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Environment Protection and Biodiversity Conservation Act 1999

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) 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 Act is as of June 2020 administered by the Department of Agriculture, Water and the Environment. Lists of threatened species are drawn up under the Act, and these lists, the primary reference to threatened species in Australia, are available online through the Species Profile and Threats Database (SPRAT).

Parliament of Australia
  • An Act relating to the protection of the environment and the conservation of biodiversity, and for related purposes
CitationNo. 91 of 1999 or No. 91, 1999 as amended
Territorial extentStates and territories of Australia
Enacted byParliament of Australia
Enacted16 July 2000
Royal assent16 July 1999
Commenced16 July 2000
Administered byDepartment of Agriculture, Water and the Environment
Legislative history
Introduced byBill Heffernan, Ian Campbell
First reading31 March 1999[1]
Second reading31 March 1999[2]
Status: In force

As an Act of the Australian Parliament, it relies for its constitutional validity upon the legislative powers of the Parliament granted by the Australian Constitution, and key provisions of the Act are largely based on a number of international, multilateral or bilateral treaties. A number of reviews, audits and assessments of the Act have found the Act deeply flawed and thus not providing adequate environmental protection.

History

The Environment Protection and Biodiversity Conservation Act 1999 replaced the National Parks and Wildlife Conservation Act 1975, after this legislation was repealed by the Environmental Reform (Consequential Provisions) Act 1999.[3][4] The Environmental Reform Act also repealed four other acts: Environment Protection (Impact of Proposals) Act 1974; Endangered Species Protection Act 1992; World Heritage Properties Conservation Act 1983; and the Whale Protection Act 1980. This Act also made consequential changes to other legislation, and various administrative arrangements, required by the new scheme introduced by the Act.[5]

The Act received Royal Assent on 16 July 1999 and commenced on 16 July 2000.[5]

The Environment Protection and Biodiversity Conservation Regulations 2000 also commenced on 16 July 2000,[6] (with 21 amendments up to the latest on 17 December 2018[7]). The purpose of the regulations is to give effect to the provisions of the Act.[5]

The Act has had many amendments through its lifetime. Significant amendments include the following:

  • The National Heritage List was established by an amendment in September 2003.[8]
  • Amendments passed in February 2007 aimed to make the Act "more efficient and effective through the use of, in part, strategic approaches to environmental issues, reducing the time and cost of processing, and stronger enforcement provisions".[5]
  • Significant amendments to the Act became law on 22 June 2013, known as the "Water trigger", making water resources a matter of national environmental significance, in relation to coal seam gas and large coal mining development.[9][5]

On 16 October 2013 the Environment Minister announced that the Government had approved a framework for a "one-stop shop" environmental approval process to accredit state planning systems under national environmental law, "to create a single environmental assessment and approval process for nationally protected matters".[10] On 16 June 2014 the proposed amendments[11] passed the House of Representatives, despite opposition from environmental campaigners and significant legal commentators who criticised the Bill and expressed concerns about the delegation of Commonwealth environmental approval powers.[12] Two different types of bilateral agreements ("assessment" and "approval") with each state and territory provided for the approvals process, depending on differing requirements, to result in either two approval decisions and two sets of conditions, or only one decision, which includes conditions (if appropriate), being made.[10]

The Act

The 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 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 as of June 2020 administered by the Department of Agriculture, Water and the Environment.[9]

Matters of National Environmental Significance

As of 2020, the Act identifies nine Matters of National Environmental Significance (MNES):[9]

The list must be reviewed every five years, and the government can add new matters to this list by regulation. "If a proposed action is likely to have a significant impact on any of the areas, it may require Commonwealth approval before it can begin. It is illegal to undertake such an action without that Commonwealth approval."[14] The Matters of National Environmental Significance: Significant impact guidelines 1.1 "provide overarching guidance on determining whether an action is likely to have a significant impact on a matter protected under national environment law".[15]

Threatened species

Lists of threatened species, such as threatened fauna, are drawn up under the Act and these lists are the primary reference to threatened species in Australia and are available online through the Species Profile and Threats Database (SPRAT).[16]

Treaties

As an Act of the Australian 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 Act are largely based on a number of treaties including:[17][18]

