What types of permits are needed to operate your business?

You may need a permit or certificate of registration from our Health Protection Unit for:

• Installing/using wastewater management systems (treatment plants & septic)
• Food premises
• Most accommodation premises
• Rooming houses
• Hairdressers
• Personal care & beauty premises
• Tattoo and other skin penetration premises
• Aquatic facilities
• Caravan parks

Some primary industry businesses must register with other authorities, not Council. Meat and poultry processing facilities, butchers and fishmongers register with PrimeSafe. Dairy processors, transporters, manufacturers and distributors register with Dairy Food Safety Victoria. 

Mobile food van, permanent and temporary food premises must register with FoodTrader. 

Timeframes for Health approvals (all times are approximate as a guide only)

• Onsite wastewater management system permit to install. Allow up to 42 business days.
• Onsite wastewater management system certificates. Allow 10 business days subject to inspection being completed – 7 days’ notice for the inspection applies.
• Registered premises. Allow 15-20 business days subject to all documentation being submitted and premises being inspected.

You may need a permit from our Local Laws team for:

• Footpath trading and signage
• Mobile food trading if the business is operating on council land
• Parking
• Domestic animal businesses

Note re. Mobile food trading While all mobile food traders need to register on FoodTrader for a statement of trade, if the business operates from Council land, a further permit to use that land is needed from our Local Laws team.

Timeframe for Local Law permits

Allow approximately 7 days for a Local Law permit. This is an approximate only; times may vary.

Local Law permit fee

The Local Laws unit assesses any fees payable based on which permits your business needs. There is an administration fee, plus a per week charge for use of Council land (if applicable). 

This is the form to use if you want to apply to use a footpath, road reserve or council land for an A-frame, flag, umbrella or furniture for your business. 

These are the conditions for street furniture for your business.

Don’t send payment with an application for a Local Law permit. If the application is approved, Council will contact you for payment of the fee then the Local Law permit is issued.

Which planning permits your business needs depends on multiple things such as the land’s current use, any changes or inclusions, the land’s zoning, overlays, and the business’s nature and scale.

A planning permit may be needed to develop land, for example with new buildings, repurposing existing structures, car parking and access requirements.

A planning permit may also be required for business signage. Things like illumination and location are considered for signage permits.

Additional permits or approvals may be required where land to be developed is affected by overlays, for example Erosion Management and Heritage Overlays.

We have more information about planning permits on our website.

Timeframe for planning permits

Allow 10 days to several months depending on the type of planning permit application.

The time taken for Council to process an application for a planning permit depends on us receiving a complete and clear application. Time frames for a decision can also depend on whether an application has to be referred to an external authority or placed on public notification. If the application is required to go before the Council/Planning Committee or the Victorian Civil and Administrative Tribunal it would add further time to the planning permit process.

Planning permit fees

The fees for planning permits vary depending on what the permit covers. Our Planning team will be able to advise you about the fees that apply to the permits your business needs.

The fees for planning permit applications are set by the Planning and Environment (Fees) Regulations 2016 (Vic), and are calculated in “fee units” which change each financial year. The Department of Transport and Planning has an explanation of planning fees on its website.

You may need a building permit for

• Constructing a building or development
• Occupying or changing the use of a building: To ensure the use meets relevant building codes
• Some events: Place of Public Entertainment (PoPE) permits may be required

Colac Otway Shire Council does issue PoPE permits.

Colac Otway Shire Council does not issue building permits; these can be issued by private building surveyors.

Timeframe for PoPE permits

• Depends on the complexity of the event being held. Allow at least 4 weeks as a minimum for a PoPE permit.

We understand that getting permits isn’t the most enjoyable part of running your business, and you may be questioning why you need to go through the process of getting them from council.

What’s the point of permits for business?

• Permits are a way to ensure compliance with laws that aim to support the wellbeing of the community and the environment we live in.
• Permits are needed to ensure the fair use of public resources, to help protect people and animals’ health and safety, to promote public amenity and to safeguard our built or natural environment.

How do permits ensure legal compliance?

When you apply for a permit for your business, you’re effectively asking the Council to check that what that permit relates to is OK legally.

When Council gives you the permit, it’s giving you that legal OK. The details of the permit explain what you need to do to make sure you’re following the law through the permit’s life.

Permits work by:

• Drawing your attention to aspects of the law that apply to your business
• Having Council check that you’ve created the conditions for your business to comply with the law
• Letting you know what you need to do to for your business to comply with the law

Relevant legislation

Permits issued by Council support compliance with State law, Council’s Local Law and Federal standards.

Here is some of the Victorian legislation that requires Council to issue permits, certificates or register businesses:

• Local Government Act 2020 | legislation.vic.gov.au
• Domestic Animals Act 1994 | legislation.vic.gov.au
• Building Act 1993 | legislation.vic.gov.au
• Planning and Environment Act 1987 | legislation.vic.gov.au
• Food Act 1984 | legislation.vic.gov.au
• Public Health and Wellbeing Act 2008 | legislation.vic.gov.au

Some of these Acts have subordinate legislation such as Regulations and Planning Schemes. For example:

• Colac Otway Planning Scheme
• Building Regulations 2018 | legislation.vic.gov.au
• Planning and Environment Regulations 2015 | legislation.vic.gov.au

Or governing legislation such as:

• Food Standards Australia New Zealand Act 1991 - Federal Register of Legislation

This is not a definitive list but gives you an idea of the range of legislation types that apply to the permits local businesses may need.

The permits you need depend on the specifics of the business you run. For example, things like the location, the type of industry, and the structure or environment you operate from determine what sorts of permits you need.

Council has specialist staff in Health Protection, Planning, Building, and Local Laws who interpret and apply the relevant legislation. They are here to support you to get the permits you need and to comply with the laws that affect your business.

As every business is different, and it’s possible you may need more than one permit, to make the process easier for you, Council has a Business Support Service, ecodev@colacotway.vic.gov.au / 03 5232 9400. The Business Support Service is here to help you liaise with our specialist staff so you can get the permits you need as efficiently as possible.