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What is this exemption application about?

Section 30 of the Product Emissions Standards Rules (PES Rules) allows persons to apply for specified emissions controlled products (ECPs) covered by the Rules to be exempted from specified provisions of Part 3 or Part 4 of the Product Emissions Standards Act 2017.

Applications will only be considered if they fall within one of the six exemption categories listed in section 31 of the PES Rules.  The Rules do not allow for the consideration of exemption applications outside of these six categories.  In addition, each application can only be made under one of the six categories, but within a category the applicant may apply for an exemption for more than one ECP.

What do you need to do?

If you wish to apply for an exemption under one of the six categories in section 31 of the PES Rules, you need to complete and submit this application form (including any requested supporting information) and pay the required fee.  As most exemption categories mean that higher emitting engines would be supplied to the Australian market (contrary to the objective of the legislation), you will need to make a credible case to support your application.  In most exemption categories this means that you will need to convince us that no suitable certified ECP is available that can do the task described in your application.  In these cases you will need to supply written supporting evidence from the organisation(s) who wish to use the exempted engines to support the request and you should be aware that that the cost of the ECP is not relevant (see subsection 31(3) of the PES Rules).

What do we do with your application?

Once the correct fee is paid and accepted in the Department’s finance system, we will commence the assessment of your application.  We will consider the information you have provided against the requirements of the particular category and the strength of that information.  If we grant your exemption, there will be appropriate conditions attached which may include a cap on the number of ECPs covered, restrictions on who can be supplied with the exempted ECPs and the time period for the exemption (usually no more than three years).  We can revoke your exemption if these conditions are not complied with.

If you have any questions regarding this application please email us at [email protected]


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