Before you dig: you may need a permit

Changes to Victoria’s environment laws in 2021 mean permits are now needed for some mining or extractive industry activities impacting aquifers, explained below by EPA.

These permits help manage waste and pollution risks across the state. They also help you comply with the law, meet your obligations and align with the general environmental duty, which makes it everyone’s business to protect human health and the environment.

If you are planning, mining or extractive industry activities

Consider if your activities discharge or deposit waste either underground or at ground level that could make its way to an aquifer. For example, sludges or slurries deposited underground or at ground level, or drilling muds that contain hazardous substances.

In your assessment, understand:
• waste can be solid, liquid, gaseous or radioactive matter
• waste – like sludge and slurries – includes discharge and seepage into an aquifer, not just direct deposits
• an aquifer doesn’t have to hold groundwater, just be capable of holding groundwater.

If your activities run this risk, you may have to apply for an A18 permit or permit exemption from the Environment Protection Authority Victoria (EPA).

Doing these activities without a permit is an offence

You are required to hold an A18 permit or permit exemption before starting any new activities.

If you started or expanded activities before the new permit requirement, you will need to apply to cover these activities too.

There are exceptions
You don’t need a permit if you:
• already have an EPA licence which details how you will discharge or deposit waste
• are following relevant guidelines (published or approved by EPA) on how to inject water or chemicals to remediate groundwater in the aquifer
• are following the Greenhouse Gas Geological Sequestration Act 2008 when discharging or depositing waste to an aquifer.

Applying for a permit is easy online

You can find information on what you need and how to apply, as well as the online form on EPA’s website:
https://www.epa.vic.gov.au/for-business/permissions/permits/how-to-apply-for-an-a18-permission-to-discharge-waste-to-an-aquifer

Once EPA has all the information it needs, you will be notified of the outcome within 42 business days.

Unsure if you need a permit?

Submit an enquiry through a permission pathway form at
www.epa.vic.gov.au/about-epa/publications/f1021

If you need help using this form, go to the guideline at www.epa.vic.gov.au/about-epa/publications/1995

Once EPA has all the information it needs, you will get a decision on whether a permit or permit exemption is needed within 2 weeks.

Fees

Information on permit fees can be found on EPA’S website at https://www.epa.vic.gov.au/for-business/fees#Permits

An A18 permit can only be issued by EPA

If you need an A18 permit or permit exemption, its required in addition to
• Any approvals required under the Mineral Resources (Sustainable Development) Act 1990 or Water Act 1989.

The permit process can occur alongside these other approvals.

However, if an Environment Effects Statement (EES) is required for a project, permits required under the EP Act are not assessed or exhibited during the EES process.

A permit remains in force for up to 5 years and can be renewed by applying to EPA.

What changed?

Under the Environment Protection Act 2017, you are now required to:
• apply for a licence for high-risk activities
• apply for a permit for medium-risk activities
• register for low-risk activities

A18 is a new type of medium risk activity that requires a permit or permit exemption.

For a full list of prescribed activities, go to Schedule 1 of the Environment Protection Regulations 2021.

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