We only issue development licence exemptions under certain circumstances. We recommend you use our free permission pathway process before you apply for an exemption.
You must get a permission from us to conduct certain activities that have risk of harm to human health and the environment. These are called prescribed activities and are defined in Schedule 1 of the Environment Protection Regulations 2021.
Our permissions include development licences.
Under section 80 of the Environment Protection Act 2017, we can issue an exemption from the requirement to hold a development licence under certain circumstances.
To see licence exemptions we've issued, visit our public register.
Penalties apply for conducting a prescribed activity without a licence or licence exemption.
We also make permission determinations under section 48 of the Act. These can:
- exempt some activities from the need to hold a permission
- allow for a lower-level permission for some activities.
When to apply for a development licence exemption
We only grant development licence exemptions under certain circumstances. You must demonstrate how you meet the criteria in regulation 24 of the Environment Protection Regulations.
Process of preparing an application
Preparing a complete development licence exemption application is an iterative process. Below is a basic flow diagram of the process.
Before you prepare an application for a development licence exemption you need to:
- develop the concept and identify the hazards and risks to human health and the environment
- ensure that the proposal eliminates or reduces the risks you have identified so far as reasonably practicable
- ensure that the residual risks to human health and the environment including Environmental Reference Standard values are acceptable
- have a risk management and monitoring program (RMMP) to monitor, evaluate and maintain the elimination or reduction of risk
- ensure that the community and interested parties are aware of your proposal
- address the concerns raised by the community and interested parties.
The final step – highlighted in green on the diagram – is to prepare the application.
This page sets out the standard for preparing an application at the final step of the process.
Conditions
Most exemptions have conditions or specific requirements. You must comply with these conditions for the exemption to be valid.
These conditions outline your legal obligations as the exemption holder. They set up a framework for risk management, record keeping and reporting. To learn more, visit Permission conditions.
We monitor activities to make sure exemption holders comply with these conditions. We take a no-tolerance approach and can take action if you do not comply. To learn more, visit Fines and enforcement.
Information to include in your application
Our Development licence application guidancee provides detailed information on the application and assessment process for development activities.
Below are the acceptable form and information requirements for a development licence exemption application. For more information, refer to the development licence application guide.
For some development licence exemption applications, we've also developed checklists to help you address the key issues we consider when assessing your application:
When we receive your application, we check it complies with these requirements.
Your application must include all the information and supporting evidence we need. Without this information, your application is incomplete, and we cannot assess it.
Activity site
You must provide a detailed overview of the activity site and layout of your activities, including:
- statutory and strategic planning information
- locality description and plan/s, including baseline information on the surrounding environment and location characteristics
- activity site and layout description and plan/s, including the rationale for layout and design and consideration of any alternative site selection.
Activity description
You must provide a detailed description of the final design of your activity, including:
- all plant or equipment to be constructed or installed
- all proposed processes or systems
- activity objective/s that establish the size, type, and operating parameters of any plant, equipment, processes or systems
- emissions or discharges, including identifying and characterising any diffuse or point source emissions into the environment
- life cycle of the activity, including activity site preparation and construction, commissioning and operations
- controls to eliminate or reduce risks of harm to human health and the environment so far as reasonably practicable, including best available techniques or technologies
- benchmarks and performance standards for all proposed plant, equipment, processes or systems (you must benchmark these against a suitable state of knowledge for your industry or activity)
- technical validation for all plant, equipment, processes and systems, demonstrating that the proposed activity is proven, well understood, and uses robust techniques and technologies
- how you'll achieve any specified benchmarks and performance standards
- outline or proposed structure of your RMMP
- how you will meet the minimum compliance standards of the general environmental duty under section 25(4) of the Act during operations
- how the activity design addresses the principles of environment protection.
You must support your application by providing plans, drawings, flow diagrams, schematics, and piping and instrument diagrams.
You need to support some activity descriptions with technical reports – for example, land capability assessments and fire risk assessments.
You need to develop some activities following our guidelines – for example, for water recycling:
- Victorian guideline for water recycling
- Technical information for the Victorian guideline for water recycling.
For more information, refer to the Development licence application guidance.
Human health and environmental risk assessment
You must include a human health and environmental risk assessment.
Under the general environmental duty, you must eliminate or otherwise reduce risks of harm from your waste or pollution so far as reasonably practicable. A risk assessment plays a key role in this process. It directly informs decisions about whether risks of your activity can be eliminated or need to be reduced.
For more information, refer to:
- section 6 of the Environment Protection Act 2017
- Development licence application guidance
- Risk management process.
Environmental segment assessments
You must provide the risk and impact assessments that inform the final design of your activity.
In your application, you can organise this information by these environmental segments:
- climate systems
- air
- odour
- noise
- land
- groundwater
- surface water
- waste management
- fire and other emergencies.
This approach is most suited to applications that engage multiple risks across environmental segments.
Controls to eliminate or reduce risk
Your human health and environmental risk assessment helps you identify risks that cannot be eliminated. Your risk assessment must demonstrate how your controls will reduce these risks so far as reasonably practicable.
This must explain how you're using the best available techniques or technologies for conducting the prescribed activity.
For more information about controls, including best available techniques or technologies, refer to the Development licence application guidance.
