Under specific circumstances, the Minister of the Department of Natural Resources and Energy Development may issue a permit for exceptions to the prohibitions that protect individuals of a species at risk (Section 34) or for activities that would normally not be allowed in areas under a habitat designation (Section 35). In the case of protections for individuals, exceptions can be made if:
- the applicant had legal title of the individual or specimen before the listing of the species, or
- the applicant is a member of a group that traditionally uses an individual of the species for religious or ceremonial purpose, or
- the individual of the species is required for scientific research, education or species recovery
However, a permit cannot be issued unless there is no reasonable alternative and the action will not put the species at further risk.
An activity that would not normally be allowed in protected habitat may be permitted if:
- it is scientific research related to the conservation of the species and is conducted by qualified persons
- it will benefit the species or
- it will not jeopardize the survival of the species and will have only an incidental impact.
However, there are two prerequisites:
- all reasonable alternatives to the activity have been considered and the best solution has been adopted and
- all reasonable measures will be taken to minimize the impact