Notice of Exemption from a Provision of Part 3 (EPBC Act Section 158(7))

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) was enacted to provide for the protection of the environment, particularly the conservation of biodiversity, by regulating actions that have, or are likely to have, a significant impact on matters of national environmental significance. The Act was introduced to address the need for a comprehensive legal framework that ensures the sustainable use of natural resources and mitigates environmental harm across Australia. The EPBC Act is administered by the Australian Parliament, and one of its primary policy objectives is to safeguard the nation’s biodiversity and ecosystems, including through the regulation of activities that may affect them. In this context, the Minister for the Environment, Greg Hunt, has granted an exemption under section 158 of the EPBC Act, allowing the Shire of Eurobodalla to undertake non-lethal dispersal of Grey-headed Flying-Fox camps at Batemans Bay, New South Wales, and associated vegetation management, subject to specific conditions aimed at protecting the vulnerable periods of the species. This exemption is intended to balance the needs of local management with the imperative to conserve biodiversity.

Scope and Application

The notice of exemption from a provision of Part 3 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies specifically to the Shire of Eurobodalla and any entities acting on its behalf, granting them an exemption from the application of all provisions of Part 3 and Chapter 4 of the EPBC Act until 31 December 2016. This exemption pertains to the dispersal of Grey-headed Flying-Fox camps at Batemans Bay, New South Wales, by non-lethal means, and the associated vegetation management activities. The exemption is geographically confined to the area around Batemans Bay, New South Wales, and is in effect as a condition of the exemption, the dispersal activities are not permitted during the period when female Grey-headed Flying-Foxes are heavily pregnant or with dependent young. Additionally, the Shire of Eurobodalla is required to seek a long-term conservation agreement under the EPBC Act by 31 December 2016, and the exemption will cease either upon the conclusion of such an agreement or on 31 December 2016, whichever comes first. This exemption does not extend to the dispersal activities themselves but is limited to the associated vegetation management.

Key Provisions

The main operative sections of this legislation (section 158 of the Environment Protection and Biodiversity Conservation Act 1999) provide an exemption from specific parts of the Act for the Shire of Eurobodalla and those acting on its behalf. Specifically, the exemption allows for the non-lethal dispersal of Grey-headed Flying-Fox camps at Batemans Bay, New South Wales, and associated vegetation management until 31 December 2016. The exemption applies to the dispersal activities themselves and to the vegetation management connected to these activities, but not to the dispersal activities during the period when female Grey-headed Flying-Foxes are heavily pregnant or with dependent young. Additionally, the Shire of Eurobodalla is required to seek a long-term conservation agreement under the EPBC Act by 31 December 2016, and the exemption will expire when such an agreement is reached or on 31 December 2016, whichever is earlier. The obligations and requirements imposed by this Act on the Shire of Eurobodalla include ensuring that the dispersal of Grey-headed Flying-Fox camps occurs only at times when the females are not heavily pregnant or with dependent young. This period of vulnerability is set from 1 August 2016 until notification by Commonwealth Department of the Environment appointed experts that the general population’s period of dependency has been completed. Furthermore, the Shire of Eurobodalla must endeavour in good faith to enter into a long-term conservation agreement under the EPBC Act by 31 December 2016. The Shire must also ensure that any vegetation management activities associated with the dispersal are conducted in accordance with the exemption conditions. The Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach of the exemption conditions. However, any actions taken by the Shire of Eurobodalla or those acting on its behalf that contravene the conditions of the exemption could potentially result in legal repercussions under other relevant environmental laws and regulations. Failure to adhere to the stipulated conditions might also lead to revocation of the exemption, thereby reinstating the full applicability of Part 3 and Chapter 4 of the EPBC Act.