New COVID-19 Exemptions

The Department of Environment, Land, Water, and Planning (DELWP) have introduced the following new measures relating to Covid-19 and new social distancing measures.

A new Clause 52.18 State of Emergency Exemption (enacted by VC181) was gazetted on 6 April 2020. Its purpose is to facilitate the delivery of food and other essential goods during and following a state of emergency declared in relation Covid-19.

These exemptions are in force during the state of emergency and for three months after.

They relate to any permit requirement or planning scheme provision that limits the hours or days that essential retail or service providers can load or unload goods. These include supermarkets, hospitals, pharmacies, or food and drink premises.

The exemption applies to the delivery, dispatch, loading and unloading of the specified goods to and from any type of premises including warehouses, factories and farms.

There is a risk of community amenity impacts from deliveries outside normal hours under the Clause 52.18 exemption. It has been considered that the benefits of facilitating the delivery of food and other essential goods to respond to significant community demand arising from Novel Coronavirus 2019 (2019-nCoV) outweighs this risk for the limited time that the exemption will apply.

The changes impact many of the essential services that continue to operate during this crisis. This will give businesses
greater flexibility to times when they can load and unload products, helping them adhere to social distancing guidelines and keep shelves stocked.

DELWP have also outlined their priorities in altering legislation to further reduce face to face contact. These changes may come into affect in the coming days or weeks.

With the situation evolving rapidly we are continuing to stay on top of everything that is happening in the planning sphere.

We hope you are all keeping safe and healthy during this time, and of course if you have any questions please do not hesitate to contact our office.

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