industry.regulation@der.wa.gov.au. What is regulated under Part V of the EP Act? DER administers sections of the EP Act, in particular, Part V Environmental Regulation. There are several environmental provisions under Part V of the EP Act, including pollution and environmental harm offences, clearing of native vegetation, prescribed premises, works approvals and licences, notices, orders and directions and some noise provisions (in addition to what is in the Environmental Protection (Noise) Regulations 1997). This guide relates specifically to prescribed premises, works approvals and licences which are regulated under Part V Division 3 of the EP Act. Certain industrial premises with significant potential to cause emissions and discharges to air, land or water are known as prescribed premises and trigger regulation under the EP Act. The list of prescribed premises are outlined in Schedule 1 of the EP Regulations and are contained in Appendix B of this document. A copy of the EP Act and Regulations can be downloaded from the State Law Publisher s website: The difference between a works approval, a licence and a registration If you propose to operate or do operate a premises which is prescribed in Schedule 1 of the EP Regulations, you will require a works approval to construct, and a licence or registration to operate. A works approval, licence or registration is issued to the person or company who is in control or occupation of the premises (the occupier). An occupier must hold a works approval: before commencing any work or construction that will cause the premises to become prescribed as a category under Schedule 1 of the EP Regulations before commencing any work or construction which may cause, increase, or alter emissions and discharges from an existing prescribed premises. A licence must be obtained before operating a premises in Part 1 of Schedule 1 of the EP Regulations. Part 1 premises are engaged in activities which produce emissions and discharges that have significant risk to the environment and trigger the regulation of management through a licence. For categories in Part 2 of Schedule 1, occupiers of the prescribed premises require a works approval to construct but may apply to DER to be registered instead of holding a licence as they are lower risk activities. Works approvals and licences are issued with conditions that apply to specific premises and are intended to prevent or minimise the emissions and discharges of waste to the environment. Registrations do not contain conditions and are issued to premises that are managed and regulated through industry-generic regulations, Codes of Practice or Guidelines. 5

6 2. Works approvals 2.1 Determining if a works approval is required The purpose of a works approval is to allow DER to assess the environmental acceptability of a proposal against standards and policies. Works approvals also contain conditions to ensure the premises can operate in an environmentally acceptable manner and that the works themselves do not cause unacceptable environmental impacts. The types of conditions that can be applied to a works approval are detailed under section 62A of the EP Act. If the proposal could have a significant effect on the environment, it may also be referred to the Environmental Protection Authority (EPA) for assessment under Part IV of the EP Act. Under section 53 of the EP Act, causing or changing the volume or nature of an emission at an existing prescribed premises requires a works approval when there is a proposal to: alter the method of operation of any trade or process construct, install or alter any equipment for the storage, handling, transport or treatment of waste for the purposes of discharging waste, or for the control or emission/transmission of noise, odour, electromagnetic radiation or emissions alter the type of materials or products used or produced in any trade alter the type of fuel used in any fuel burning equipment or industrial plant install, alter or replace any fuel burning equipment or industrial plant carry out work which is the beginning of or any subsequent step in any of the above works. A works approval is also required to alter any discharge or emission pipe, channel or chimney through which waste is or may be discharged to the environment irrespective of whether to do so may cause, or change the volume or nature of an emission. To determine whether you require a works approval you will need to contact DER. You can do this two ways: 1. Download and complete the Application Enquiry Form (AEF) from the DER website and submit it to the regional office within the region your premises will be located. 2. Either call or visit a regional DER office and speak to a member of the Industry Regulation team. You will be given a copy of the AEF or you can arrange to have one sent out to you. 2.2 Application Enquiry Form The Application Enquiry Form (AEF) is a simple one page form which provides essential details for DER to decide if a works approval is required. Important information to include on the form includes: proponent and premises details including a map brief description of the proposed project proposal description Australian and New Zealand Standard Industrial Classification (ANZSIC) code of the business production capacity assessment of the proposal by the EPA if the premises is currently subject to a works approval, licence or registration and if the proposal will change the type or nature of emissions and discharges from the premises. 6

7 Once the AEF is received, DER will assess it and contact you to notify you of your requirements for an application and a scoping meeting. If a works approval or licence is required, DER will advise you to submit a works approval application. If a works approval or licence is not required, DER will return a copy of the signed AEF to this effect. DER s decision will be based upon the information you provide. If you have any questions at any stage of the works approval or licensing process, please contact your relevant regional office (refer to Appendix A). 2.3 Scoping This section provides more information about scoping and what applicants need to bring to scoping meetings. What is scoping? The scoping meeting is to ensure an application made under Part V of the EP Act is in an acceptable form and contains the information required by DER to enable it to be accepted, assessed and an appropriate decision made in a timely manner. Scoping is undertaken between DER and the applicant. It is not a statutory requirement; however, it can be a critical administrative process to ensure that applications can be efficiently and accurately assessed. What needs scoping? Scoping is generally undertaken for: applications for works approval new licences amendments to existing works approvals and amendments to licences. Scoping will normally not be required for licences that are being renewed, unless there are changes to the proposed activities and/or emissions, changes to the receiving environment, changes to technology, or there have been changes to acceptable emission standards. In the case of small uncomplicated proposals, the AEF may be the only scoping DER undertakes and for licence renewals, a simple exchange of correspondence may be appropriate. In such cases, DER can determine whether a works approval and/or licence is required and what the specific application requirements are. Applicants can arrange for scoping meetings with DER if they prefer to meet face to face to discuss application requirements regardless of the size and type of activity planned. For more details on scoping, go to: html What does an applicant need to bring to a scoping meeting? You should secure a copy of the Industry Regulation Guide to Application Requirements and a Scoping Meeting Template before the scoping meeting. You should complete the template and submit a copy to DER before the meeting, and bring a copy to the scoping meeting, together with any relevant details regarding your proposal, including an outline of monitoring and environmental assessments you have undertaken. Some proponents may wish to develop their own scoping document outlining their proposal from the application requirements. It is recommended that you speak to a DER regional officer to obtain more information should you wish to do this to ensure that you meet DER s requirements. 7

