Environmentally Relevant Activities
The Department of Environment, Tourism, Science and Innovation (DETSI) and local governments across Queensland are jointly responsible for regulating prescribed environmentally relevant activities (ERAs).
A prescribed ERA is one that has:
- the potential to release a contaminant into the environment; and
- the release of the contaminant will or may cause environmental harm.
DETSI has devolved certain prescribed ERAs to Townsville City Council, as shown in the table below:
| ERA Number | ERA Description |
|---|---|
| 6 | Asphalt manufacturing > 1.000t per year |
| 12 (1) (2) | Plastic product manufacturing |
| 19 | Metal forming > 10,000t per year |
| 38 (1) (a) | Surface coating for anodising, electroplating, enamelling or galvanising using 1-100t of surface coating materials a year |
| 49 | Boat maintenance or repair within 50m of a bed of naturally occurring surface waters |
DETSI maintains a public register of records related to the regulation of ERAs, in accordance with sections 540 and 540A of the Environmental Protection Act 1994. Through their Public Register Portal you can search, view and download a range of records.
For more information on local governments and ERAs, refer to Environmental Protection Regulation 2019.
Licensing Requirements
All operators of prescribed ERAs regulated by local government are required to hold both:
- environmental authority (EA), a permit issued under the Environmental Protection Act 1994 for resource activities (including mining, petroleum and gas) and prescribed activities
- development approval under the Planning Act 2016.
A development application is taken to be an application for an EA in particular circumstances (refer to section 115 of the Environmental Protection Act 1994).
Follow these steps for guidance on how to apply for an EA or development approval:
Step 1: Register of Suitable Operators
The first step in the process is that the entity (person or company) intending to operate a prescribed ERA must be a registered suitable operator (RSO).
Search the Register
DETSI maintains the list of RSOs which you can search to obtain your reference number or to see whether you are already registered.
Lodge your EA Application
Instructions to apply are available on the Lodging your environmental authority application page of the Business Queensland website.
Your application will be assessed, and you will be advised by written notice of the approval.
Your details, including your name and address will be included within a register of suitable operators and will remain on the register until your ERA is either suspended or cancelled.
Step 2: Contact Council to Confirm if Development Approval is Required
Refer to Council's Types of Development page for more information about the development approval process and forms.
Step 3: Submit Application for EA
Applications for an EA and development approval can be submitted together by completing the appropriate forms.
Fees
Application Fees
The EA application fees are listed in the Environmental Protection Regulation 2019. If a development approval is required, application fees to submit a development application are listed in the Schedule of Fees and Charges. The development assessment fee is payable upon submission of your application. The annual fee for the prescribed ERA is payable 20 business days after the EA takes effect. The take effect date can be nominated by the applicant and is the date when the prescribed ERA is to commence.
Annual Fees
Annual fees are payable each year on your anniversary date (which is the date the activity was first licensed) and are based on the aggregated environmental scores (AES) for each prescribed ERA. AES is determined by DETSI and is based on the prescribed ERA's potential environmental impact on water, the atmosphere or land. Some activities attract a higher AES than others because of their potential impact.
The annual fee is described in the Environmental Protection Regulation 2019.
Annual Returns
At least 22 business days before each anniversary day for the EA, Townsville City Council is required to give the holder an annual notice requiring the holder to pay the annual fee and to complete an annual return.
The Annual Return Form requires you to provide some details about each activity. This must be returned with payment to Council before the anniversary date.
If the payment of annual fees is not received by the anniversary date, a late payment fee will be charged, as per the Environmental Protection Regulation 2019.
An Environmental Health Officer will undertake an inspection of the EA at this time.
Amend EA
An application to amend an EA is not appropriate in all circumstances. Note where the form says this is not the correct way to request the amendment:
Transfer EA
If a new owner or operator takes over the prescribed ERA, the current holder of an EA may apply to transfer all or part of the EA to the new owner or operator. The new owner or operator must be listed on the online register of registered suitable operators (RSOs) before the application transfer is submitted.
Surrender EA
The holder may apply to surrender their environmental authority if the activity has ceased or the activity no longer involves a prescribed ERA.
Suspend EA
The holder of an EA may suspend the EA at any time if they intend to cease operating the prescribed ERA for a period of time. The suspension period must be for at least one year from the next anniversary date, with a maximum of three years in total. Annual fees will not be payable during the suspension period.
Enforcement
If non-compliance of EA conditions is noted during an inspection, the following enforcement options may occur:
- an advisory letter
- a direction notice
- cancelling or suspending the EA
- an environmental protection order
- transitional environmental program.
More Information
For more information, please phone 13 48 10 to contact the Environmental Health and Regulatory Services Team.