Residual risk
If a risk is not eliminated, the proposed activity may pose a risk to human health and the environment. As part of demonstrating how you propose to control risk, you must also demonstrate that any related residual risks are not unacceptable.
You must satisfy these criteria:
- Any residual risk of harm to human health and the environment is not an adverse or unacceptable risk.
- Any residual risk does not adversely affect any person other than you.
- Any residual risk does not adversely impact any environmental values identified in the Environment Reference Standard.
Impact assessments for emissions or discharges
If your activity involves emission or discharge into the environment, you need to complete human health and environmental impact assessments. The results of these assessments must demonstrate that the residual risks are not unacceptable, using the criteria above.
We publish specific impact assessment methods and guidance you must follow. For more information, refer to:
Other assessment frameworks
We must assess your application against other regulatory frameworks. These include:
- climate change adaptation and mitigation considerations under the Climate Action Act 2017
- biodiversity considerations under the Flora and Fauna Guarantee Act 1988.
For more information, refer to:
Community and third-party engagement
Your application must demonstrate why it's in the public interest to grant the exemption.
We must consider whether you have adequately engaged with the community and any third party whose interests may be affected by your proposed activities. In doing this, we consider our Charter of consultation. We only consider community engagement that is completed before you apply.
You should provide us with details, including:
- engagement planning
- stakeholder analysis
- evidence of the engagement you undertook
- feedback you received from the engagement
- how the feedback has influenced your activities.
For more information, refer to:
Other approvals
Your application must include details of any other regulatory approvals you need for your activity – for example:
- planning permits
- works on waterways permits
- environment effects statements.
You must provide evidence – for example, evidence of your engagement with other authorities, or relevant permits or approvals.
Mandatory information
When you submit your application in our portal, you must provide your individual or company details.
The information in the table below must be attached to your application as appendices or a consolidated document.
Development licence exemption application mandatory information
Appendix title
Part A – Applicant details
(1) evidence of identity, such as an ASIC company extract (this is mandatory for business applicants)
Part B – Suitability to hold a permission
(1) completed fit and proper person questionnaire
(2) credit check (for business applicants) or annual report (for public bodies or organisations)
(3) completed prohibited person questionnaire
(4) additional evidence as needed or triggered by the questionnaires.
Part C – Activity and activity site description
(1) site description and supporting evidence, including:
a. locality plan/s
b. activity site plan/s
c. planning property report
(2) activity description and supporting evidence, including:
a. activity objective/s (size, type, operating parameters of activity)
b. all plant or equipment to be constructed or installed
c. all proposed processes or systems
d. details of any emissions or discharges
e. life cycle of proposed activities
f. environmental controls
g. benchmarks and performance standards for all proposed plant and equipment or processes or systems
h. technical validation
i. outline or proposed structure of your risk management and monitoring program
j. explanation of how your proposal addresses the principles of environment protection.
Part D – Human health and environmental risk assessment and proposed controls
(1) a human health and environmental risk assessment and supporting documents based on the final design of your activity, including:
a. risk assessment methodology
b. outcomes, including whether each risk is eliminated or minimised
c. detailed explanation of how the human health and environmental controls you’ve proposed comply with the general environmental duty, including consideration of best available techniques or technologies
d. why any residual risk of harm to human health or the environment is not an adverse or unacceptable risk
e. why any residual risk does not adversely affect any person other than you
f. why any residual risk does not adversely impact any environmental values identified in the Environment Reference Standard.
Part E – Environmental impact assessments
(1) environmental impact assessments based on the final design of your activity, demonstrating:
a. any residual risk of harm to human health or the environment is not an adverse or unacceptable risk
b. any residual risk does not adversely affect any person other than you
c. any residual risk does not adversely impact any environmental values identified in the Environment Reference Standard.
Part F – Other assessment frameworks
(1) a statement and evidence explaining:
a. climate change adaptation and mitigation considerations under the Climate Action Act 2017 and application checklist.
b. biodiversity considerations under the Flora and Fauna Guarantee Act 1988.
Part G – Community and third-party engagement
(1) a statement and evidence explaining why it is in the public interest to grant the exemption, including:
a. engagement planning
b. stakeholder analysis
c. engagement undertaken
d. feedback received.
Part H – Other approvals
(1) a statement and evidence explaining if you need any other regulatory approvals, such as:
a. planning permits
b. works on waterways permits
c. environment effects statements.
Application fee
For a list of current fees and how they're calculated, visit Fees. An extra fee may apply if we need more time than specified in the Regulations to assess your application.
If an application fee applies, we cannot assess your application until we've received and processed this fee.
How to apply
To apply for a development licence exemption, complete and submit the Licence exemption application form.
Submit your application, checklist and supporting documents through our portal. For more information about the application process, visit How to apply for a permission.
How we assess your application
For information about how we assess your application, visit How to apply for a permission.
How long it takes
We need time to assess your application and make a decision. It can take up to 20 business days. This can change if we need more information to make a decision.
We recommend that you submit your application well in advance of your proposed start date. Allow for extra time in case we consider your application incomplete or we need more information.
How long your exemption is valid for
Case-by-case, based on the circumstances of the application – generally, from 2 to 5 years.
Appeal an exemption decision
You can apply to the Victorian Civil and Administrative Tribunal to review the decision about your application. You need to appeal within 15 business days of receiving the decision.
Visit Appeal our decision.
Updated