Eligibility criteria and standard conditions
Under the provisions of the Environmental Protection Act 1994, the administering authority (the Department of Environment and Heritage Protection) may approve eligibility criteria and standard conditions for an environmentally relevant activity (ERA).
Prior to 31 March 2013, the Minister had approved codes of environmental compliance (codes). These codes are now known as eligibility criteria and standard conditions. The eligibility criteria and standard conditions of these codes are taken to be eligibility criteria and standard conditions for the ERA until any new eligibility criteria and standard conditions take effect.
Any new operation commencing from 31 March 2013 that meets the eligibility criteria for an activity and all of the standard conditions, can make a standard application for an environmental authority (EA) to carry out this activity. The conditions that apply to the EA will be the standard conditions.
Where the operation cannot meet all the standard conditions, a variation application for an EA can be made. The EA will include the standard conditions as modified by any approved variations.
If the eligibility criteria cannot be met, then a site-specific application for an EA can be made.
Anyone holding a registration certificate to operate under a code before 31 March 2013 is automatically taken to have an EA for the ERA. The registration certificate becomes an EA and the standard environmental conditions of the code will become the standard conditions of the EA. The anniversary day of the EA is the anniversary day of the registration certificate.
Eligibility criteria and standard conditions have been developed for the following activities:
- Mining activities
- Small scale mining project guidance package
- Prescribed activities (on Business and Industry Portal)
- Petroleum activities
- Geothermal activities
Public consultation—draft ERA standards (including eligibility criteria and standard conditions) for certain prescribed ERAs
The consultation period on proposed updates to ERA standards due to the Environmental Offsets Act 2014 is now closed and responses are being considered.
Eligibility criteria and standard conditions for prescribed activities are available on the Business and Industry Portal.
Public consultation—draft ERA standard for ERA 57 – regulated waste transport
The consultation period on the ERA standard for ERA 57 is now closed and responses are being considered.
The existing code of environmental compliance for certain aspects of regulated waste transport (version 4) is available on the Business and Industry Portal.