8 2.4 Works approval applications Section 54 of the EP Act specifies that DER cannot accept works approval applications that are incomplete. According to the Act, a complete application must be: a. made in the form and in the manner approved by the Chief Executive Officer (CEO) b. accompanied with the correct fee prescribed in the regulations c. supported by such plans, specifications and other documents and information, including a summary thereof, as the CEO requires. The first stage of the works approval application requires the completion of part (a), the application form and the submission of part (b), the supporting documents. DER will review this information and send you an invoice for the payment of the works approval fee as per Section 2.5. To complete an application you will need to have an Application Identification Number (AIN) to access the online application form through the ILS on DER s website at You will need to contact your regional office to obtain an AIN. If you do not have access to the internet to complete an online application, contact your regional DER office to request a paper copy of the application form. All parts of the application form must be completed. Please read and follow the instructions carefully. You can save the application at any stage and return to it at another time to complete the information. Once your application has been submitted, any changes to the content of the application must be made in writing ( or letter) to DER and may require a new application to be submitted. You will need to provide all the supporting documents for your proposal so your application can be assessed and its environmental acceptability determined. To fulfil the requirements of Part C above, ILS provides details of supporting documents and technical information you will likely need to provide. More details will be provided in the Industry Regulation Guide to Application Requirements. 2.5 Works approval fees Works approval application fees are covered by regulation 5(C) of the EP Regulations. The application fee is based on the cost of the works. The cost of the works includes all capital costs (inclusive of GST) associated with the construction and establishment of the works proposed under the works approval application. This includes, for example, costs associated with earth works, hard stands, drainage, plant hire, equipment, processing plant, relocation of equipment and labour hire. Left Photo courtesy of Peter Knol / Right Photo - DER 8

9 Costs exclude: land purchase costs costs for buildings unrelated to the prescribed premises activity or activities consultancy fees relating to the works the capital cost of pre-existing infrastructure already approved by DER under an existing works approval, registration or licence. Schedule 3 of the EP Regulations lists the fee units which apply to a range of works costs and Regulation 4(5) lists the amount applicable to each fee unit. The cost of works must be provided by the applicant in order for an application to be complete, together with supporting information, such as a breakdown or schedule of costs. ILS will automatically calculate the fee required under Regulation 4(5) based on the cost of works in the application. DER will review the application submitted and if it is complete to the satisfaction of the CEO, DER will send an invoice for the works approval fee to the applicant for payment. Once payment is made, the application will be verified as a complete application and advertised (see Section 2.7). A works approval or licence application may be withdrawn by the applicant at any time during DER s assessment process and the applicant may seek a refund. More information on this process is provided in Section EPA assessment If the proposal is new (i.e. the premises are not yet constructed or operating) or represents a change to the existing operations, and if the change is likely to have a significant impact on the environment, DER may refer the proposal to the EPA (Section 38 of the EP Act). The EPA will determine whether or not an environmental impact assessment under Part IV of the Act is required. More information on the EPA s assessment process and whether the application may need a Part IV assessment can be found at www. epa.wa.gov.au For a project that has been referred to the EPA for assessment, under section 54(4) and 57(4) of the EP Act, DER cannot issue a works approval or licence until the Part IV process is complete. DER cannot issue a works approval or licence contrary to, or other than in accordance with, a decision by the EPA. Parallel processing of applications under Part IV and Part V can occur to minimise time spent in the approval processes. Careful planning and preparation is required and the provision of comprehensive and correct information helps to ensure timely assessments. Please be aware that the Part IV scoping process is different to scoping under Part V. Scoping meetings under Part V are more detailed and specifically related to prescribed activities and emissions and discharges. Applicants should contact DER at the earliest opportunity to discuss parallel processing. 2.7 DER s assessment process The timeframe for DER to complete the assessment of a works approval application begins on the date DER receives the completed application. DER has a target of 60 business days to process a works approval application. Screening, verification, invoicing, advertising, public comment, assessment, preparation of the draft works approval and Environmental Assessment Report (EAR) or Decision Document (DD), peer review and review of applicant comments are expected to occur within the 60 day timeframe. DER will screen and verify the information provided in the application and supporting documentation to determine if the application meets the requirements of the CEO. This process takes up to 10 working days. The CEO may decline to deal with any application that does not meet these requirements. Where 9

10 an application is declined, the applicant is encouraged to liaise with DER to address information gaps and submit a new application for assessment. More information may be requested by DER at any stage in the application process to enable it to complete its assessment. When DER requires more information to be provided or is seeking comment on the draft works approval and EAR/DD, the 60 day timeframe clock will be stopped on the day of the request being made, and not restarted until the information has been received from the applicant. DER also stops the clock once the invoice has been issued and will restart the clock once payment is made. The clock is stopped in these instances as the time taken to provide this information or payment is not within DER s control and is therefore not included in the 60 day target timeframe. If the application for a works approval meets the CEO s requirements, under section 54(2a), DER will verify the application and advertise it in The West Australian newspaper for a 21 day public comment period. The application summary is also placed on DER s website. DER will also write to key stakeholders and local government authorities, advising that the application has been received and is available for comment. DER may refer the application for advice from other decision making authorities such as the Department of Health, Department of Mines and Petroleum and local government authorities. Where comments are received from those or other third parties, those comments will be considered in DER s assessment process. DER will assess the application and prepare a draft EAR/DD that documents DER s assessment and decision making. A draft set of works approval conditions will be produced and provided to the applicant, together with the draft EAR/DD, for comment. DER will complete its assessment, taking into account any comments received. The works approval and EAR/DD are then finalised and prepared for issuing. The decision to grant or refuse the issuing of an instrument is advertised in the following Monday s The West Australian newspaper and on DER s website to notify the applicant and any third parties of the decision. Where a decision is appealable, more information can be found in section 3.9 of this Guide. A flow chart depicting DER s works approval application process is shown in section Work that is covered by the works approval Site preparation works, such as clearing, levelling and installation of access roads can be undertaken without a works approval. Other construction work that is unrelated to the activity that causes the premises to become prescribed, and does not result in discharges of waste, can also be undertaken without a works approval. Preparatory works that are inherently linked to the infrastructure to be constructed where the purpose of the works is for the control, management and mitigation of an emission or discharge of waste must be undertaken under a works approval. This includes, but is not limited to, construction of hardstands, laying of pipework, stormwater diversion bunds and drains. From the commencement date of the works approval, construction may begin for those works that have been approved however if an appeal is received on the granting of conditions of a works approval, works are at the applicant s risk. See Section 3.9 for further details on appeals. 10