Bilateral agreements concerning migratory bird conservation include:[17]

Amendments

The Environment Protection and Biodiversity Conservation Amendment (Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development) Act 2012, assented to in October 2012, amended the Act to require that the "Minister must obtain advice from Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development".[19]

2013 Amendment Act

Significant impacts on MNES trigger assessment under the Act. A new assessment trigger was added to the Act in mid-2013, via the Environment Protection and Biodiversity Conservation Amendment Act 2013.[20] The amendment relates to significant impacts on water resources, for example where actions by a large coal mining development, in particular coal seam gas may adversely affect groundwater in the area.[21] The amendment was introduced by Tony Windsor, an independent Member of Parliament (MP). This became known as "water trigger".[22]

As of March 2020, the Australian Conservation Foundation is taking the Morrison government to court for failing to apply the water trigger when it assessed Adani's North Galilee Water Scheme, part of its essential infrastructure for the proposed Carmichael coal mine.[23][22]

2020 Amendment Act

On 27 August 2020, the Minister for the Environment, Sussan Ley, introduced the Environment Protection and Biodiversity Conservation Amendment (Streamlining Environmental Approvals) Bill 2020 (Cth) (EPBC Amendment Bill), which for the most part reflects reforms to the bilateral approval agreement provisions first proposed in 2014. The proposed changes would make it easier to establish bilateral approval agreements between federal and state governments, and also to make it harder to challenge the devolution process under the law (by clarifying that an action cannot be referred under Part 7 of the Act if it is covered by a bilateral approval agreement. Other changes include allowing minor changes to state and territory assessment processes without impacting the bilateral agreement, and the prohibition on matters involving the "water trigger" will be removed,[24] so that states can make their own decisions when assessing applications by large coal mines and coal seam gas projects that can impact water resources.[21] The proposed changes do not include the promised prototype national standards.[25]

Assessments

A large number of studies, audits, reviews and parliamentary inquiries have examined various aspects of the legislation over the years.[26] Section 522A[27] of the Act requires that an independent review is conducted every 10 years, to examine its operation and the extent to which its objects have been met.[28]

A 2005 study looked specifically at threatened species recovery.[29][30]

In 2006 Chris McGrath examined the constitutional validity of the Act and its effectiveness at regulating non-compliance[29] after two recent publications had called for major changes, concluding that it is indeed constitutionally valid and that it is making an important contribution to Australian environmental law, and its gains should be retained if and when any reforms are made.[31]

2007 audit

A review of the Act and actions taken under the Act was published by the Australian National Audit Office (ANAO) in March 2007, 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:[32][33]

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

Australian Greens leader Bob Brown said the audit showed that the government had not provided enough funding to properly protect Australia's endangered species of flora, fauna and ecological communities. He said that there were no plans to save three out of four threatened species.[33]

2008–2009 independent review

On 31 October 2008 the Minister for the Environment, Heritage and the Arts commissioned the first 10-year statutory independent review of the Act.[27][34]

The review was led by Dr Allan Hawke, supported by an expert panel.[34] The aim of the report was 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:[35]

  • 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.

The "Final Report" was delivered to the Minister on 30 October 2009 and publicly released on 21 December 2009.[27][34][35] In its summary, it said that public comments had been "broadly supportive" of the Act, and that the Act had brought about many important reforms, and in many respects was still regarded as world leading. However it included 71 recommendations, "summarised into a reform package revolving around a nine-point plan":[36]

  1. redraft the Act to reflect better the Australian Government’s role, streamline its arrangements and rename it the Australian Environment Act;
  2. establish an independent Environment Commission to advise the government on project approvals, strategic assessments, bioregional plans and other statutory decisions;
  3. invest in the building blocks of a better regulatory system such as national environmental accounts, skills development, policy guidance, and acquisition of critical spatial information;
  4. streamline approvals through earlier engagement in planning processes and provide for more effective use and greater reliance on strategic assessments, bioregional planning and approvals bilateral agreements;
  5. set up an Environment Reparation Fund and national 'biobanking' scheme;
  6. provide for environmental performance audits and inquiries;
  7. create a new matter of national environmental significance for 'ecosystems of national significance' and introduce an interim greenhouse trigger;
  8. improve transparency in decision-making and provide greater access to the courts for public interest litigation; and
  9. mandate the development of foresight reports to help government manage emerging environmental threats.[36]

