NOTICE OF EXemption from a provision of part 3 (EPBC Act section 158(7))
Exemption under section 158 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth)
I, Sussan Ley, Minister for the Environment, acting under section 158 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) and being satisfied that it is in the national interest to do so, exempt the State of New South Wales, the agencies of the State and those acting on behalf of the State or the agencies of the State, from the application of all of the provisions of Part 3 other than sections 21, 22A, 24D, 24E, 27B and 27C of the EPBC Act, in relation to the following action:
The taking of firefighting activities, fire prevention activities and fire recovery activities in New South Wales in response to any bushfires that occur or have occurred during the 2019/2020 bushfire season.
In this notice:
firefighting activities means emergency actions taken to prevent bushfires damaging life, property or matters of national environmental significance.
fire prevention activities means urgent preventative actions taken to prevent the spread or reduce the severity of fires. This includes back burning, clearance of vegetation and building of fire breaks.
fire recovery activities means urgent actions taken in the recovery from damage from bushfires. This includes clearance of vegetation that has been damaged as a result of bushfires, and urgent repair or replacement of essential infrastructure damaged by bushfire.
agencies of the State has the meaning given by section 528 of the EPBC Act and includes councils established under the Local Government Act 1993 (NSW).
This exemption takes effect on the date of this notice.
SIGNED
__________________________________________________
Minister for the Environment
Dated the 10th day of January 2020
A copy of the Minister’s statement of reasons for this decision is publicly available at the following internet address: http://epbcnotices.environment.gov.au/exemptionnotices/
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, by regulating activities that have, will have or might have a significant impact on the environment. The Act was introduced to address the need for a comprehensive framework that effectively protects the environment, while allowing for sustainable development. In this instance, the Minister for the Environment, Sussan Ley, issued a notice exempting the State of New South Wales, its agencies and those acting on behalf of the State or its agencies from certain provisions of Part 3 of the EPBC Act. This exemption was introduced in response to the urgent need for effective firefighting, fire prevention, and fire recovery activities in New South Wales during the 2019/2020 bushfire season. The policy objective of this exemption is to facilitate efficient and timely actions to combat the devastating effects of bushfires on life, property, and matters of national environmental significance.
Scope and Application
The Minister for the Environment has issued an exemption under section 158 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act), applying specifically to the State of New South Wales and its agencies, as well as entities acting on their behalf, for actions related to firefighting, fire prevention and fire recovery activities during the 2019/2020 bushfire season. This exemption is granted in the national interest and applies to emergency actions aimed at protecting life, property, and matters of national environmental significance from bushfire damage, as well as urgent preventive and recovery measures such as back burning, vegetation clearance, and infrastructure repair. Excluded from this exemption are sections 21, 22A, 24D, 24E, 27B and 27C of the EPBC Act. The exemption extends to any councils established under the Local Government Act 1993 (NSW) and takes effect immediately from the date of the notice. The Minister's statement of reasons for this decision is accessible via the provided internet address.
Key Provisions
The main operative sections of the notice (section 158 of the Environment Protection and Biodiversity Conservation Act 1999) permit the Minister for the Environment to exempt certain actions from the requirements of Part 3 of the EPBC Act, provided it is in the national interest to do so. In this case, the exemption applies to firefighting, fire prevention and fire recovery activities undertaken in New South Wales in response to bushfires during the 2019/2020 season (section 158(7)). However, the exemption does not apply to sections 21, 22A, 24D, 24E, 27B and 27C of the EPBC Act (section 158(7)). The notice came into effect on the date of the notice, which was 10 January 2020.
The Act imposes certain obligations and requirements on the parties and entities it governs. The notice exempts the State of New South Wales, the agencies of the State and those acting on behalf of the State or the agencies of the State, from the application of all of the provisions of Part 3 of the EPBC Act, except for sections 21, 22A, 24D, 24E, 27B and 27C (section 158(7)). This means that these entities are not subject to the requirements of Part 3 of the EPBC Act in relation to the specified activities undertaken in response to the bushfires, provided they comply with the exceptions listed in the notice.
There are no explicit offences, penalties, or consequences mentioned in the notice for breach of the exempted provisions. However, it is important to note that the exemptions do not apply to sections 21, 22A, 24D, 24E, 27B and 27C of the EPBC Act. These sections may still apply to the specified activities, and any breach of these provisions may result in offences, penalties, or consequences as outlined in the EPBC Act. It is essential to ensure compliance with all applicable provisions of the Act to avoid any legal repercussions.