11 Works approvals are generally issued for a three year period during which the works are approved for construction and completion. A works approval can be issued for a longer period at DER s discretion. An applicant must identify the need for a longer works approval during the scoping phase of the application. If the works have not been completed before the expiry date, an application to extend the expiry date can be submitted providing the proposal has not changed. Amendments to the works approval may also be proposed to DER. An application for an amendment may require additional information to be submitted to DER for a further environmental assessment. If a significant change is proposed, DER may determine that a new works approval application is required. To operate the works approved under the works approval, a licence under the EP Act or registration under the EP Regulations is required. If a licence or registration has previously been granted by DER for the premises an amendment to the existing approval may be required. Application forms for a registration and amendment can be found on DER s website at and a licence can be applied for in ILS. More detail on this process can be found in Section 3.2, 4.0 and 6.0 respectively. 2.9 Compliance document It is a condition of a works approval that a compliance document is to be submitted to DER following completion of the works. The compliance document verifies that the works have or have not been completed in accordance with the conditions of the works approval and the supporting documentation referenced in the works approval. The occupier signs that they have (or have not) complied with each of the conditions, and submits their report. Submission of the signed compliance document completes the works approval process and allows for the new licence, licence amendment or registration to be issued for the operation of the facility. The compliance document needs to be submitted as soon as the works are complete. Where there have been changes or alterations to the works from those approved under the works approval, this needs to be clearly stated in the compliance document and justification provided for the deviations. Under section 57 (3)(b) of the EP Act, DER must not issue a licence or amend a licence where works have not been completed as per the conditions of a works approval. Upon receipt of the compliance document, DER may undertake a site visit to conduct a compliance audit. Once it is agreed that all conditions of the works approval have been met and DER is satisfied all works have been completed appropriately, DER will issue or amend your licence, or issue a registration, (whichever is required). Top right Photo - DER / Right Photo - DER 11

12 2.10 Staged works approvals For some projects, works may need to be completed in multiple stages to allow infrastructure to be brought into operation whilst construction is ongoing or planned for a future date. Staged works approvals can be managed by having: one works approval with multiple stages for the works relating to various prescribed activities; or multiple works approvals for various stages of the project. Where there are multiple stages for the works approval, DER will place a requirement in the works approval, for the submission of a staged compliance document at the completion of each stage of works. A licence will be required for operation of the works for each stage. DER encourages applicants to undertake the relevant forward planning and engineering and consolidate projects into one works approval. This allows for more efficient and effective processing of their application and reduces administrative processes for DER and the applicant. It is highly recommended that applicants detail staging and timing of works in the works approval application Commissioning The EP Act allows DER to place conditions relating to the commissioning of certain components in the works approval. This allows the premises to test, trial or operate part of the project for a limited time and discharge or emit waste into the environment without a licence or registration. DER generally allows three months for wet and dry commissioning as part of the works approval and will apply appropriate works approval conditions to regulate the commissioning process. Where commissioning is proposed, DER will require a commissioning plan to be submitted in the works approval application. For more details on drafting a commissioning plan, see the Industry Regulation Guide to Application Requirements. Commissioning under a works approval does not remove the obligation of the works approval holder to control, manage, monitor and report emissions and discharges of waste during the period of the works approval. It also does not remove the requirement to apply for a licence or registration before the operation of the works. Above Photo - DER 12

13 3. Licences 3.1 What is a licence? A licence is a statutory tool that allows the occupier of a prescribed premises (as defined in Schedule 1 of the EP Regulations) to operate. Under section 56 of the EP Act, it is an offence to discharge waste or cause an emission, unless done so in accordance with a licence. Furthermore, you cannot cause or increase an emission or alter the nature of the waste, noise, odour or electromagnetic radiation emitted, unless in accordance with a condition of your licence. You must obtain a DER licence before commencing operations on a new premises. For existing premises you must obtain a new licence before your current licence expires. It is your responsibility to submit your application in sufficient time to allow assessment and approval before you start operations or your current licence expires. A licence contains conditions with which the occupier must comply. These conditions are set in order to minimise risk to the environment, in accordance with Sections 49 and 56 of the EP Act. The types of conditions that can be applied to a licence are detailed under section 64 of the Act. Generally DER issues licences for a period of between one and five years. The length of a licence is determined on a case by case basis, taking into consideration the type of operation, location, potential for impact on the environment, stakeholder concerns, and any history of regulatory compliance. Licences are reviewed by DER from time to time to ensure that the conditions set are relevant and up to date with best environmental practices. 3.2 Licence applications Under section 57 of the EP Act, a licence application must be: (a) made in the form and in the manner approved by the CEO (b) accompanied with the correct fee prescribed in the regulations (c) supported by such plans, specifications and other documents and information, including a summary thereof, as the CEO requires. The application process for a licence is very similar to that of a works approval. See section 2.4 for further information on the application process. 3.3 Licence fees Application fees for a licence are covered in section 57 of Part V of the EP Act and annual licence fee submissions must be in accordance with part 3 of the EP Regulations. Licence fees are based on two components which are specified in schedule 4 of the EP Regulations: the prescribed premises type (part 1 premises component) any prescribed discharges into the environment (parts 2 and 3 discharges component). Regulations 4(6) and 4(7) of the EP Regulations list the amounts applicable to fee units for the premises and discharges components, which at the time of writing this guide are $29.20 and $41.00 respectively. The total fee payable is the sum of the fees for both components: = (premises component fee units x $29.20) + (discharge component fee units x $41.00) 13

