You must have a permission from us to develop or perform a prescribed activity. There are some circumstances however, where we have the power to grant an exemption from having a permission. This flexibility ensures the requirements of holding a permission is in proportion to the risk of the activity. For example, we might grant an exemption where an activity has low risk to human health and the environment. Also, If it’s in the public interest to do so.

When we grant an exemption, it may have conditions or specific requirements attached. If you don’t comply with these conditions, the exemption won’t be valid. If this occurs, you may face penalties for conducting an activity without the required permission.

Check if you need a permission for your activity.

 

Check if your application has additional requirements. You must submit supporting evidence needed to meet any additional requirements for your application.

How to apply for a licence exemption

To apply for a licence exemption, you must fill out and submit the Exemption application form – development licence or operating licence (publication F1024).

Note: Licence exemption applications for prescribed development or operating activities need to provide evidence supporting compliance with all criteria and obligations for an exemption. This comes under both section 80 of Environment Protection Act 2017 (the Act) and Regulations 24 and 37-39 of Environment Protection Regulations 2021.

If you need more information about licence exemption applications, see the following.

  • Licence exemption application resources

    The following list in Table 1 provides the information we require for a licence exemption application under the Act.

    When you prepare your application, check this list to ensure you have provided all the required information. If you leave any exemption criteria unanswered or insufficiently supported, your application is unlikely to be compliant. As a result, we will be unable to assess it.

    Table 1: Legislative requirements for a licence exemption

    Item Licence exemption application requirements Section in the Act or Regulation
    1 Complete all fields in the EPA application form. 
    Provide all information required under the Act and subordinate legislation.
    • s80(3)(a) (Act)
    2 Business applicants need to provide evidence regarding business name and registration of the business name.        
    • s80(3)(a) (Act)        
    3 Provide evidence of the applicant’s identity.       
    • s80(3)(a) (Act)
    4

    A declaration that information is true and correct, signed by:

    • the applicant with authority to do so, or
    • by two directors, or one director and secretary, in accordance with s127(1) of the Corporations Act 2001 (Cth).
    • s80(3)(a) (Act)
    5 Make sure the correct application fee has been paid.
    • r175 (Regs) or
    • r182 (Regs)
     6

    The development activity or operating activity has been identified as prescribed.

    Demonstrate that what is proposed fits the criteria for a prescribed development activity in Schedule 1 of the Environment Protection Regulations 2021.

    • s80(1)&(2) (Act)
    • r16/Schedule 1 (Regs)
     7 All prescribed information addressing requirements that is provided are detailed in the Environment Protection Regulations 2021.
    • S80(5) (Act)
     8 Submission of fully completed fit and proper person and prohibited person questionnaires with any relevant supporting documents.
    • s80(3)(a);s66; s88 (Act)
    • r24(h) (Regs)
     9

    Calculation and evidence of suitable financial assurance.

    Mandatory for activities: A01, A05a, A13a, A13b, G04, L02.

    • s66(1)(b) (Act)
    • r167 (Regs)
     10

    Demonstrate compliance with the General Environmental Duty.

    Applications must demonstrate compliance with s25(1), with consideration to s6 (Act) and common provisions under s25(4).

    • s25; s80(3)(d) (Act)
    • r24(e)(i)&(iii) (Regs)
     11

    Demonstration of impact(s) on human health and the environment.

    Applications must provide a human health and environment risk assessment or equivalent that demonstrates:

    • sufficient content on the specific operating activity risks
    • proposed controls are reasonably practicable.
    • s80(3)(d) (Act)
    • r24(e)(i)&(iii) (Regs)
     12

    Demonstrate compliance with the principles of the Environment Protection Act 2017.

     EPA has eleven principles of environment protection (‘principles’) on which the EPA must operate. Refer to Part 2.3 of the Act. The applicant must demonstrate that their proposal incorporates technologies, practices and other measures are capable of meeting each of these principles.

    • s80(3)(d) (Act)
    • r24(d) (Regs)
     
     13 Best available techniques and technologies (BATT).
    Applications must consider how their activity can be considered BATT. Demonstrate proposed techniques and technologies are compliant with relevant duties so far as is reasonably practicable.
    • s80(3)(d) (Act)
    • r24(f) (Regs)
     14 Demonstrate the activity is consistent with the requirements of the Act and subordinate legislation without triggering circumstances in where an operating licence or development licence must be refused.
    • s80(3) (Act)
     15 External referrals or other co-regulators have been identified in the application and any details of pre-application consultation included.
    • s80(3)(d) (Act)
    • r24(g) (Regs)
     16 Details of communications and engagement activities, comments and submissions received, consideration of the Charter of Consultation.
    • s80(3)(d) (Act)
    •  r24(g) (Regs)
     17 Details of proposed measures to comply with all relevant applicable duties, including waste duties, other than the general environment duty (GED).
    • s32(1) (Act)
    • s39(1) (Act)
    • s40(1) (Act)
    • s133(1) (Act)
    • s134(1) (Act)
    • s135(1) (Act)
    • s139(1) (Act)
    • s140(1) (Act)
    • s142(1) (Act)
    • s143(1) (Act)
    18

    Prescribed matter(s):

    • identify and address any other requirements in the Regulations or subsidiary legislation related to the specified development or operating activity.
    • s80(3)(d) (Act)
    • r24(a),(b),(c) (Regs)
    • EP Regulations according to permission type and activity.

