A licence holder reports its environmental performance for the previous financial year in the form of an annual performance statement (APS). This lists performance against each licence condition and requires an explanation of all non-compliance incidents.
APS reporting does not replace the need for immediate reporting of non-compliances to EPA. Licence holders must explain any non-compliance in their APS, including what actions have been taken to address the issue.
Preparing and submitting an APS
Annual performance statements must be submitted to EPA by 30 September each year via our online annual reporting system. APSs apply to the standard financial year reporting period (1 July to 30 June).
A licence holder may choose to use an independent specialist to help with the preparation of its APS. Regardless of the assistance provided, the accuracy and veracity of the APS is still the responsibility of the company’s most senior officer, who signs the statement. By signing the APS, they are testifying to its reliability and are, therefore, satisfied that the information provided is accurate, complete and verifiable.
APSs are legal documents that must be signed by the most senior officer of the Australian-registered company to which the licence has been issued; for example, the chief executive officer, managing director or president.
EPA has made available Annual performance statement (APS) guidelines (publication 1320) to assist licence holders in the preparation and submission of their APSs.
Significant penalties exist for providing false or misleading information in an APS, or for concealing relevant information, as specified in the Environment Protection Act 1970.
Public availability of APSs
All submitted APSs are checked by EPA for completeness, after which they are published on our website. Some information that EPA requires from licence holders to support the submission of their APS has been deemed commercially sensitive and will not be made publicly available. This information includes:
| Licence holders that discharge to air |
Quarterly production rate |
|
Schedule category A01 (prescribed industrial waste management)
|
- Total prescribed industrial waste (PIW) received
- Total PIW recycled
- Total amount of each waste (by waste code) received
|
|
Schedule category A05 (landfills) only
|
- For each cell, the total and current capacity
- Total volume of waste received
|
|
Schedule category A01 and A05
|
- As above for schedule category A05
- Total volume of hazardous category C and category B waste received
|
|
All licence holders
|
Details of any enforcement action taken against the licence holder by another organisation
|
This approach is consistent with section 60 of the Environment Protection Act 1970, which prohibits EPA from disclosing commercially sensitive information without consent. While some information will not be made publicly available, it is still important that EPA receives it, as it enables us to aggregate data, map trends and target our compliance efforts accordingly.
Anyone wishing to obtain documents held by EPA is entitled to apply to see them under the provisions of the Freedom of Information Act 1982. If such an application relates to documents supplied to EPA by a business, EPA will ask that business if it objects to the release of any commercially sensitive documents.
If there is a dispute on this issue, an impartial body, the Victorian Civil and Administrative Tribunal (VCAT), has the jurisdiction to adjudicate on their release or non-release.