14 Licence fees are paid for each licence fee period of the licence. A licence fee period is the 12-month period from the date of issue of the licence until the anniversary of that date. Each subsequent 12-month period after that is also a licence fee period. Licence fees are charged on a pro-rata per day basis. Premises fees The premises fee is based on the production or design capacity of the prescribed activity. Schedule 4, part 1 of the EP Regulations lists the categories of prescribed premises and allocates fee units to different levels of production or design capacity for each category. The term production or design capacity is critical for the administration and enforcement of the EP Act but is not defined in the EP Act or the EP Regulations. DER s position is that the production or design capacity is the maximum throughput or rate that an installation is designed for, if operated 24 hours a day, 365 days a year. For many premises the operations may be technically or legally restricted to a lower production level and the applicant must justify this in their licence application. If the applicant can demonstrate this, the licence granted to the premises will limit the annual throughput accordingly. If circumstances change and an increased capacity is needed, an application to amend the licence will be required. Every premises will have specific local factors that could limit capacity and each category of premises is likely to have common restrictions that apply across that particular sector. DER is preparing guidance on how to interpret production or design capacity for prescribed premises. Factors that limit capacity could include, for example: restricted daily operating hours set under a local government planning scheme batch reaction or processing times critical to product quality criteria limitations of key process stages non production periods for maintenance, working time restrictions, operational safety and hygiene requirements. A simple undertaking from an applicant not to exceed a threshold or declared working practice is an unreliable guide to the real capacity of installation premises. Similarly, a constraint that could be easily removed without significant effort will not be considered a valid limitation on capacity. In all cases applicants should speak to their local DER officer to agree the capacity of their premises. Where a site includes more than one prescribed premises category, the production or design capacity of each must be entered into the Industry Licensing System (ILS) which will calculate the fee automatically. The fee is based on the category incurring the highest fee as specified under regulation 5D(2) of the EP Regulations. Discharge fee Schedule 4 of the EP Regulations allocates discharge fee units to specified amounts of different kinds of waste that may be discharged into the environment. There are two discharge components to consider: Part 2 waste components Part 3 discharge components (air, land and water discharges). 14

15 Part 2 waste fees Most prescribed premises categories in Schedule 1 of Part 1 of the EP Regulations only have to consider Part 3 discharge components. However, premises within categories specified in regulation 5D(1a)(b) of the EP Regulations are permitted to only pay discharge fees for Part 2 waste. These premises categories are listed in Appendix B. Regulation 5D(6) of the EP Regulations defines Part 2 waste as waste consisting of: tailings bitterns water to allow for mining of ore flyash, or waste water from a desalination plant. The discharge fees for premises permitted to pay discharge fees for Part 2 waste are only applied to the Part 2 waste components; the Part 3 waste components of those discharges do not need to be calculated separately. Premises within categories not listed in reg 5D(1a)(b) may also discharge these wastes but must pay their fees based on Part 3 components of those discharges. The Part 2 waste fee units that apply to different levels of discharge quantities are specified in Part 2 of Schedule 4 of the EP Regulations and fees are calculated by looking up the fee units applicable to the total Part 2 waste amount and multiplying by the amount applicable to each fee unit. Part 3 discharges air, water and land discharges Regulation 5E of Part 3 of the EP Regulations covers the determination of amount under Schedule 4 Part 3. DER accepts fee calculations for Part 3 discharge components for annual licence fees and licence applications based on any of the following options: (1) The rate at which waste is permitted to be discharged from the premises during the licence period, averaged over the licence period. This means, based on the licence emission limits and the maximum premises operating period and rate defined in the licence. (2) Measurements of waste discharged from the premises in the year immediately preceding the licence period. The fees calculated in this manner must allow for increased emissions due to foreseeable changes to the premises operation in the coming year, eg additional operating hours, new plant. (3) Accurate calculations of the quantity of waste to be discharged from the premises during the licence period where the applicant or licensee has put in appropriate procedures for the accurate measurement of the waste quantity to be discharged from the premises. 15

16 Most licence application or annual licence fees are calculated based on actual measurements. Applicants wishing to calculate fees using the other options should contact DER to agree the methodology being proposed. The air, water and land discharge component fees are outlined in Schedule 4 Part 3 of the EP Regulations which comprises of two tables, each listing waste types and fee units applicable to specified discharge amounts. Table 1 covers discharges into air and table 2 covers discharges in to land or in to water. Above Photo - DER The discharge component fee depends on the amount and types of prescribed waste that are emitted into the environment, as well as the location of the receiving environment. For discharges into air, fee units are applied to each gram of waste kind released per minute. For discharges to water and land, fee units are applied to every kilogram of waste type discharged per day. Exceptions to this are colour and temperature alteration and for E. coli bacteria where fee units are applied to each megalitre of effluent discharged per day. Fees should be based on the maximum predicted quantity of each specified component of waste to be discharged from the premises in the next year, and expressed in the units specified for each kind of waste. Other waste components to be considered are those specified in a licence with an emission limit for that component. For a new licence application estimate a fee for emissions based on which are expected emissions limit and refer to DER for advice on this if necessary. Part 3 discharge components are only applicable to point source emissions and fugitive emissions should be excluded. Note that for some waste types, higher fee units apply in areas where the environment is more sensitive, such as for premises located in the Swan Coastal Plain [the area defined in schedule 1 to the Environmental Protection (Swan Coastal Plain Lakes) Policy Approval Order 1992], the metropolitan region [Metropolitan region as defined in the Planning and Development Act 2005] and the sea north of the Tropic of Capricorn. Discharge fees apply to the discharge point so premises located on the boundary of a sensitive area need to check whether the discharge is inside or outside the specified area. This could apply to water discharges from ocean outfalls for example. Regulation 5E(4) of the EP Regulations sets 50 per cent higher fees for some discharges within or into areas subject to an Environmental Protection Policy (EPP), providing that the waste component and standards for that emission are set in the EPP. This could apply, for example to the Environmental Protection (Goldfield Residential Areas) (Sulphur Dioxide) Policy 2003 where emissions of sulphur dioxide from plants outside the EPP area have an impact on the area. 16

