Environment protection licences

This page may be relevant if:

• You need to establish whether proposed works or operations require an EPL
• An application, proposed condition or EPA decision may affect the project
• A change in activity, capacity, premises or operator may require a licence change
• A transaction, closure or compliance issue requires review of an existing licence

What this usually means

• The Protection of the Environment Operations Act 1997 (NSW) requires licences for scheduled activities, which are activities listed in Schedule 1. Their definitions, thresholds and exclusions must be checked, together with any applicable exemption. Licensing may also be required for works to establish a scheduled activity, before operations begin.
• Most scheduled activities are licensed by reference to premises; some, such as certain waste transport activities, are licensed differently. The licence must cover the relevant work or activity, premises where applicable, and the person required to hold it. Licences can also regulate water pollution from activities that are not scheduled.
• Planning approval and an EPL are distinct permissions. Their assessment and timing may be linked, but one does not establish that the other is in place. Nor is an EPL a general permission to pollute: its conditions, applicable pollution laws and incident notification duties must be considered together.
• Licence conditions can control emissions, operating practices, monitoring, reporting and financial assurance. Changes to a licence require the appropriate statutory process. A sale or cessation of operations does not itself transfer or surrender the licence, and closure may leave continuing environmental obligations.

What commonly matters

1. 01

   The licence and the actual operation

   Check the licensed activity, premises boundaries, capacity and conditions against what occurs on site. Confirm who has management or control of the premises and whether an exemption covers the activity. A licence held by another entity should not simply be assumed to cover it.

2. 02

   Evidence, conditions and cost

   Pollution impacts, practical controls and the applicant's suitability can affect the decision. Technical reports should support workable proposed conditions. Assessment fees, monitoring, pollution controls and any financial assurance can materially affect feasibility; a licence application may be refused or approved on restrictive terms.

3. 03

   Changes, transactions and closure

   Establish whether an application for variation or transfer is needed before a change takes effect. For closure, assess residual pollution, remediation and monitoring. Surrender requires regulatory approval and can be refused or made subject to conditions; it should not be treated as an automatic end to responsibility.

4. 04

   Disputed decisions and ongoing duties

   Some licence decisions carry a right of appeal to the Land and Environment Court. The decision, applicant's position and applicable time limit must be checked promptly. An appeal does not automatically suspend a decision. For licence suspension or revocation, the Court has no jurisdiction under section 287 of the Protection of the Environment Operations Act 1997 to order a stay. Other appealable licence decisions have different stay provisions. Evidence, expert costs and prospects should inform whether to negotiate, amend the proposal or litigate.

How we help

• Advise whether an EPL is required and identify the correct licensing pathway
• Prepare and review the legal aspects of applications and supporting evidence
• Advise on licence conditions, variations, transfers and surrender
• Review licence and compliance risks in project changes, acquisitions and closure
• Respond to disputed decisions and act in available review or appeal proceedings