Apply for an operating licence 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 operating licences.

Under section 80 of the Environment Protection Act 2017, we can issue an exemption from the requirement to hold an operating 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 an operating licence exemption

We only grant operating licence exemptions under certain circumstances. You must demonstrate how you meet the criteria in regulation 24 of the Environment Protection Regulations.

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

Your application must follow the application form.

You must include:

• evidence of identity, such as an ASIC company extract
• completed fit and proper person questionnaire and prohibited person questionnaire
• credit check (for business applicants) or annual report (for public bodies or organisations)
• details of your activity site, including description, layout and plan/s of the locality and the activity site
• details of your proposed activity, including objectives, performance standards and supporting technical validation
• details of any emissions or discharges, including identifying and characterising any diffuse or point source emissions
• a summary of your your risk management and monitoring program
• a human health and environmental risk assessment for your proposed activities
• details of any controls to eliminate or reduce risks so far as reasonably practicable, taking into consideration the best available techniques or technologies
• an assessment showing that any residual risk of harm to human health or environment:
  • is not an adverse or unacceptable risk
  • does not adversely affect any person other than you
  • does not adversely impact any environmental values identified in the Environment Reference Standard
• climate change checklist
• biodiversity information
• community engagement information, including reasons why it's in the public interest for us to grant an exemption.

Your application must include all the information and supporting evidence we need. Without this information, your application is incomplete, and we cannot assess it.

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 an operating 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.

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.