The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) allows the minister to declare exemptions from some requirements in certain situations.
The minister is required to publish all notices of exemption, and the reasons for granting the exemptions.
Environmental impact assessments
The minister can exempt some actions from requirements such as:
- completing an environmental assessment
- seeking approval for that action.
The minister can only make this decision if it's in the national interest. They might consider reasons such as, but not limited to, defence, security or a national emergency declaration. If you think you might be eligible for this kind of exemption, contact us before you submit your referral application.
The minister has 20 business days from receiving your application to decide whether or not to grant an exemption.
If the exemption is granted, we'll notify you within 10 business days of the minister's decision. We'll also publish a notice of the decision on our website.
Refer to details in section 158 of the EPBC Act.
Listed species and ecological communities permits
You need a permit for any action in or on a Commonwealth area if that action may kill, injure, take, trade, keep or move listed:
- cetaceans (aquatic mammals)
- threatened species or ecological communities
- migratory species
- marine species.
The minister can exempt a person from the requirement to seek permits for the action. They can only make this decision if it's in the national interest.
Refer to section 303A of the EPBC Act for details.
National emergencies
The minister may exempt actions necessary to prevent, mitigate or deal with a national emergency. However, the Minister may consider other reasons for an exemption.
Refer to subsection 158(3) of the EPBC Act for details.
Commonwealth agencies
The minister may exempt actions, or a class of actions, that a Commonwealth agency will take from assessment and approval processes. However, they must be satisfied that the agency will comply with state and territory environment protection laws.
Refer to subsections 28(4) and (5) of the EPBC Act for details.
Register of published exemption notices
| Exemption title | Decision and statement of reasons | Date of notice |
|---|---|---|
| Alcoa clearing activities for the Huntly and Willowdale bauxite mining operations in Western Australia | 18/02/2026 | |
| Firefighting activities, fire prevention activities and fire recovery activities in Victoria in response to the 2025/26 bushfire season |
|
12/01/2026 |
| Emergency works prior to and during the 2025/26 Queensland summer storm season at the northern end of Bribie Island |
|
21/08/2025 |
| Firefighting activities, fire prevention activities and fire recovery activities in Victoria in response to bushfires during the 2024-2025 bushfire season. |
|
25/12/2024 |
| The collection and captive management of Red Handfish |
Exempt under Section 158 of the EPBC Act (PDF 48 KB) Statement of reasons (PDF 1.1 MB) |
22/12/2023 |
| Limited preparatory topside works and minimal flushing activities for the Northern Endeavour Floating Production, Storage and Offtake Facility. | 20/03/2023 | |
| Lighthouse operations and short-term well injection for the Northern Endeavour Floating Production, Storage and Offtake Facility - Post 2022 |
|
12/12/2022 |
| Lighthouse operations and short-term well injection for the Northern Endeavour Floating Production, Storage and Offtake Facility |
|
28/09/2021 |
| Emergency Works and Rectification Works at Yallourn coal mine |
|
05/08/2021 |
| Lighthouse operation of the Northern Endeavour Floating production, storage and offtake facility |
|
31/07/2020 |
| Exemption relating to the 2019/2020 bushfires in South Australia |
|
14/01/2020 |
| Exemption relating to the 2019/2020 bushfires in Victoria |
|
14/01/2020 |
| Exemption relating to the 2019/2020 bushfires in New South Wales |
|
10/01/2020 |
| Introduction of Eastern Barred Bandicoots onto French Island, Victoria |
(Statement of reasons not provided)
|
31/01/2019 |
| North Coast Shark Meshing Trial, New South Wales |
|
16/11/2016 |
| Dispersal of the Grey-headed Flying-Fox camps at Batemans Bay, New South Wales |
|
17/05/2016 |
| The deployment of fishing gear in Western Australian state waters to catch a shark posing an imminent threat to public safety |
|
02/10/2014 |
| The exemption to capture, remove and establish a captive colony of Bramble Cay melomys (Melomys rubicola) from Bramble Cay, Queensland |
|
03/09/2014 |
| The establishment and operation of a captive management program for the Christmas Island Flying-fox (Pteropus melanotus natalis) |
|
26/06/2014 |
| Exemption for maritime environmental emergencies in accordance with the National Plan for Maritime Environmental Emergencies |
|
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 |
|
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 |
|
10/01/2014 |
| Remediation of Flood Damage to the Warrego Highway near Marburg Range in Queensland |
|
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 |
|
06/09/2009 |
| Captive breeding program for the Christmas Island pipistrelle (Pipistrellus murrayi) |
|
07/07/2009 |
| Captive breeding program for the Christmas Island Blue-Tailed Skink (Cryptoblepharus egeriae) and the Christmas Island Forest Skink (Emoia nativitatis) |
|
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 |
|
11/02/2009 |
| Release of water from Lake Crescent Tasmania for essential human needs and stock |
|
07/11/2007 |
| The consolidation, during 2004, of science and technology activities |
|
10/08/2004 |
| Commonwealth/Urban and commercial new development/Christmas Island/Immigration Reception and Processing Centre and associated infrastructure |
|
03/04/2002 |
| Development of an immigration reception and processing centre and associated infrastructure |
(Statement of reasons not provided)
|
03/04/2002 |
| South Australian Minister for Primary Industries and Resources/Agriculture/South Australia/Spring-Summer 2000-2001 Australian plague locust control program |
|
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 |
|
28/08/2000 |
Get in touch
If you have any questions about exemptions or what's protected under the EPBC Act, contact the Referrals Gateway team:
- Email: epbc.referrals@dcceew.gov.au
- Phone 1800 423 135 to leave a voicemail message. We will return your call as soon as possible.