EPBC ACT 1999BY MELISSA ADAMS

OBJECTIVES OF THE ACT• provide for the protection of the environment, especially matters

of national environmental significance

• conserve Australian biodiversity

• provide a streamlined national environmental assessment and approvals process

• enhance the protection and management of important natural and cultural places

• control the international movement of plants and animals (wildlife), wildlife specimens and products made or derived from wildlife

• promote ecologically sustainable development through the conservation and ecologically sustainable use of natural resources

8 MATTERS OF NATIONAL ENVIRONMENT SIGNIFICANCE• world heritage properties

• national heritage places

• wetlands of international importance (listed under the Ramsar Convention)

• listed threatened species and ecological communities

• migratory species protected under international agreements

• Commonwealth marine areas

• the Great Barrier Reef Marine Park

• nuclear actions (including uranium mines)

WHO DOES THE ACT EFFECT• Landowners

• Developers

• Industry

• Farmers

• Councils

• State and territory agencies

• Commonwealth agencies

Example: If a developer was planning a new resort close to a wetland of international importance, that developer would need to find out if the action of building and running that resort might have a significant impact on any matter of national environmental significance. In this instance, the matters the developer would need to carefully look into would include:

This approval process under the EPBC Act would be in addition to any state or local government approval that might be required.

WHY AND WHEN DO PROJECTS HAVE TO BE ASSESSED

The EPBC act comes into play when a proposal has the potential to have a significant impact on a matter of national environmental significance. when a person wants an action assessed for environmental impacts under the epbc act, he or she must refer the project to the department of sustainability, environment, water, population and communities. the ‘referral’ is then released to the public, as wel as a relevant state, territory and commonwealth ministers, for comment on wether the project is likely to have a significant impact on matters of national environmental significance. the minister delegate will then decide wether the likely environmental impacts of the project should be assessed under epbc act. public comments are taken into consideration in making that decision.

THE PROCESSStep 1: Submitting a referral. Before taking an action that could have a significant impact on a

matter protected by the EPBC Act, you must complete a referral form (available at

www.environment.gov.au/epbc/assessments/referral-form.html) and submit it to the minister via

the department for consideration.

Step 2: The decision process. Following the receipt of a valid referral, the minister has 20 business

days to decide whether the proposed action will require assessment and approval under the

EPBC Act.

Step 3: Public comment period. As part of the total 20 business days taken for the referral

process, there is a 10 business day public comment period. This provides an opportunity for

relevant Australian, state and territory government ministers and members of the public to

comment on the proposed action.

Step 4: The decision whether an action requires assessment and approval. Within the 20 business

day timeframe, the minister will decide whether a proposed action is likely to have a significant

impact on one or more matters protected by the EPBC Act. If a significant impact is likely the

action will need to be assessed and approved under the EPBC Act before it can proceed. This is

called a ‘controlled action’.

Step 5: How will the proposed action be assessed? Proposed actions can be assessed using

different methods, depending on a range of considerations, including the complexity of the

proposed action. The minister will let you know which method will be used in assessing your

proposed action.

ROLE INDIVIDUALS AND GROUPS HAVE WITH THE ACT

TYPES OF SIGNIFICANT DAMAGE THAT NEED AN ENVIRONMENTAL ASSESSMENT

whether the development would affect the wetland—as wetlands of international importance are matters of national environmental significance

whether the development would affect any nationally threatened plants, animals or ecological communities

whether the development would affect any migratory animals

whether the development would affect any world or national heritage places.

If the developer concluded that the development might have a significant impact on any of these matters of national environmental significance, then he or she would need to apply for approval to proceed under the EPBC Act.

ESD

The principles of ESD as identified in the EPBC Act are explained in ESD Reporting

Guidelines . For convenience the five principles of ESD under the EPBC Act are

• the integration principle;

• the precautionary principle;

• the intergenerational principle;

• the biodiversity principle;

• the valuation principle.

ESD reporting requires these principles to be applied to an organisation’s activities.

CATEGORIES SPECIES ARE LISTED UNDER• Vulnerable

• Critically endangered

• Endangered

• extinct

KEY FINDINGS ON 2007 REVIEWHighlights of the reporting year included:

In September 2007 the minister released the first Finalised Priority Assessment List for nominations to list species, ecological communities and key threatening processes under the amended Act. The list included 20 species, 11 ecological communities and four threatening processes. Assessments are to be completed within one to three years.

In August 2007 the minister released the first Finalised Priority Assessment Lists for nominations to add places to the National and Commonwealth Heritage lists under the amended Act. In May 2008 the minister released the second Finalised Priority Assessment Lists of nominations.

During the year the minister added 20 places to the National Heritage List. These include places as diverse as the Myall Creek Massacre Site, Bondi Beach, and the Dampier Archipelago (including Burrup Peninsula) in Western Australia.

In 2007–08 the department managed 418 referrals, 238 assessments and 53 approvals.

An agreement was signed under the EPBC Act between the Australian and Western Australian governments, for the strategic assessment of natural, Indigenous and historic heritage values of the west Kimberley, a specific assessment of a plan for a common user liquefied natural gas hub to service the Browse Basin.