17 3.4 Annual fee If a licence is issued for more than one year an annual licence fee must be paid before the anniversary date of the licence. The annual fee is the fee that would otherwise be required should the licence application be submitted each year. This requirement is detailed under Regulation 5DA of the EP Regulations. Annual fee submissions are made online through ILS using an AIN which can be provided by the local DER office. DER will verify the fee information provided in the submission and send an invoice based on the information you submitted. Late payment fees can apply to the annual fee due before each anniversary of the issue of a multiple year licence. Under regulation 5DA(4) if the licence holder does not pay the fee due by the anniversary date, but pays it within one month of the due date, the licence holder must pay an additional fee of 10 fee units. DER encourages licensees to provide their fees on time by sending annual fee reminder letters to holders of multiple year licences six weeks before the licence fee end date. Under regulation 5DA(5) of the EP Regulations, if a licensee does not pay their annual fees within a month after a licence anniversary date the licence ceases to have effect and a new licence application must be submitted. Continuing to emit or discharge without a current licence is an offence under section 56 of the EP Act. 3.5 Refunds Under some circumstances a fee refund may be applicable in whole or in part. If you think you qualify for a refund, please complete and submit Refund Application Form P5. Licence fees can be refunded in full or in part, for premises and discharge components. Refunds of premises fees may be given if the premises ceases to be prescribed during the period of the licence. A refund application must be accompanied by written confirmation that the premises is no longer operating as a prescribed premises. Refunds are calculated from the day the refund application is received or the date the premises ceases to be prescribed if that is later. Backdated refunds are not granted. Applications for discharge fee refunds may be submitted within three months after the end of the term of the licence. Refunds of discharge fees may be given if the CEO is satisfied that the quantity of waste discharged from the premises during the term of the licence ( the actual discharge ) is less than the quantities predicted in the licence application under regulation 5E(2) or (3) where they were used to determine that amount. Refunds are not applicable for discharge fees calculated under regulation 5E(1) the permitted amount based on the maximum licence limits. If a licensee determines that the quantity of waste discharged from their premises during the period of their licence (the actual discharge) is less than the projected quantity used as the basis for determining their licence application fee, a refund of the difference may be sought. 17

18 3.6 DER s assessment process The timeframe for DER to complete the assessment of the licence application begins on the date DER receives the completed application. DER has a target timeframe of 60 business days to process all licence applications. Screening, verification, invoicing, advertising and public comment, assessment, preparation of the draft licence and EAR/DD, peer review and review of applicant comments are designed to occur within the 60 day target timeframe. A licence application can be assessed in parallel to a works approval application where it is practical to do so. DER will cease processing the licence application once the works approval is issued and will recommence processing the licence application once an appropriate works approval compliance document is received. The assessment process for a licence application under section 57 of the EP Act is the same process DER follows for works approvals. Please see section 2.4 for more information. 3.7 Once you receive your licence A licence under the EP Act grants you approval to operate your prescribed premises. Once the licence commences, the occupier must manage, operate, monitor, report and undertake any relevant actions in accordance with the conditions of licence. Licences can be amended either by request of the occupier or by DER initiating an amendment. A licence application must be submitted before the expiry of the licence, to allow for the licence to be reissued. The EP Regulations require that an application for licence (reissue), including payment of fees, is submitted to DER more than 70 days before the existing licence expiring. Late fees may be incurred if licence applications are not submitted on time. Please refer to section 3.4 for information on late fees. The process of applying for a licence reissue is the same as that for a new licence and is detailed in section 3.2 of this guide. 3.8 If you no longer require a works approval or licence A works approval or licence application may be withdrawn by the applicant at any time during DER s assessment process. The applicant should provide written advice to DER detailing the reasons for the withdrawal and may seek a refund. Under Regulation 5O of the EP Regulations, the CEO may grant a refund, either the whole or in part, for a works approval or licence fee where an application has been withdrawn. The fee will be refunded on the basis of the amount of work and the progress made on the assessment of the proposal undertaken by DER to date. DER will write to you advising that the application has been withdrawn and provide you a refund where appropriate. Under the provisions of sections 59A and 59B of the EP Act, DER may revoke or suspend a works approval, if it has a valid reason to do so. This may include written notice from the occupier who wishes to voluntarily suspend their works approval or licence as the premises is no longer prescribed or operations have ceased onsite. The grounds for revoking or suspending a works approval or licence include: (a) the CEO is satisfied there has been a breach of any of the conditions: (i) to which the works approval or licence is subject; or (ii) to which a works approval granted to the licensee was at the time of that breach subject. (b) the premises to which the licence relates are exempted by the regulations from requiring a licence (c) information contained in or supporting the application was false or misleading in a material respect 18

19 (d) the current business address of the works approval is unknown; or (e) the holder of the works approval has applied to the CEO to surrender the works approval or licence. DER will provide written notice of its intention to revoke or suspend a works approval or licence and the occupier is given 21 days in which to provide written comment to DER. DER will then consider those comments and revoke or suspend the instrument. The decision will be advertised in The West Australian newspaper and on DER s website to notify the occupier and any third parties. More information on appeals relating to revoked and suspended licences and works approvals can be found in section 3.9. The CEO may grant a refund to the holder of a licence under Regulation 5O of the EP Regulations where the instrument has been revoked and the instrument is yet to expire. Licence holders who wish to apply for a refund should submit a completed Form P5 to the DER for consideration. As a general rule, DER may refund the licence fee for the remainder of the licence period as the fee is charged on a pro-rata, per day basis. A holder of a works approval is not entitled to receive a refund for the works approval fee for works that have not been undertaken or partially constructed or where a works approval has been revoked. This is because a works approval fee is an assessment fee and is based on the cost of works and not on a pro-rata basis. 3.9 Appeals There is provision under the EP Act for the applicant or any other party to appeal against a refusal to grant a licence or works approval or appeal against any specification of the conditions of a works approval or licence. Any appeal must be lodged at the Office of the Appeals Convenor together with a fee of $50.00 (2012), within 21 days of the granting of a works approval, licence or amendment. In the case of an appeal against a refusal to grant a works approval or licence, a transfer or refusal to transfer, a revocation or specification, or an appeal lodged by a third party regarding an amendment, the decision being appealed continues to have effect until the appeal has been determined. Where an appeal is lodged by the holder of the licence or works approval in respect of an amendment, the EP Act provides that the amendment is deemed not to have effect until the appeal is determined by the Minister for the Environment. The Office of the Appeals Convenor will investigate the appeal and provide a report and recommendations to the Minister for a determination. More detail on the appeals process can be found at the website of the Office of the Appeals Convenor at If the works approval holder begins construction before the 21-day appeal period closes and the Minister s determination has not been finalised, the holder runs the risk of conditions of the works approval being changed and may have to re-construct parts of the facility. If no appeals are received, the works approval continues subject to the conditions as issued. 19

