We can make a determination for:
- permissions – to exempt some activities from the need for a permission or allow for a lower-level permission for some activities
- waste – to establish requirements that allow a place to be authorised to receive a type of waste
- contamination – to set the background level of a waste or chemical for land.
When deciding to issue a determination, we balance the regulatory burden with the risk to human health and the environment.
The general environmental duty and waste duties apply to all businesses that generate, transport or receive industrial waste. When you conduct an activity in accordance with a determination, the general environmental duty and waste duties continue to apply.
We also issue significant development licence criteria determinations. These support a process for referring significant development licence applications to the Department of Health.
Permission determinations
Permission determinations are made under section 48 of the Environment Protection Act 2017(opens in a new window).
When your activity is covered by a permission determination:
- you're exempt from the need to hold a permission, or
- you can conduct the activity if you hold a lower-level permission.
For example, a determination could specify:
- you can get a permit instead of a licence if your activity falls under a certain production threshold, subject to following a standard set of risk control measures
- you do not need a licence to accept small quantities of a waste for temporary storage, subject to adopting risk control measures
- if you have an operating licence, you do not need to get a development licence for minor modification works to improve your facility's environmental outcomes or emergency preparedness.
You can only conduct an activity in accordance with a determination if:
- it applies to your activity and your situation
- you comply with the conditions of the determination.
Current permission determinations
We publish determinations in the Victoria Government Gazette.
| Determination | Summary | Date issued |
| Modifications to a sewage treatment plant(opens in a new window) | This provides an exemption from a development licence for specified types of modification works at sewage treatment facilities that water corporations manage. Acceptable modifications are works intended to improve environmental outcomes or readiness for disaster and emergency management. | 18 June 2021 |
| Discharges or emissions to the atmosphere from prescribed activities(opens in a new window) | This provides an exemption from both a development licence and an operating licence for a small number of specified activities. These are activities that discharge or emit to the atmosphere at below specified pollutant thresholds or from one or more low-risk sources – for example, a food cooker or kitchen range hood. | 18 June 2021 |
| Discharges to land or surface water from prescribed activities(opens in a new window) | This provides an exemption from both a development licence and an operating licence for a small number of specified activities. These are activities that discharge or deposit to land or surface water, to specified acceptable sources – for example, an emergency relief structure or an enclosed drain connected to a sewer. | 18 June 2021 |
| Temporary storage and containment of waste oils, paints and chemicals at a council transfer station(opens in a new window) | This allows responsible temporary storage and containment of a small number of common wastes at local government-operated waste transfer station facilities. This determination is subject to controls, but it does not require local government operators to get a licence. | 18 June 2021 |
section 48(a) development licence – see page 28 section 48(c) permit – see page 29 section 48(d) registration – see page 30 | This allows receipt and storage of black coal fly ash before use as input to a cementitious mixture. The determination is subject to the black coal fly ash meeting the specifications of a designation issued by us and being classified as not reportable priority waste. | 30 May 2024 |
Waste determinations
Waste determinations are made under section 5(3)(a) of the Environment Protection Regulations 2021(opens in a new window).
They set requirements that allow a place to be authorised to receive a type of waste.
We have made determinations for a range of specific waste types. These allow certain places to receive industrial waste that matches the specifications and conditions in the determination.
A waste determination is not a substitute for – or an exemption from – getting a permission for a prescribed activity. For example, you must still get a permission to store or process waste for resource recovery, offsite transfer or disposal.
Check if the determination applies to your waste
Classify your waste, and then check the specifications, application and definition sections of the determination to see if your waste matches the description.
If you're the waste generator and your waste meets the specifications in the determination, you can transport and deposit the waste at a place authorised to receive it.
If you're the waste receiver, you can receive and use the waste in accordance with the determination. You may still need to get a permission from us.
If your waste does not meet the specifications of the determination, you must find another pathway for it. For example, find a resource recovery facility that's authorised to receive that type of waste.
Specifications and conditions in determinations
The specifications and conditions in a determination vary depending on the waste. Their purpose is to minimise risks of harm. They can include:
- restrictions on when and how wastes can be reused
- physical, biological or chemical limits
- testing requirements
- record-keeping requirements.
The waste generator and receiver must comply with the specifications and conditions in the determination. For example:
- the waste receiver must inspect the waste when they receive it to make sure it only contains the specified waste
- the waste generator must ensure the waste does not contain any waste other than the specified waste.
For guidelines on complying with specific determinations, visit:
- How to comply with the livestock manure and effluent determination
- Safe production and use of digestate guidelines.
Current waste determinations
| Determination | Summary | Date issued |
| Livestock manure and effluent(opens in a new window) | This authorises a person or place to receive livestock manure and effluent in accordance with the determination’s requirements. We have developed guidance to help primary producers understand this determination. | 18 June 2021 |
| Fill material | This authorises a person or place to receive fill material in accordance with the determination’s requirements. | 18 June 2021 |
| Recycled aggregates | This authorises a person or place to receive recycled aggregates in accordance with the determination’s requirements. | 18 June 2021 |
| Processed organics | This authorises a person or place to receive processed organics in accordance with the determination’s requirements. | 18 June 2021 |
| Digestate | This authorises a person or place to receive digestate in accordance with the determination’s requirements. | 21 December 2023 |
Contamination determinations
We can make determinations to set the background level – or a method for determining the background level – of a waste or chemical substance for specified land.
We have not made any contamination determinations to date.
Significant development licence criteria determinations
These determinations support a process for referring significant development licence applications to the Department of Health.
We refer development licence applications to the Department of Health when the application:
- is reasonably likely to have significant implications for public health, and
- meets the criteria in the determination.
Significant development licence criteria determinations(opens in a new window) are published in the Victoria Government Gazette.
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