Environment Protection Act 2017

A person may apply to the Authority for an exemption from the application of section 44 in respect of a prescribed development activity.

A person may apply to the Authority for an exemption from the application of section 45 in respect of a prescribed operating activity.

An application for an exemption under subsection (1) or (2) must—

be made in any form and manner approved by the Authority; and

specify the activity in relation to which the exemption is sought; and

be accompanied by the prescribed fee (if any) for the application; and

include any prescribed information.

Subject to section 51B, on receiving an application that complies with subsection (3), the Authority must, within 20 business days (or any shorter prescribed period) after receiving the application—

grant the exemption subject to any conditions the Authority considers appropriate; or

refuse to grant the exemption.

When determining whether to grant an exemption, the Authority must take into account any prescribed matter.

An exemption granted under subsection (4) may be revoked or amended by a written notice given by the Authority.

An exemption granted under subsection (4) has no effect unless the conditions to which it is subject are complied with.