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Administered by: Agriculture, Water and the Environment
Published Date 23 Aug 2021


NOTICE OF EXemption from a provision of part 3 (EPBC Act section 158(7))

EPBC Act s158 exemption decisions published, 02/08/2021 to 08/08/2021


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 EnergyAustralia Yallourn Pty Ltd and all persons acting on behalf of EnergyAustralia Yallourn Pty Ltd, from the application of all of the provisions of Part 3 (other than sections 21, 22A, 24B, 24C, 27B and 27C) of the EPBC Act, in relation to the following action:

The taking of Emergency Works and Rectification Works associated with the potential flooding of the Yallourn coal mine.

In this notice:

Emergency Works and Rectification Works means the activities described as such in the request for exemption dated 2 August 2021 including:

·         diverting Morwell River flows around the existing Morwell River Diversion via pipelines directly to the Latrobe River

·         channelling water into the disused Hazelwood mine

·         diverting water through an engineered spillway into part of the Yallourn mine

·         completing permanent rectification works to the Morwell River Diversion.

This exemption takes effect on the date of this notice.





Minister for the Environment

Dated the 5th day of August 2021


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/