ERAs are defined and categorised under Schedule 2 of the Environmental Protection Regulation 2019 dependent upon their potential risk to the environment.
Who needs an approval?
A business that conducts any of the following activities requires an environmental authority from Council. Note - If you are unsure if your business requires a development approval and environmental authority, contact Council.
- ERA 6 Asphalt Manufacturing
- ERA 12 Plastic Product Manufacturing (50t or more of plastic products/yr; or 5t or more of foam, composite plastics or rigid fibre-reinforced plastics/yr)
- ERA 19 Metal Forming (10000t or more/yr)
- ERA 38 Surface Coating (anodising, electroplating, enamelling or galvanising using 1t to 100t of surface coating materials in a year)
- ERA 49 Boat Maintenance or Repair
A full list of ERAs, including those that require approval by State Government, can be found in Schedule 2 of the Environmental Protection Regulation 2019.
Who does not need an approval?
If the activity related to your business is not included in the table, you still have a responsibility to comply with the General Environmental Duty (Section 319), other relevant legislation, and other related applications to ensure that your business does not have an adverse impact on the environment.
A list of all ERAs can be found in Schedule 2 of the Environmental Protection Regulation 2019.
If you are starting a new environmentally relevant activity (ERA), taking over or making changes to an existing ERA, you will need to consider planning, building, and plumbing approvals.
Planning approval
Your first step when starting any ERA is to check if you need planning approval.
Council’s planning scheme guides how land can be used and developed.
All new ERAs administered by Council are assessable development under the Planning Act 2016 and require a material change of use development application to Council.
If the site already has an ERA, you may still need planning approval for these activities:
- changing the type of activity (e.g. from mechanical repair to metal recovery)
- re-establishing an ERA activity that was abandoned
- changing the scale or intensity of activity (e.g. adding an extra plastic extrusion line)
- carrying out assessable building work (e.g. constructing a spray booth)
- carrying out assessable plumbing or drainage work (e.g. trade waste connection).
To find out if you need to submit a development application, you can:
lodge an enquiry with Council
- arrange a pre-lodgement meeting with Council
- engage a town planning consultant registered with the Planning Institute of Australia
- self-assess your property details against Council’s planning scheme.
You can access Council’s planning scheme using PD Online.
Building approval
Building work for an ERA may include:
- constructing a new spray booth
- replacing an underground fuel tank.
All building work is assessed against the building assessment provisions (including, but not limited to, the National Construction Code and the Queensland Development Code) which set the minimum requirements for building structure, fire safety, access and egress, health and amenity, and energy efficiency.
To find out if you need building approval, you can:
Compliance certificates for building work
Assessable building work requires building approval from a building certifier. Sometimes the building certifier relies on advice from other people for assessing the design/specification and inspection of buildings.
The building certifier uses these forms to accept advice on assessable building work.
Form 15 specifies the design and its limitations.
Form 16 confirms the installation or construction meets the design.
During the environmental authority application process, Council may ask for a Form 15 that certifies the design of a major component of your business (e.g. spray booth with exhaust), and a Form 16 to certify that the component was installed to the design specification.
Your building certifier will collect these forms as necessary.
Find out more about Forms 15 and 16.
Plumbing approval
ERAs may need plumbing and drainage approvals for these activities:
- installation of sinks
- release of trade waste to sewer
- installation and maintenance of backflow prevention devices
- use of non-reticulated water supply (tank water).
The Plumbing Code of Australia forms Volume 3 of the National Construction Code and contains the technical provisions for plumbing and drainage.
Plumbing and drainage work should be conducted by a licensed plumber.
Contact Council or your local water authority for more information.
Trade waste consent
Trade waste is liquid waste produced by a business. All businesses require consent from the local water authority to release trade waste to the sewer.
Some ERAs also need pre-treatment equipment and monitoring equipment (e.g. separators, interceptors, or grease traps, or in-sink or in-drain baskets) before being released to the sewer.
The property owner or tenant (depending on the lease agreement) is responsible for organising trade waste approvals and the installation of any pre-treatment equipment.
