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Department of Agriculture

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  1. Home
  2. Environment
  3. Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)
  4. Exemptions

Sidebar first - EN - EPBC

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Exemptions

Environmental impact assessments

Under s158 of the Act the Australian Government Minister for the Environment  (the Minister) may exempt a person proposing to take an action from the requirement to conduct an environmental assessment and/or obtain approval in relation to the action to which the exemption relates. Under s158 the Minister may exempt a person from any or all steps in the assessment and approvals process. However, the Minister may only grant an exemption under s158 if they are satisfied that it is in the national interest to do so.

The Minister must decide within 20 business days of receiving the application whether or not to grant the exemption. If an exemption is granted, within 10 business days after making the notice, the Minister must publish a copy of the notice providing a statement of reasons for their decision and give a copy of the notice to the person specified in the notice.

Listed species and ecological communities permits

Under s303A of the Act the Minister may exempt a person proposing to undertake an action from the requirement to seek permits under Part 13 of the Act in relation to the action to which the exemption relates. Part 13 of the Act, among other things, prohibits the killing, injuring, taking, trading, keeping or moving listed threatened species or ecological communities, listed migratory species, cetaceans, or listed marine species in or on a Commonwealth area. The Minister may specify that any or all prohibitions in Part 13 do not apply to a person in relation to an action to which an exemption relates. However, the Minister may only grant an exemption under s303A if satisfied that it is in the national interest to do so.

National emergencies

Under ss28(3) the Minister may make a declaration to exempt actions that are necessary for Australia's defence or security or in relation to preventing, mitigating or dealing with a national emergency.

Commonwealth agencies

Under ss28(4) and ss28(5) the Minister may make a declaration that actions or a class of actions to be undertaken by a Commonwealth agency are exempt from assessment and approval processes. However, the Minister must be satisfied that the Commonwealth agency will comply with state/territory environment protection laws when undertaking the action or class of actions to which the declaration applies.

Register of published exemption notices

The Minister is required under the Act to publish all notices of exemption under sections 158 and 303A and the reasons for granting the exemptions.

