The Environment Protection Act 2017(opens in a new window) provides a set of flexible exemption provisions that specify circumstances where a requirement does not need to be met.
Under section 459 of the Act, we can issue an exemption from a requirement in the Environment Protection Regulations 2021 or a legislative instrument.
We cannot exempt an individual or class of persons from a requirement of the Act.
We can initiate a section 459 exemption, or you can apply for one. A fee applies if you apply for an exemption.
We can issue a section 459 exemption for:
- an individual
- a class of persons (class exemption).
Section 459 class exemptions are published in the Victorian Government Gazette. Individual exemptions are published on our public register.
Exemptions have requirements and conditions that must be met.
When we use exemptions
We use exemptions for administrative or other low-risk compliance requirements.
We can only issue a section 459 exemption to a requirement if the exemption does not pose a serious risk of harm to human health or the environment and:
- it's not practicable to comply with the requirement, or
- the exemption is needed to efficiently administer the law.
Our approach to exemptions:
- preferences the use of other regulations or subordinate legislation, where these are available, to address the issue
- seeks to avoid any risk of an exemption indirectly reducing the level of performance expected under the Act
- targets exemptions to specific requirements
- makes sure the risk control outcome achieved through an exemption is equal to or greater than what is set by the Regulations or an instrument.
We make our decisions based on evidence about:
- the nature of the regulatory problem and the risk
- the risk controls provided by exemption conditions
- the level of residual risk or impact achieved with these controls
We publicly consult on proposed class exemptions.
How to apply for an exemption
Apply through our portal(opens in a new window). You need to sign up to use the portal. If you need help, call 1300 372 842.
Steps to apply
1. Log into the portal and select 'Exemptions' from the 'Applications' menu.
2. Click 'Start application'.
3. Select 'Exemption (s 459)'.
4. Enter a text summary explaining what the exemption is for. Attach a document with details of:
- the person or class of persons seeking the exemption
- the provisions of the regulations or legislative instrument that you're seeking an exemption from
- the proposed duration of the exemption
- a detailed description of the proposed exemption.
Your description must include information or evidence demonstrating that the exemption will not pose a serious risk of harm to human health or the environment and:
- it's not practicable to comply with the requirement, or
- the exemption is needed to efficiently administer the law.
5. Consider whether it's more appropriate for the exemption to be made under another provision of the Act or regulations.
6. Respond to all the other questions in the application form.
- In the 'Prescribed permission activities' section, if the exemption does not relate to a prescribed activity, select 'NSA – non-scheduled activity'.
- In the 'Supporting evidence' section, attach documentation that demonstrates your claims and any methods of calculation you used.
7. Review and submit your application.
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