GILG Member Environmental Licences, Plain English Explanations and Frequently Asked Questions

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What is the purpose of an environmental licence?

An environmental licence regulates Industry and ensures that the impacts of each industry on receiving environments are well understood and controlled.

These licences also ensure that industry implements controls and actions that will minimise their environmental impacts.

In many cases Industry sets internal targets that are beyond compliance with the license.

How is an environmental licence created?

The industry has to apply to the Department of Environment and Resource Management (DERM) for a licence to operate. DERM has replaced the Environmental Protection Agency (EPA).

It is the responsibility of the industry to ensure that all their impacts are assessed and understood. This information is provided to DERM.

DERM then assesses the information supplied by industry and develops a set of conditions that regulates the industry’s environmental emissions and discharges. There may also be other conditions on the licence, for example in relation to waste management.

Once DERM has developed these conditions, DERM may approach industry to review the conditions to ensure that the conditions are practical and enforceable. This is not a legislative requirement.

DERM then issues the final licence to the industry, regardless of whether the industry has consented to these conditions.

What does an environmental licence contain?

An environmental licence specifies ALL environmentally related activities that may be undertaken at the industrial site.

The licence includes conditions that set the minimum standard of environmental protection. These conditions may include processes for monitoring, recording, management and reporting discharges, permitted emission levels and incident notification.

What kinds of environmental licences are there?

An industry must have been issued with a Development Approval and a Registration Certificate to carry out their specified environmentally relevant activities.

What happens if an industry breaks an environmental licence?

If an industry breaks a licence there are a number of enforcement options for the regulator under the Environmental Protection Act (1994).

These include:

· Transitional Environmental Program (TEP),

· Environmental Evaluation (a mandated industry investigation and report to DERM),

· Penalty Infringement Notice (on the spot fine),

· Environmental Protection Order (EPO) (A specific instruction to stop an activity from happening),

· Prosecution (criminal offence administered through the court system),

· Restraint Order (a court order to stop plant).

Further information about DERM enforcement options is at: Enforcement Options

Information about recent DERM court actions is at: DERM Court Actions

How often are environmental licences updated?

The Environmental Protection Act (1994) lists the mechanisms which can change the conditions in an environmental licence.

These triggers include the regulator taking enforcement action, a change in the regulated processes of an industry or an industry request to change their conditions.

Major investigations such as Clean and Healthy Air for Gladstone (CHAG) project can also result in industry licences being opened for review.

GILG Member Environmental Licenses and Plain English Explanations

Boyne Smelter Limited (BSL)

Click here for a plain English explanation of the BSL Environmental Licence and Frequently Asked Questions

Click here for the BSL Environmental Licence

Cement Australia (CA)

Cement Australia's plain English explanation is currently unavailable

Click here for the CA Licence - Part A

Click here for the CA Licence - Part B

Click here for the CA Lime Kiln Environmental Conditions

Click here for a plain English explanation of the CA Environmental Licence and Frequently Asked Questions

NRG Gladstone Operating Services (NRG)