A new process developed with selected local councils in Western Australia will provide a better understanding of the local issues associated with projects. The councils involved are in areas that are under high development pressures. The new process will ensure that any approval conditions will achieve the desired outcomes without contravening council rules, imposing financial constraints on councils or missing key issues. The department will discuss each project in selected council areas with the local council, and the councils will inform the department of any new developments they believe should be considered under the EPBC Act.

The department worked with state and local authorities to minimise effects on listed threatened species during construction and maintenance of proposed fire breaks around Melbourne’s water catchments. Effects will be minimised by implementing construction and environmental management plans.

The department released revised national seismic guidelines on the interaction between offshore seismic activity and whales, following concerns from both industry and conservation groups about the efficacy of the previous 2001 seismic guidelines. The revised guidelines take into account extensive consultation with scientific experts, industry, conservation groups and other Australian Government departments.

On 4 October 2007 the minister approved the proposed Gunns Pulp Mill, to be established in northern Tasmania, imposing 48 stringent environmental conditions. The department has established a task force to oversee the post-approval management of the project.

The department allocated significant new resources to compliance in response to the recommendations of the Australian National Audit Office report on the administration of the EPBC Act. The department worked closely with state and territory environmental regulatory agencies, and dealt with almost twice the number of incident reports handled in the previous year.

NEGATIVES ASSOCIATED WITH THE ACT

A negative aspect of implementation has been the length of time (in some cases, several years) taken in the listing of many threatened ecological communities and some threatened species of commercially exploited fish.

POSITIVES OF THE ACT• Provides a legal framework to protect and manage

nationally and internationally important flora, fauna, ecological communities and heritage places.

• Promotes ecologically sustainable development through the conservation and ecologically sustainable use of natural resources

• Promotes conservation of biodiversity

• Provide a streamlined national environmental assessment

• Monitor and manage natural environments.

• Controls international movement of plants and animals

EFFECTIVENESS OF THE ACT

It is difficult to quantify the effectiveness of the Act but it appears to be achieving at least some good, though mixed, results in terms of environmental outcomes beyond what would otherwise be achieved under State and Territory laws. It has greatly improved public accountability and access to information about proposed development. The positive outcomes that are being achieved under the Act are counteracted by several negative aspects of its framework and implementation.

WHO MAY OPPOSE THE ACT- Developers may not be able to use certain land areas

because it would threat flora and fauna habitats.

THINGS LISTED UNDER ACT THAT APPLY IN AREAS WE HAVE VISITEDWilsons prom, Bunorong Marine national park and snowy river national park have all had to contact EPBC act in order to get development approval.

e.g at bunorong marine national park the information centre, nobbies, was built. To develop this centre they had to go through the EPBC act in order to ensure they get approval. EPBC act would have recommended a board walk as it would attract more visitors while conserving the environment.

WHY THE ACT WAS REVIEWED

The EPBC annual reports are reviewed every year to ensure its kept updated with new information. This ensures correct data and to see if they meet their objectives and aims.

WHAT IS THE GOVERNMENT REQUIRED TO DOThe Australian Government environment minister’s primary role under the EPBC Act is to protect areas of national environmental significance in accordance with the guiding principles of the EPBC Act. This means that the minister will always consider these critical environmental decisions in the broader context of Australia’s social and economic needs.

However, the minister cannot intervene in a proposal if it has no significant impact on one of the eight matters of national environmental significance, even though there may be other undesirable environmental impacts. This is not because these other environmental matters are not important.

It is because, under the division of powers between the Australian Government and the states under the Australian Constitution, it is the states that have the primary responsibility for environmental protection. In contrast, the Australian Government environment minister only has authority over the eight defined matters of national environmental significance.

The EPBC Act includes a mechanism to ensure that the two levels of government do not duplicate their environmental protection functions or otherwise create inefficiencies by both being closely involved in the assessment and approval process for a single project that includes matters of both local and national environmental significance. Under this mechanism, the Australian Government may enter into an agreement with a state or territory government, under which the state or territory may assess actions that may have an impact on matters of national environmental significance. These are matters that the Australian Government minister would otherwise have responsibility for under the EPBC Act.

PROCESS FOR THE REVIEWThis is the first review of the EPBC Act since its commencement on 16 July 2000. In accordance with section 522A and its terms of reference, the review assessed the operation of the EPBC Act and the extent to which its objects have been achieved.

Community participation in the review was encouraged. There were opportunities for public input over the course of the review.

The first stage of this public input process was through written submissions. The period for making written submissions closed on 19 December 2008. The review received 220 written submissions.

The second stage of the public consultation process was a series of face-to-face consultations with stakeholders in each Australian capital city. Over 140 meetings were held.

The third stage of the public consultation process was through the release of an Interim Report on the review which highlighted the key issues raised throughout the first two stages of the public consultation process. Written comments were invited in response to the Interim Report of the Independent review of the EPBC Act. The period for making comments closed on 3 August 2009. A further 119 written comments were received.

The Final Report was delivered to the Minister on 30 October 2009 and publicly released on 21 December 2009.

REPORTS GOVERNMENT ARE REQUIRED TO DO

The intern and final reports