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, Greg Hunt, Minister for the Environment, being satisfied that it is in the national interest to do so, under section 158 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) grant an exemption for the Shire of Eurobodalla, and those acting on behalf of the Shire of Eurobodalla, from the application of all of the provisions of Part 3 and Chapter 4 of the EPBC Act:

1. until 31 December 2016, in relation to the dispersal of the Grey-headed Flying-Fox camps at Batemans Bay, New South Wales, by non-lethal means, and associated vegetation management; and
2. until 31 December 2016, in relation to vegetation management associated with the dispersal of the Grey-headed Flying-Fox camps at Batemans Bay, New South Wales (but not in relation to dispersal activities themselves).

It is a condition of the exemption in paragraph 1 that dispersal can occur at all times other than when the Grey-headed Flying-Fox females are heavily pregnant or with dependent young (the period of vulnerability).  This period of vulnerability will run from 1 August 2016 until such time as there is notification by Commonwealth Department of the Environment appointed experts that the general population’s period of dependency has been completed.

A further condition is that the Shire of Eurobodalla seeks in good faith to enter into a long term conservation agreement under the EPBC Act for the dispersal of Grey-headed Flying-Fox camps at Batemans Bay by 31 December 2016.  This exemption will expire when such a conservation agreement is reached or on 31 December 2016, whichever is the earliest. 

This exemption takes effect on the date of this notice.

SIGNED

__________________________________________________

Minister for the Environment

Dated the 17th day of May 2016

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/