Title of exemption Exemption Notice Statement of Reasons Decision Date of Notice
Lighthouse operations and short-term well injection for the Northern Endeavour Floating Production, Storage and Offtake Facility  s158-Exemption-Decision.pdf (485.84 KB)  s158-Exemption-Statement-of-Reasons.pdf (504.03 KB) Exempt under Section 158 of the EPBC Act 28/09/2021
Emergency Works and Rectification Works at Yallourn coal mine  s158-Exemption-Decision.pdf (59.47 KB) s158-Exemption-Statement-of-Reasons.pdf (271.61 KB) Exempt under Section 158 of the EPBC Act 05/08/2021
Lighthouse operation of the Northern Endeavour Floating production, storage and offtake facility  s158-exemption-decision.pdf (481.24 KB)  s158-exemption-statement-of-reasons.pdf (2.62 MB) Exempt under Section 158 of the EPBC Act 31/07/2020
Exemption relating to the 2019/2020 bushfires in South Australia sa-s158-exemption-decision.pdf (377.20 KB) sa-s158-exemption-statement-of-reasons.pdf (1.25 MB) Exempt under Section 158 of the EPBC Act 14/01/2020
Exemption relating to the 2019/2020 bushfires in Victoria vic-s158-exemption-decision.pdf (74.55 KB) vic-s158-exemption-statement-of-reasons.pdf (1.38 MB) Exempt under Section 158 of the EPBC Act 14/01/2020
Exemption relating to the 2019/2020 bushfires in New South Wales s158-exemption-decision.pdf (506.96 KB) s158-exemption-statement-of-reasons.pdf (1.54 MB) Exempt under Section 158 of the EPBC Act 10/01/2020
Introduction of Eastern Barred Bandicoots onto French Island, Victoria s517A-exemption-french-island-victoria.pdf (339.45 KB)   Exempt under Section 517A of the EPBC Act 31/01/2019
North Coast Shark Meshing Trial, New South Wales  20171026-exemption-notice.pdf (36.63 KB) 20171026-statement-of-reasons.pdf (1013.06 KB)
20171026-exemption-application-letter.pdf (1.05 MB)
Exempt under Section 158 of the EPBC Act 16/11/2016
Dispersal of the Grey-headed Flying-Fox camps at Batemans Bay, New South Wales s158-exemption-decision.pdf (93.34 KB) s158-exemption-statement-of-reasons.pdf (579.30 KB) Exempt under Section 158 of the EPBC Act 17/05/2016
The deployment of fishing gear in Western Australian state waters to catch a shark posing an imminent threat to public safety s158-exemption-wa-shark-oct14.pdf (158.67 KB) s158-statement-of-reasons-wa-shark-oct14.pdf (909.63 KB) Exempt under Section 158 of the EPBC Act 02/10/2014
The exemption to capture, remove and establish a captive colony of Bramble Cay melomys (Melomys rubicola) from Bramble Cay, Queensland 158-exemption-bramble-cay-melomys.pdf (218.01 KB) 158-statement-of-reasons-bramble-cay-melomys.pdf (3.03 MB) Exempt under Section 158 of the EPBC Act 03/09/2014
The establishment and operation of a captive management program for the Christmas Island Flying-fox (Pteropus melanotus natalis) s158-exemption-flying-fox.pdf (274.62 KB)
s303a-exemption-flying-fox.pdf (264.42 KB)
s158-statement-of-reasons-flying-fox.pdf (476.70 KB)
s303a-statement-of-reasons-flying-fox.pdf (458.80 KB)
Exempt under Section 158 and Section 303A of the EPBC Act 26/06/2014
Exemption for maritime environmental emergencies in accordance with the National Plan for Maritime Environmental Emergencies 140306-section-158-exemption.pdf (97.91 KB)
140306-section-303a-exemption.pdf (94.43 KB)
140306-section-158-reasons-exemption.pdf (238.23 KB)
140306-section-303a-reasons-exemption.pdf (269.42 KB)
Exempt under Section 158 and Section 303A of the EPBC Act 06/03/2014
Revocation of Prior Exemption for persons acting in accordance with the National Plan to Combat Pollution of the Sea by Oil and Other Noxious and Hazardous Substances 140306-revocation-prior-exemption.pdf (258.72 KB) 140306-revocation-reasons.pdf (143.55 KB) Revoke exemption under Section 158 of the EPBC Act 06/03/2014
The setting of up to seventy two (72) baited drum lines each with a single approximately size 25/0 hook, in Western Australian state waters, and management of those lines 158-exemption-shark-drum-line-deployment.pdf (135.36 KB) 158-statement-shark-drum-line-deployment.pdf (1.43 MB)
letter-shark-drum-line-deployment.pdf (476.97 KB)
Exempt under Section 158 of the EPBC Act 10/01/2014
Remediation of Flood Damage to the Warrego Highway near Marburg Range in Queensland 158-exemption-warrego.pdf (97.42 KB) 158-statement-of-reasons-warrego.pdf (169.51 KB) Exempt under Section 158 of the EPBC Act 17/04/2011
The drilling of a relief well (and all associated activities) in production licence AC/L7 or AC/L8 to stop the current uncontrolled flow of oil, gas and condensate from the Montara H1 well montara-relief-well-158-exemption.pdf (163.64 KB) montara-relief-well-158-reasons.pdf (692.44 KB) Action is exempt from Part 3 and Chapter 4 06/09/2009
Captive breeding program for the Christmas Island pipistrelle (Pipistrellus murrayi) 158-exemption-pipistrelle.pdf (61.62 KB)
303a-exemption-pipistrelle.pdf (62.70 KB)
sor-158-pipistrelle.pdf (216.68 KB)
sor-303a-pipistrelle.pdf (240.92 KB)
Actions are exempt - Yes 07/07/2009
Captive breeding program for the Christmas Island Blue-Tailed Skink (Cryptoblepharus egeriae) and the Christmas Island Forest Skink (Emoia nativitatis) 158-exemption-skinks.pdf (64.16 KB) sor-158-skinks.pdf (251.26 KB) Actions are exempt from Chapter 3 and Part 4 - Yes 07/07/2009
All actions taken in response to the current severe bushfires in Victoria, including but not limited to clearance of vegetation, building of fire breaks and back burning exemption-victoria-bushfire.pdf (90.81 KB) statement-of-reasons-vic-bushfires.pdf (296.55 KB) Actions are exempt - Yes 11/02/2009
Release of water from Lake Crescent Tasmania for essential human needs and stock exemption-notice-lake-crescent-tasmania.pdf (35.44 KB) statement-of-reasons-lake-crescent-tasmania.pdf (113.50 KB) Actions are exempt - Yes 07/11/2007
The consolidation, during 2004, of science and technology activities defence-exemption-s158.pdf (24.64 KB) s158-statement-of-reasons-defence.pdf (85.66 KB) Actions are exempt - Yes 10/08/2004
Commonwealth/Urban and commercial new development/Christmas Island/Immigration Reception and Processing Centre and associated infrastructure immigrationcentreexemptions158.pdf (202.08 KB)
immigrationcentreexemption303a.pdf (209.60 KB)
s158statementofreasons.pdf (300.60 KB)
s303statementofreasons.pdf (297.22 KB)
Actions are exempt - Yes 03/04/2002
To develop an immigration reception and processing centre and associated infrastructure immigrationcentreexemption303a.pdf (209.60 KB)   Actions are exempt - Yes 03/04/2002
South Australian Minister for Primary Industries and Resources/Agriculture/South Australia/Spring-Summer 2000-2001 Australian plague locust control program  locustexemptionnotice.pdf (29.31 KB) locuststatementofreasons.pdf (39.46 KB) Actions are exempt - Yes 21/10/2000
Australian Maritime Safety Authority/Oil Spill Management/Australia/National Plan to Combat Pollution of the Sea by Oil and Other Noxious and Hazardous Substances amsaexemption.pdf (58.00 KB) amsastatementofreasons.pdf (57.38 KB) Actions are exempt - Yes 28/08/2000
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Last updated: 06 April 2022

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