20 4. Registrations 4.1 What is a registration? A registration is a certificate granted under Regulation 5B of the EP Regulations. It has no expiry date and does not contain conditions. Registered premises are seen by DER as having a lower potential to pollute the environment and therefore do not need to be regulated to the same degree as those prescribed premises (Schedule 1 Part 1 of the Regulations) that require a licence to operate. A registration allows DER to maintain a record of where these premises are located and who is operating them. Under Regulation 5A of the EP Regulations an occupier of Schedule 1 Part 2 prescribed premises may apply for a registration instead of a licence. Schedule 1 Part 2 prescribed premises are categories 68 to 89, as listed in the EP Regulations. These premises are required to obtain a works approval to construct, then either a licence or a registration to operate. During the works approval application process, you should discuss with DER whether a licence or registration is appropriate for the operation of the premises. DER s advice will be based on environmental risk, whether there are industry specific regulations for the prescribed premises, whether the occupier of the premises has a good environmental record and whether there are any existing licences or registrations that apply to the premises. Operational activities that occur on registered premises may be regulated through one or more codes of practice, guidelines or industry specific regulations such as the: Environmental Protection (Abrasive Blasting) Regulations 1998 Environmental Protection (Rural Landfill) Regulations 2002 Environmental Protection (Concrete Batching and Cement Product Manufacturing) Regulations 1998 Environmental Protection (Abattoirs) Regulations 2001 Environmental Protection (Fibre Reinforced Plastics) Regulations Copies of these regulations can be found on the State Law Publisher s website at Once registered, if the occupier operates the premises in a manner which is detrimental to the environment or is convicted of an offence against the EP Act or the EP Regulations, then the CEO can revoke the registration. The occupier will then need to apply for a licence should they wish to continue operating. If the occupier of a prescribed premised that is registered wishes to undertake works or alter emissions they will need to determine whether a works approval is required. Under Regulation 5M of the EP Regulations, if there is a change to the information provided to DER in the application for registration, or the operation has changed since the registration was granted, the occupier must notify DER in writing of the change. There is a maximum penalty of $5,000 should the occupier fail to notify DER of any change. If the proposal has significantly changed the occupier may need to submit a new works approval application or apply to amend the particulars of the current registration. \ 20

21 4.2 How to apply for a registration The application process for a registration is similar to that for a licence. When an occupier submits an application for registration of a premises the application must meet the following requirements as set out in regulation 5B(2) of the EP Regulations. An application for registration is to be: (a) in a form approved by the Chief Executive Officer (b) made by the occupier of the premises (c) accompanied by a plan showing the boundaries of the land on which the premises are situated and the layout of the premises (d) accompanied by a fee of 24 units unless the occupier of the premises holds a licence in respect of the premises. If the application meets the requirements of Regulation 5B(2) of the EP Regulations, the CEO will register the premises. A copy of the registration will be provided to the applicant. There are no appeal rights for registrations. 5. Public availability of works approvals, licences and registrations Copies of all licences and works approvals issued by DER are available on our website. Copies of works approval and licence applications, are available to the public on request. Registrations are not publicly available but the details of registered premises can be obtained from DER without charge. Monitoring data and periodic reports relating to works approvals and licences are also available to the public on request. If an applicant has notified DER that their application contains confidential information, a Freedom of Information (FOI) application is required for third party access. Applicants will be notified if a FOI request for documents marked commercial and in confidence is received and provided an opportunity to provide advice to DER, before those documents being released. If documents are then deemed confidential, the appropriate confidentiality provisions will be adhered to. For more information on what is publicly available please see DER s Information Statement and the Industry Regulation Guide to Application Requirements. 6. Amendments 6.1 Amendments to works approvals or licences A works approval or licence can be amended at the initiation of DER (section 59(1)) or at the request of the holder of the instrument (section 59B(5) of the EP Act). The types of amendments include the following: removing or varying any condition to which the works approval or licence is subject adding a new condition redescribing the boundary area of a premises redescribing the purpose of the works approval or licence correcting a mistake, unintentional error or omission correcting a figure that has been miscalculated correcting a misdescription of any person, thing or property making an administrative change to the format of the works approval or licence which does not alter the obligations of the occupier of the premises to which the works approval or licence relates; 21

22 adding a discharge point or emission point deleting any discharge point or emissions point amending the works approval or licence in conformity with an approved policy or prescribed standard or with an exemption conferred under this Act amending the works approval or licence to give effect to a decision of the Minister extending the duration or the works approval or licence. If an applicant makes an application for an amendment to a works approval or licence, the application must be: (a) made in the manner and form approved by the CEO; (b) accompanied by a fee determined by the relevant EP Regulations; and (c) supported by any plans, specifications and other documents and information required by the CEO and include a summary of that supporting documentation and information. The information required to meet the requirements of part (c), is discussed in detail in the Industry Regulation Guide to Application Requirements. Applicants who wish to apply for an amendment to their works approval or licence should contact the DER regional office for advice. An AEF outlining the amendments they propose must be submitted to DER for more advice and assessment. Should an applicant wish to relocate their premises to another site, a works approval will be required for construction and a licence to operate. DER cannot amend the works approval or licence to apply to another site. Please note that applications for amendments are not currently available through the ILS. Please use the P4 form available from the DER website for the application. The process for a DER initiated amendment and an amendment proposed by an applicant are the same. DER will provide formal written notice of its intention to amend the licence or works approval and applicants have 21 days in which to provide written comment to DER. Should the amendment be a significant proposal, DER may determine that the proposal requires public comment and the proposal will be advertised in The West Australian newspaper and on DER s website. Once comments have been considered, DER will amend the licence or works approval and advertise in The West Australian newspaper and on DER s website to notify the applicant and any third parties of the decision. More information on appeals against amendments can be found in section Amendments for registrations Registrations cannot be amended. Instead, registrations can be revised to change material details. Should you wish to change details on your registration such as your postal address, name of the premises or include a new prescribed activity as a result of a works approval being granted, you should highlight the changes in a completed Form P4 and submit this to DER. 6.3 Changing the type or scale of activity on prescribed premises Licence conditions relate to the type of activity described in your licence application. If the type, nature or scale of an activity is proposed to be changed, advice must be sought from DER in advance as the change may require a works approval or an amendment to the existing licence. If the change in your type of activity means that a licence is no longer needed, then the occupier should apply to DER to surrender the licence in accordance with section 59B of the EP Act. Where a site is proposing to go into care and maintenance, the occupier must notify DER. A licence may still be required for ongoing management, monitoring, reporting of emissions and discharges from the premises during this period, and for closure. 22

