Works approval granted

EPA has now assessed the works approval application, and issued a works approval to ACM on 30 November.

Compliance issues

On 10 October 2018, EPA inspected the site and found that construction was proceeding prior to a works approval being issued, as required by the Environment Protection Act 1970. EPA has issued an infringement notice and the company has been fined $8,060.

ACM’s proposal

ACM Processing Pty Ltd has submitted a works approval application to EPA for approval for a milk processing facility and a wastewater treatment plant at their premises at 506 Curr Rd, Girgarre.

The works approval was accepted by EPA on 14 September 2018, and advertised in the Herald Sun and Kyabram Free Press on 26 September 2018.

ACM Processing Pty Ltd is proposing the development of a milk processing facility, aiming to process up to 400 kL/day of raw milk into powdered milk and butter products. The works approval application also covers a proposed wastewater treatment plant.

The proposed works include:

  • dairy plant (a milk tanker bay, milk storage silos, factory, cool store, warehouse, and loadout dock)
  • two milk dryers
  • upgrades to an existing wastewater treatment plant
  • a third party treated wastewater reuse scheme.

A works approval is a statutory approval issued by EPA. It permits, subject to certain conditions, the construction of a plant (such as an industrial facility), installation of equipment or modification of a process.

Approval is required for industrial and waste management works that may result in any of the following:

  • discharge of waste into the environment (air, water or land)
  • an increase in, or alteration to, an existing discharge
  • a change in the way waste is treated or stored.

Our works approval process is designed to ensure the best and most cost-effective environmental outcomes on projects are achieved. Without works approvals there is an increased risk of industrial projects causing pollution and requiring expensive retrofitting. Works approvals are an opportunity to save energy and water, and to reduce waste at the project design stage, creating value for a business.

Public participation is an important principle of the Environment Protection Act 1970 and the works approval process. Accordingly, we invite the public to comment on works approval applications and some types of licence applications over a set consultation period.

During this consultation period, we may hold public open-house information sessions to explain the works approval process and provide information on the works approval application. We consider all such comments during our assessment of these applications. Applications are also referred to other relevant agencies for their review and advice.

The works approval process is designed to identify any community concerns early on and allow prompt resolution. If comments are received from any third parties, we give applicants an opportunity to address the concerns raised. We may also convene a conference of the parties to assist in resolving those concerns.

We complete our assessment taking into account our own technical appraisals, referral agency responses, public comments received and any applicant responses. We will then decide whether to issue a works approval and whether to attach any conditions to the approval.

The Environment Protection Act requires us to make a decision on works approval applications within four months of receiving a complete application, although we aim to complete our determination in three months. We may request further information from the applicant during the process or require an extension of time to complete the assessment.

If an appeal, by the applicant or affected third parties, is made against a works approval decision and/or any conditions attached to a works approval, the appeal will be heard by the Victorian Civil and Administrative Tribunal.

When a works approval has been issued, the applicant must construct the works in accordance with the approved plans and any conditions (which include a completion date for all works). When the works are complete, the applicant must contact EPA to arrange an inspection of them.

In most cases, a licence will then be required for operation of the works. Where appropriate, we will issue a commissioning approval before the licence, to allow startup and testing of initial operations and to confirm compliance with the works approval.

Further information on works approvals and EPA’s works approval process can be found in EPA works approvals (publication 1523).

ACM Processing Pty Ltd obtained a planning permit from the Shire of Campaspe on 2 February 2018.