Excavation permit Exception s139(4)

Heritage Management System is coming! Soon you will able to lodge, pay and track these applications online. However there will be a two week transition period when we transfer over to the new system and we won't be able to receive applications during that time. Check the HMS page for more information and updates as the go live date approaches.

In some instances, an exemption can be granted for archaeological excavation, provided it is minor works that have minimal impact on relics of heritage significance.

Review the Exceptions gazetted in 2008 to determine whether your project fits into this category.


  • Exception 1 (a) no longer applies due to changes in the definition of a ‘relic’ under the Heritage Act 1977 that occurred in 2009.
  • Exceptions do not apply where there is potential for impact to Aboriginal Cultural Heritage (including Aboriginal Places, objects and/or sites).

Apply for a s139(4) Exception

Complete and submit an Excavation Permit Exception form

An Excavation Permit Exception is granted under section 139(4) of the Heritage Act 1977.