23 7. Transfers Works approvals and licences can be transferred from one occupier to another. Under section 61 of the EP Act, a person who becomes an occupier of a prescribed premises must: comply with the conditions of an existing works approval or licence notify DER of the change of occupier within 30 days. This notification must be in the form of a Form P4 application to transfer or amend a licence, works approval or registration. An application for a transfer must be: (a) made by the person who is the new occupier in the manner and form approved by the CEO (b) accompanied by a fee as determined by the EP Regulations; and (c) supported by any plans, specifications and other documents and information required by the CEO and include a summary of that supporting documentation and information. Upon receiving the application for a transfer, DER will determine if it meets the requirement for an application and if so, will forward an invoice for the transfer fee. The CEO will either refuse or grant the transfer of the licence or works approval. The decision to refuse or grant a transfer will also be advertised in The West Australian newspaper and on DER s website to notify the applicant and any third parties of the decision. Registrations cannot be transferred. Instead, registrations can be revised to change occupier details. Should you wish to have a registration transferred into your name, please complete the Form P4 and submit this with the relevant fee to DER. Please note that the occupier details are the only aspect of your works approval, licence or registration that can be changed as part of a transfer. Should you wish any other aspect of the document amended, an amendment application will need to be submitted to DER. Photos - DER 23

24 8. Offences under Part V of the Environmental Protection Act 1986 The EP Act sets out a range of offences under Part V. These include, but are not limited to: constructing a prescribed premises without a works approval altering a prescribed premises without a works approval, licence or regulatory notice causing emissions from non-licensed prescribed premises breach of works approval or licence conditions failure to provide a monitoring report, analysis of the data or failing to carry out the monitoring program under a condition of licence or works approval non compliance with a condition of a environmental protection notice, closure notice or prevention notice. If any of the above offences are committed, DER may take appropriate enforcement action in accordance with the DER Enforcement and Prosecution Policy. 9. Frequently asked questions (FAQs) What is a prescribed premises? If the activity proposed or currently undertaken on the premises is listed in Schedule 1 of the EP Regulations, the premises is prescribed. To find out if the activities fall under one of the prescribed premises categories occupiers should read Schedule 1 of the EP Regulations (or refer to Appendix B of this document), contact DER or complete an Application Enquiry Form. What is an Application Enquiry Form? An Application Enquiry Form (AEF) is a form completed by applicants to outline their proposal. The form allows DER to make a determination on whether or not an application for a works approval, licence or amendment is needed. The AEF should be one of the first steps in an application process. More information on AEF s can be found in section 2.2. Where can I obtain an AEF? AEF s can be downloaded from DER s website at licensing-and-regulation or contact your local regional office (details in Appendix A). What happens after I submit an AEF? After an AEF is submitted, a DER Regional Officer will contact the applicant. A copy of the AEF and a confirmation letter will be sent outlining the outcome of DER s assessment, whether a works approval, licence or amendment is required, and information on undertaking a scoping meeting (if required). More information on scoping can be found in section

25 Is there anything I need to do before I apply for a works approval or licence? It is highly recommended that applicants read this guide, the Industry Regulation Guide to Application Requirements and if necessary schedule a scoping meeting with DER to ensure the application meets the requirements for assessment. If the application does not meet the requirements the CEO may decline to deal with the application. How do I access the application form? Applicants will need an Application Identification Number (AIN) to access the online application form through the Industry Licensing System (ILS) on the DER website at AINs can be obtained by contacting the local DER Regional Office. See Section 2.4 for more information on AINs. A test form is on the ILS website if applicants wish to become familiar with the form before the issuing of an AIN. Please note that applications for transfers, amendments and refunds are not currently available through the ILS. Please use the P4 and P5 forms from the DER website for these kinds of applications. DER recommends that applicants speak to a DER Regional Officer before submitting an application to ensure that the application requirements can be met. What else do I need to provide with my application? You will need to provide all the supporting documents pertaining to your proposal to enable DER to assess your application and determine if the works approval or licence is to be granted. Guidance on this information can be found in Industry Regulation Guide to Application Requirements and on ILS. How long will it take to have my works approval or licence application processed? DER has a target of 60 working days for processing a works approval or licence application. How much time do I have to apply for a Works Approval? You will need to have the project developed to a sufficient standard where you can provide the level of detail required, such as background monitoring data and pollution control equipment. Generally this occurs after the detailed design phase of a project. Can a works approval be completed in multiple stages? Yes. For larger or complex projects this may be the preferred option for the management of various stages of construction and commissioning. Staged works approvals can be managed by having: one works approval with multiple stages for the works relating to various prescribed activities; or multiple works approvals for the project. See section 2.10 for more information. When do I need to apply for my licence? You must obtain a DER licence before commencing operations (new premises) or before your current licence expires (existing premises). It is your responsibility to submit your application in sufficient time to allow assessment and approval before you start operations or your current licence expires. 25