Backflow prevention devices
Backflow prevention devices stop sewage flowing back through to the town’s water supply. There are two different types of backflow prevention devices, testable and non-testable.
All ERAs connected to town water require a non-testable backflow prevention device. A licensed plumbing contractor can install a non-testable backflow prevention device for you.
ERAs with a pre-treatment device will need to have a testable backflow prevention device. A testable backflow device must be:
- installed by an endorsed backflow plumber
- registered with Council by the endorsed backflow plumber
- inspected or tested annually by a licensed plumber.
Non-reticulated water supply
Reticulated water is drinkable water supplied by the local water authority. Non-reticulated water is any other water you have access to e.g. rainwater, groundwater from wells or bores, or greywater from baths, sinks, washing machines, and other kitchen appliances.
Some local governments require the use of rainwater or greywater systems for new buildings. A list of participating local governments is available from the Department of Housing and Public Works.
ERAs can use rainwater or greywater (or other non-reticulated water) for non-drinking purposes including dust suppression, cooling systems, flushing toilets, gardening, and as cold water for washing machines.
The installation of a non-reticulated water supply must meet the requirements of the Queensland Development Code, MP 4.3 – Supplementary Water Sources. A plumbing approval is not required to use rainwater or greywater in your building, but your plumber will need to notify the Queensland Building and Construction Commission. Your plumber will provide you with a copy of the notification.
You may need planning or building approval for storage tanks larger than 10m2, or if the tank is located in a cyclone area.
Contact Council or your local water authority for more information on non-reticulated water supply approvals.
To operate an Environmentally Relevant Activity (ERA), you must have planning approval and an environmental authority registration.
An applicant for an environmental authority must be a suitable operator (e.g. person/s or company listed on the Queensland Department of Environment and Science (DES) register).
A new application is not required for minor changes (such as change of contact details). Contact Council regarding these changes. Find out how to make other types of changes.
Use this information to assist you in ensuring your application is complete and that you consider other applications that may be required for your business.
ERA Info - Apply: Forms and Plans – Somerset Regional Council
It is the responsibility of you and your staff to ensure compliance with all requirements of the relevant legislation. To assist in complying with these requirements, a range of tools and resources has been developed. You are encouraged to use these tools and resources in the day-to-day operations of your business. Completed templates and checklists should be filed and stored as part of your business records.
Council operates within a total compliance framework by incorporating education, regulation and enforcement in ensuring businesses are compliant.
Council encourages operators to achieve best practice environmental management and to exceed Environmental Protection Act 1994 requirements.
Education
The tools and resources developed by Council allow you and your staff to know what is required to ensure your business is operating lawfully. When used effectively, these tools will assist your business to minimise the impact on the environment and avoid enforcement action.
Regulation (Inspection process)
Legislation requires Council to monitor the standard of operations in ERAs and this is achieved through a routine inspection program. The expected frequency of these inspections will depend on the type of ERA being operated and its level of compliance.
Refer to the relevant self-assessment checklist in Tools and Resources to be aware of some of the issues Council will be assessing when visiting your business.
Enforcement
Under the Environmental Protection Act 1994, if you are the holder of a environmental authority you must comply with the conditions of the development approval for the site.
You are responsible for ensuring that all employees comply with the approval conditions.
If you have difficulty complying with your conditions, contact Council.
Failure to comply with these conditions may result in one or more of the following enforcement actions:
- issuing of a letter requiring action or works to be conducted
- issuing of a Direction Notice requiring action to be taken or works to be conducted
- issuing of a Penalty Infringement Notice (PIN or on-the-spot fine)
- issuing of a Notice requiring an operator to conduct or commission an Environmental Evaluation
- issuing of a Notice requiring an operator to prepare and submit an Transitional Environmental Program (TEP)
- issuing of an Environmental Protection Order (EPO)
- adding, changing or cancelling a development condition
- suspension of an environmental authority
- cancellation of an environmental authority
- prosecution.
Complaint management
Council has a duty to investigate and respond to complaints received.
A complaint may result in an inspection of your premises to ensure you are complying with the legislation.