What has changed
Section 43B of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC act) provides an exemption for the lawful continuation of land that pre-dates the Act. Actions that are exempt can be taken without approval, even where they cause significant damage to a protected matter, such as habitat for an endangered species.
From 1 December 2025, you can no longer claim a continuation of use exemption to clear vegetation:
- that hasn’t been cleared in the last 15 years (unless it is part of a forestry operation)
- that is within 50m of a watercourse, a wetland or a drainage line in the GBR catchment area.
Land clearing includes removing native or non-native vegetation from land that changes any of its:
- use
- structure
- ecological function.
This includes woody vegetation like trees and shrubs, and non-woody groundcover like grasses. Declared weeds can be removed.
This change doesn’t represent a blanket ban on all clearing. Landholders must check if clearing regrowth will have a significant impact on protected matters. Most routine farm activities do not need a detailed self-assessment or referral.
Reasons for change
Clearing of native vegetation is a major driver of habitat loss and fragmentation. This has caused the decline of many of Australia’s threatened species.
Although the value of regrowth can vary, many protected species use regrowth that is about 15 years or older. In the right conditions, this regrowth can provide important habitat and help connect parts of the landscape.
Restoring and protecting plants along rivers and streams is one of the cheapest ways to reduce sediment reaching the Great Barrier Reef. The 50 m buffer along these areas is important for protecting water quality.
Agriculture and the EPBC Act guide
The National EPA has developed the Agriculture and the EPBC Act guidance document to help farmers, landholders and agricultural stakeholders better understand their obligations under the EPBC Act following reforms to land-clearing exemptions introduced in December 2025.
The guidance was developed in collaboration with agricultural peak bodies and forms part of a broader suite of support materials, including websites, webinars, presentations and direct assistance to landholders.
Agriculture and the EPBC Act guide (PDF 2.31 MB)
Agriculture and the EPBC Act guide (DOCX 7.54 MB)
Understanding compliance with the Environment Protection and Biodiversity Conservation Act 1999
Agricultural activities and the EPBC Act
Use this table to check your risk. Green means low risk in most cases. Yellow means uncertain risk, you should undertake a self-assessment and contact us if unsure. Red means high risk, and we recommend that you contact us for assistance in preparing a referral under the EPBC Act.
This is general advice only and may not cover all situations. If you want to discuss your individual situation, please contact us.
Common farm activities and the EPBC Act
Exempt from the EPBC Act under Section 43B
Continuous land-use from before 2000 (if the activity involves land clearing and the area to be cleared has been previously cleared less than 15 years ago and is more than 50 m from a Great Barrier Reef watercourse, wetland, or drainage line).
For actions not covered by exemptions refer to the following 3 risk categories as a guide to what you need to do
Low risk of significant impact: detailed self-assessment not required
- Existing cropping/crop rotation activities, including pasture layovers as part of standard crop rotation.
- Grazing within an existing grazing footprint.
- Maintaining existing firebreaks (Asset Protection Zones), fire trails and water points for bushfire protection.
- Bushfire management during a fire emergency.
- Creating new fencelines (assuming a standard stock fence with 10 m clearance) where this avoids known habitat for MNES.
- Weed management targeted at declared weeds, avoiding impacts to MNES.
- Maintaining existing water infrastructure, fences and buildings - this would also include upgrading irrigation infrastructure inside the same footprint.
- Gully repair and groundcover restoration to stabilise eroded areas.
- Works to prevent sedimentation and/or erosion within a drainage line.
- Removing individual hazardous trees.
- Small-scale clearance of previously disturbed areas.
- De-silting of existing farm dams.
- Fodder harvesting within previously harvested areas, and in accordance with State development codes.
- Installation of on farm water infrastructure where state/territory planning requirements are not activated.
Uncertain risk of significant impact: self-assessment required, retaining evidence and notes, and potentially book a pre-referral meeting
- Smaller scale clearing of vegetation where this is close to areas that have been identified as habitat in guidance for listed species or ecological communities (e.g., hollow-bearing trees and vegetated gullies and riparian zones, clearing tree corridors between habitat areas).
- Clearing of regrowth meeting the criteria for a threatened ecological community, particularly if it could be habitat for a listed species.
- Use of herbicide immediately adjacent to known or potential habitat areas.
- Fodder harvesting, if low impact to nationally protected matters is ensured.
- Oversowing paddocks with exotic grass species, where this could affect EPBC listed native pastures.
- Smaller scale land-use changes (e.g. changing from medium-density grazing to rotational cropping) where impact on habitats for protected species is uncertain/unknown.
- Removal of hollow-bearing trees that aren’t hazardous.
High-risk of significant impact: referral and booking a pre-referral meeting recommended
- Any clearing of vegetation that has not been cleared in the past or is within 50 metres of Great Barrier Reef catchment and could potentially provide habitat for listed species or be part of an ecological community, especially where critical habitat for nationally protected matters will not be retained (e.g., large or hollow-bearing trees and vegetated gullies and vegetation near rivers, streams and watercourses.)
- Clearing that creates isolated fragments of habitat.
- Large-scale land-use changes resulting in substantially greater impact.
These examples are explored more fully in a series of Agricultural exemption example scenarios.
Guidance for using mapping tools to work out if clearing is exempt
See our mapping tool guidance if you need help determining:
- the age of vegetation
- whether vegetation is within 50 metres of a watercourse, wetland or drainage line in a Great Barrier Reef catchment.
Mapping tool guidance (PDF 4.3 MB)
Mapping tool guidance (DOCX 36.4 MB)
If you need help accessing these files, visit web accessibility.
State regulations and national environment laws
The EPBC Act sits alongside state and territory legislation. Both may apply to farming operations. Just because an activity has state approval it doesn’t mean it’s compliant under the EPBC Act. Landholders must check both systems.
Queensland specific considerations
In Queensland, Property Maps of Assessable Vegetation (PMAV) approvals do not provide an exemption or approval under national environment laws.
- Categories A, B, C and R are not exempt from the EPBC Act in most cases.
- Some Category X areas are only exempt if they meet the requirements for the continuous use exemption. You must not assume that all areas are exempt.
Agricultural exemption example scenarios
Agricultural activities can interact with environmental laws in different ways, depending on what is being done and where.
To help explain how agricultural exemptions may apply, we’ve developed a series of fictional example scenarios. These examples reflect common situations and show how the rules may work in practice.
Agricultural exemption example scenarios
Explore the case studies to:
- understand agricultural exemptions
- learn what they cover
- identify when approval may still be required.