Environment Protection and Biodiversity Conservation Act 1999


Environment Protection and Biodiversity Conservation Act 1999

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is an Act of the Parliament of Australia that provides a framework for protection of the Australian environment, including its biodiversity and its natural and culturally significant places. Enacted on 17 July 2000, it established a range of processes to help protect and promote the recovery of threatened species and ecological communities, and preserve significant places from decline.

The EPBC Act established the use of Environment Protection and Biodiversity Conservation Regulations, which have provided for the issuing of approvals and permits for a range of activities on Commonwealth land and land affecting the Commonwealth. For example, commercial picking of wildflowers is regulated under the EPBC Act, and cannot be undertaken without an appropriate permit. Failure to comply with the Act can result in penalties including remediation of damage, court injunctions, and criminal and civil penalties.

The Act is administered by the Department of Sustainability, Environment, Water, Population and Communities.

The Act identifies seven matters of national environmental significance:

Lists of threatened species are drawn up under the act, for instance Threatened fauna of Australia, and these lists are the primary reference to threatened species in Australia.

Contents

Treaties

As an Act of the Commonwealth (federal) Parliament, it relies for its Constitutional validity upon the legislative powers of the Parliament granted by the Australian Constitution, which does not expressly refer to the environment. As such, key provisions of the EPBC Act are largely based on the following treaties:[2]

  • World Heritage Convention - The Convention for the Protection of the World Cultural and Natural Heritage 1975;
  • the Ramsar Convention - The Convention on Wetlands of International Importance especially as Waterfowl Habitat 1975;
  • The Convention on Biological Diversity 1992;
  • JAMBA - Japan-Australia Migratory Bird Agreement;
  • CAMBA - China-Australia Migratory Bird Agreement;
  • Bonn Convention - Convention on the Conservation of Migratory Species of Wild Animals;
  • CITES - The Convention on International Trade in Endangered Species of Wild Fauna and Flora 1976.

2007 review

A review of the Act and actions taken under the act released by the Australian National Audit Office (ANAO) in March 2007, the audit is entitled "The Conservation and Protection of National Threatened Species and Ecological Communities". The audit widely criticised the Department of the Environment and Water Resources for inaction with respect to the EPBC; key findings of the audit include:

  • that the Department has failed to keep the list of threatened species sufficiently up to date and has failed to prepare recovery plans
  • that there are still inconsistencies between the federal and state and territory lists of threatened species
  • that due to partial or incorrect information there is a risk incorrect decisions regarding conservation may be made
  • that the department has been denied funds necessary to meet their obligations under the act by the Government on four occasions.

The Hawke Report

On 31 October 2008 the Minister for the Environment, Heritage and the Arts commissioned an independent review of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), the Australian Government's central piece of environmental legislation. Section 522A of the EPBC Act requires it to be reviewed every 10 years from its commencement.[3]

The review was undertaken by Dr Allan Hawke.The aim of the report is to review the performance of the Act and, consistent with the objective of protecting the environment and biological diversity and maintain ecological processes, to recommend reforms that:

  • promote the sustainability of Australia's economic development
  • reduce and simplify the regulatory burden
  • ensure activities under the Act represent the most efficient and *effective ways of achieving desired environmental outcomes
  • are based on an effective federal arrangement.[4]

The Final Report was delivered to the Minister on 30 October 2009 and publicly released on 21 December 2009.[5]

Related acts

  • Endangered Species Protection Act 1993
  • Australian Wildlife Protection Act 1998
  • Natural Heritage Trust of Australia Act 1997, which established the Natural Heritage Trust, providing funding

State acts

See also

Notes

  1. ^ Murphy, Katharine (2007-04-09). "Limited scrutiny on nuclear projects". The Age (Melbourne): p. 3. 
  2. ^ "The Environment Protection & Biodiversity Conservation Act and the Australian Constitution" (Word Document (.doc)). National Farmers’ Federation. 9 February 2007. http://www.nff.org.au/get/2434069037.doc. Retrieved 2008-06-04. 
  3. ^ http://www.environment.gov.au/epbc/review/index.html
  4. ^ http://www.environment.gov.au/epbc/review/publications/final-report.html
  5. ^ http://www.environment.gov.au/epbc/review/index.html

References

External links


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