How to apply for a permit exemption

To apply for a permit exemption, dependent on your activity, you must fill out and submit either the Exemption Application Form - Permit (Transport of Reportable Priority Waste) (publication f1026) or the Exemption Application Form - Permit (all other activities) (publication f1025).

Note: Permit exemption applications for prescribed permit activities need to provide evidence supporting compliance with all criteria and obligations for an exemption. This comes under both section 82 of Environment Protection Act 2017 (the Act) and Regulations 31 and 39-41 of Environment Protection Regulations 2021.

If you need more information about permit exemption applications, see the following.

  • Permit exemption application resources

    The following list in Table 2 provides the information we require for a permit exemption application under the Act.

    When you prepare your application, check this list to ensure you have provided all the required information. If you leave any exemption criteria unanswered or insufficiently supported, your application is unlikely to be compliant. As a result, we will be unable to assess it.

    Table 2: Legislative requirements for a permit exemption

    Item Permit exemption application requirements Section in the Act or Regulation
    1 Complete all fields in the EPA application form. 
    Provide all information required under the Act and subordinate legislation.
    • s82(2)(a) (Act)
    • s68(2)(a) (Act)
    2 Business applicants need to provide evidence regarding business name and registration of the business name.        
    • s82(2)(a) (Act)
    • s68(2)(a) (Act) 
    3 Provide evidence of the applicant’s identity.       
    • s82(2)(a) (Act)
    • s68(2)(a) (Act)
    4

    A declaration that information is true and correct, signed by:

    • the applicant with authority to do so, or
    • by two directors, or one director and secretary, in accordance with s127(1) of the Corporations Act 2001 (Cth).
    • s82(2)(a) (Act)
    • s68(2)(a) (Act)
    5 Make sure the correct application fee has been paid.
    • s82(2)(c) (Act)
    • s68(2)(c) (Act)
    • r190 (Regs)
    • r191 (Regs)or
    • r194(6) (Regs)
     6

    The permit activity or operating activity has been identified as prescribed.

    Demonstrate that what is proposed fits the criteria for a prescribed development activity in Schedule 1 of the Environment Protection Regulations 2021).

    • s82(1) (Act)
    • s68(2)(b) (Act)
    • r16/Schedule 1 (Regs)
     7 All prescribed information addressing requirements that is provided are detailed in the Environment Protection Regulations 2021.
    • s82(2)(d) (Act)
    • s68(2)(d) (Act)
     8 Submission of fully completed fit and proper person and prohibited person questionnaires with any relevant supporting documents.
    • s82(2)(a) (Act)
    • s68(2)(a) (Act)
    • s66; s88 (Act)
    • r31 (Regs)
     9

    Calculation and evidence of suitable financial assurance. Mandatory for the permit activity A13b.

    • s66(1)(b) (Act)
    • r167 (Regs)
     10

    Demonstrate compliance with the purposes of the Environment Protection Act 2017 and the objective of the Authority.

    • s82(2)(d) (Act)
    • r31(a)&(b) (Regs)
     11

    Demonstration of impact(s) on human health and the environment.

    Applications must provide a human health and environment risk assessment or equivalent that demonstrates:

    • sufficient content on the specific operating activity risks
    • proposed controls are reasonably practicable.
    • s82(2)(d) (Act)
    • r31(d) (Regs)
     12

    Demonstrate compliance with the principles of the Environment Protection Act 2017.

    EPA has eleven principles of environment protection (‘principles’) on which the EPA must operate. Refer to Part 2.3 of the Act. The applicant must demonstrate that their proposal incorporates technologies, practices and other measures are capable of meeting each of these principles. 

    • s82(2)(d) (Act)
    • r31(c) (Regs)
     13 Provision of any authorisation or permission that has been issued by another authority. Any details of authorisations or permissions under consideration at the time of application.
    • s82(2)(a) (Act)
    • s68(2)(a) (Act)
     14 Demonstrate the activity is consistent with the requirements of the Act and subordinate legislation without triggering circumstances where a permission must be refused.
    • s82(4) (Act)
     15 External referrals or other co-regulators have been identified in the application and any details of pre-application consultation included.
    • s82(2)(a) (Act)
     16 Details of communications and engagement activities, comments and submissions received, consideration of the Charter of Consultation.
    • s82(2)(a) (Act)
    • r31(a)-(c) (Regs)
     17 Details of proposed measures to comply with all relevant applicable duties, including waste duties, other than the general environment duty (GED).
    • s32(1) (Act)
    • s39(1) (Act)
    • s40(1) (Act)
    • s133(1) (Act)
    • s134(1) (Act)
    • s135(1) (Act)
    • s139(1) (Act)
    • s140(1) (Act)
    • s142(1) (Act)
    • s143(1) (Act)
    18

    Prescribed matter(s):

    • identify and address any other requirements in the Regulations or subsidiary legislation related to the specified development or operating activity.
    • s82(2)(d) (Act)
    • r31 (a)-(c) (Regs)
    • EP Regulations according to permission type and activity.

Reviewed 24 July 2023