Guidance On Agricultural Exemptions Under EPBC Act

Dept of Climate Change, Energy, Environment & Water

The Australian Parliament passed the Environment Protection Reform Bills on 28 November 2025. They received Royal Assent on 1 December 2025.

Most activities in Australia do not need an environmental assessment under the EPBC Act. However, the updates mean some land managers may need to consider whether their actions require federal approval.

Key changes to exemptions

If you are undertaking land clearing (other than forestry operations), you can no longer claim an exemption to clear land:

  • that hasn't been cleared for at least 15 years (except for forestry operations)
  • within 50 metres of a watercourse, a wetland or drainage line in the Great Barrier Reef catchment area.

If you plan to clear vegetation in these circumstances, you may need to refer the action for assessment under the EPBC Act.

Section 43B of the EPBC Act still allows exemptions for activities that have been ongoing since before 16 July 2000, when the Act commenced.

However, the exemptions do not cover activities which:

  • have expanded or intensified
  • changed location or nature of use resulting in substantially greater impact
  • involves clearing vegetation that hasn't been cleared for at least 15 years (unless it is a forestry operation)
  • involves clearing vegetation within 50 metres of a watercourse, wetland or drainage line in the Great Barrier Reef catchment.

What this means for landholders

Not getting an exemption doesn't mean you can't do the activity. You must check whether it is likely to have a significant impact on a Matter of National Environmental Significance (MNES). If so, you must refer the action for assessment under the EPBC Act.

The department provides a range of online tools and guidance to help with your assessment.

Why these changes were needed

Clearing native vegetation is a major driver of habitat loss and fragmentation, contributing to the ongoing decline of Australia's threatened species. Regrowth from around 15 years of age can provide valuable habitat.

Protecting vegetation is also one of the most cost-effective strategies for reducing sediment delivery to the Great Barrier Reef.

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