26 How long does my works approval and licence last? Works approvals are valid until the expiry date specified on the works approval. They are generally issued for a period of up to five years, however the EP Act provides the opportunity to issue works approvals for longer periods. More information on this can be found in section 2.8. The duration of a licence is determined on a case by case basis, taking into consideration the type of operation, location and impact on the environment, stakeholder concerns and regulatory compliance. Licences are reviewed by DER from time to time to ensure that the conditions are relevant and up to date with environmental best practices. More information can be found in section 3.1. What happens if I purchase a premises that holds a works approval, licence or registration? Works approvals, licences and registrations can be transferred to a new company. The new occupier must comply with the conditions in the works approval and licence from the date they take ownership of the premises. The new occupier must also apply to transfer the works approval, licence or registration to another occupier, using the P4 Application for Amendment or Transfer of a Works Approval, Licence or Registration form within 30 days of taking ownership. See section 7 for more information. It is an offence to fail to appropriately notify DER. Can I amend or extend my works approval or licence? Yes, a works approval or licence may be amended or extended, either: with an application from the holder of the works approval or licence; or on the initiative of DER. Section 59(1) of the EP Act states ways DER may amend a works approval or licence. For more information on amending or extending a works approval or licence, please see section 6.1. What happens if I change the type or scale of my activity? Licence conditions regulate the type of activity described in the licence. If the type, nature or scale of the activity is proposed to be changed, the occupier must advise DER of the proposal in writing as the change may require a works approval or amendment to an existing licence. To provide information of the proposal to DER an AEF may be submitted. See section 2.2 and 6.3 for more information. What if I no longer need a licence or works approval? If an occupier no longer needs a works approval or licence that has been issued by DER, they may apply to surrender it in accordance with section 59B of the EP Act. An application for a works approval or licence currently being assessed by DER may be withdrawn at any stage of the process by written notice from the applicant. For more information on surrendering or withdrawing an application and the refund that may be applied for, see section 3.8. Can a works approval or licence be revoked or suspended? Yes, DER may under the provisions of 59A and 59B of the EP Act, revoke or suspend a works approval, if they have a valid reason to do so. Before DER revokes or suspends a works approval or licence DER will give the occupier written notice and allow 21 days for written comment before revoking or suspending. The grounds for revoking or suspending a works approval or licence and the process to be undertaken is detailed in section 3.8 of this document. 26

27 Can I appeal a works approval or licence decision? An occupier may appeal against the refusal to grant a works approval, licence or transfer, an amendment to a licence or any specification of the conditions of a works approval or licence. DER will seek comments from applicants before issuing a works approval or licence to ensure that concerns are addressed and changes made where required. Any appeal must be lodged at the Office of the Appeals Convenor together with a fee of $50.00, within 21 days of granting of a works approval, licence or amendment. See section 3.9 for more details. Can anyone else appeal a works approval or licence decision? Whenever a new or amended works approval or licence is issued or refused by DER, this is advertised in The West Australian newspaper. This provides any third party notification of DER s decision and an opportunity to submit an appeal within the 21-day appeal period. An appeal can be made against: refusal to grant a works approval or licence refusal to transfer a works approval or licence conditions specified in a works approval or licence amendment. More information on appeal and the appeals process can be found in section 3.9. Can I start construction of my works as soon as I have my works approval? Yes, however if the works approval holder begins construction before the 21 day appeal period and there is an appeal, the holder runs the risk of the construction requirements being changed (subject to the Minister s appeal determination), and may have to re-construct parts of the facility to comply with the final approval. If no appeals are received, the proposal continues subject to the issued conditions. Will information about my works approval or licence be available to the public? Copies of all works approvals, licences and registrations issued, as well as their corresponding applications, are publicly available. However, if the applicant has notified DER that the application contains confidential or commercial information, a Freedom of Information (FOI) application is required for a member of the public to access those parts of the document to which confidentiality applies. More information on commercial or confidential information and information available to the public can be found in Section 5. Above Photo - DER 27

28 What happens if I don t apply for a works approval or a licence and I need one? Offences related to works approvals and licences, include: failure to obtain a works approval for the construction of a prescribed premises (Section 52 of the EP Act) failure to obtain a works approval for an existing prescribed premises where there is a change to an emissions or discharge or where works are proposed failure to obtain a licence or registration for the emission and discharge of waste into the environment (Section 56 of the EP Act). If any of the above offences are committed, DER may take appropriate enforcement action in accordance with the DER Enforcement and Prosecution Policy which is available from If I don t need a licence, do I need to do anything else? If you cease to operate and you no longer require a licence or registration, you still have obligations under other sections of the EP Act (e.g. Section 49), to ensure you are not causing pollution or producing unreasonable emissions. How much will my works approval or licence cost? Information on fees is provided in Sections 2.5 and 3.3 of this guide. Fees will differ depending on capital works expenditure, production output and discharges to the environment. Using the 1 July 2012 $29.20 cost per fee unit, the costs for a works approval can range from about $438 for works costing less than $10,000 to $41,026 for works costing more than $100,000,000. Licence fees are made up of two parts: premises fees and discharge to the environment fees. Premises fees can be as low as $234 for a facility with low production levels and up to about $87,600 for a facility with high production levels. Discharge fees are based on discharge levels to the environment and are not estimated here. You can use the ILS fee calculator worked example facility to check how much the fees may be. What is the annual fee? An annual fee is the fee that is submitted annually for those licences that are issued for more than one year. The annual fee is required to be paid by the anniversary date of the grant of the licence. If the annual fee is not paid the licence may cease to have effect and becomes invalid. An offence may be committed if the premises continues to operate after the expiry of a licence. For more information on annual fees, see section

29 Appendix A - DER Offices SWAN Locked Bag 104 Bentley Delivery Centre 6986 MIDWEST PO Box 72 GERALDTON WA 6531 GOLDFIELDS PO Box KALGOORLIE WA 6432 PILBARA PO Box 835 KARRATHA WA 6714 Tel (08) Fax (08) Tel (08) Fax (08) Tel (08) Fax (08) Tel (08) Fax (08) SOUTH COAST 120 Albany Highway ALBANY WA 6330 SOUTHWEST PO Box 1693 BUNBURY WA 6231 KIMBERLEY PO Box 942 KUNUNURRA WA 6743 WHEATBELT 75 York Road NORTHAM WA 6401 Tel (08) Fax (08) Tel (08) Fax (08) Tel (08) Fax (08) Tel (08) Fax (08) Above Photo courtesy of Peter Knol 29