If you're unsure if you need a permit exemption, we recommend you use our free permission pathway process before you apply.
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 permits.
Under section 82 of the Environment Protection Act 2017, we can issue an exemption from the requirement to hold a permit under certain circumstances.
To see permit exemptions we've issued, visit our public register.
Penalties apply for conducting a prescribed activity without a permit or permit 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 permit exemption
We only grant permit exemptions under certain circumstances. You must demonstrate how you meet the criteria in regulation 31 of the Environment Protection Regulations 2021.
For A10a – Reportable priority waste (transport) – high risk permit exemptions, visit Apply for an exemption for transporting reportable priority waste.
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)
- climate change checklist (except for A10a, A11, A12, L05 and L06)
- biodiversity information (except for A10a, A11 and A12)
- community engagement information.
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 a permit exemption, complete and submit the Permit exemption application form.
Submit your application 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
Permit exemptions are valid for up 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