Section 48 determinations
The requirement for you to hold a licence, permit or registration (permission) are in the Regulations. Section 48 determinations can offer flexibility in meeting these requirements.
Section 48 determinations allow EPA to address situations where:
- the burden associated with a permission is disproportionate to the risk of certain activities,
- risk reduction may be better achieved through other means.
If you meet the requirements of the determination and comply with the standards, there are two options available to you:
- you may not have to hold a permission, or
- you may hold a lesser permission.
Section 48 determinations will be published in a Victorian Government Gazette notice.
You must have a permission to perform a prescribed activity. There are some situations, such as emergencies, where we may grant you an exemption from a permission.
Section 459 exemptions
The Environment Protection Act 2017 (the Act) provides a set of flexible exemption provisions. Some deal with permissions, and others with instruments made under the Act, such as Regulations.
Under section 459 of the Act, we may issue exemptions to individuals, or a class of people or activities. Issuing these exemptions can follow an application, or can be done on our own initiative. Applications may carry a fee or other requirements.
The use of the exemptions cannot exempt a person, or class of persons from a requirement from the Act.
We must not grant an exemption unless:
- the exemption will not pose a serious risk of harm
- it is impractical to comply with the requirement
- the exemption is necessary to enable the efficient administration of a regulation or legislative instrument.
A class exemption made under section 459 of the Act may be subject to any conditions we consider appropriate. We will publish class exemptions in the Victorian Government Gazette.
Reviewed 3 August 2020