2018 invertebrate studies

In 2018, two studies looked at the representativeness of listed species,[29][37] and the other insects and allied invertebrates, proposing a new, strategic national approach for the conservation of these animals.[38]

2018 Guardian report

A The Guardian reported in March 2018 that Australia had not listed any critical habitat fin the preceding 10 years, and only five areas had been registered since the introduction of the Act, although more than 1,800 species and ecological communities had been classed as threatened.[39] A recent investigation had shown that Australia was planning to clear 3,000,000 hectares (7,400,000 acres) of native forest by 2030, much of it in Queensland.[40] One weakness of the critical habitat register is that its offence provisions do not apply to state or private land, only to Commonwealth land. This had a big impact on the ability to name a critical habitat for the endangered Leadbeater's possum, whose habitat was mainly on state- and privately-owned land.[39]

2019 assessment

A study by the Centre for Biodiversity and Conservation Science at the School at the University of Queensland was published in September 2019 as a "quantitative assessment on the effectiveness of the Act in regulating the loss of habitat for terrestrial threatened species, threatened ecological communities, or terrestrial migratory species", as there had been little quantitative study in this area. It looked at whether the Act as implemented was achieving its objective of safeguarding Australia's biodiversity with regard to regulating loss of habitat for threatened species and ecological communities between 2000 and 2017.[29]

It showed that since the Act came into force in 2000, over 7,700,000 hectares (19,000,000 acres) of potential habitat and communities had been cleared. Of this clearing, over 93% was not referred to the Federal Government for assessment, meaning the loss was not scrutinised under the Act. While 1,390 (84%) species suffered loss, Mount Cooper striped skink, Keighery's macarthuria, and Southern black-throated finch lost 25, 23, and 10% of potential habitat, respectively. Iconic Australian species such as the koala, also lost about 1,000,000 hectares (2,500,000 acres) (2.3%) of potential habitat. This analysis showed that the Act is ineffective at protecting potential habitat for terrestrial threatened species, terrestrial migratory species, or threatened ecological communities.[29]

June 2020 audit

The 2020 audit was the sixth audit of referrals, assessments and approvals under the Act.[41] Published and tabled in Parliament[42] on 25 June 2020, the report found that the administration of referrals, assessments and approvals of controlled actions under the Act by the Department of Agriculture, Water and the Environment (DAWE) was ineffective, disproportionate to environmental risk, errors have occurred, procedural protocols have not been followed, and the Department is "not well positioned to measure its contribution to the objectives of the Act". The Auditor-General made eight recommendations to the Department.[43] ANAO found that the Department did not have adequate performance measures in place; that administration had been poorly handled and that conflicts of interests were not well-managed.[26]

DAWE responded to the audit, agreeing to all eight recommendations. The Secretary of DAWE, Andrew Metcalfe, also reported that the Act was at the time undergoing an independent statutory review led by Professor Graeme Samuel AC, which was likely to result in legislative changes to the Act.[42]

James Tresize of the Australian Conservation Foundation commented that law was "fundamentally broken" and not equipped to deal with dual "extinction and climate crises", saying that Australia needs a stronger law and an independent regulator.[26] He also pointed out that "in the 20 years the laws have been in operation, threatened species habitat greater in size than Tasmania has been logged and cleared".[41]

2019–2020 independent review

A statutory independent review led by Professor Graeme Samuel AC and supported by an expert panel commenced on 29 October 2019 and is due to run for a year. Submissions from the public closed in April 2020.[28] The expert panel consists of Bruce Martin, Erika Smyth and Wendy Craik.[44]

The interim report, released in July 2020, concluded that the laws created to protect unique species and habitats are ineffective, and the "current environmental trajectory is unsustainable". Criticism of the Act included that it is too focused on process rather than on clear outcomes, and that its current ad hoc, "project-by-project" approach does not address cumulative harm. During its time in operation, "the list of threatened species and communities has increased over time and there have been very few species that have recovered to the point that they can be removed from the list". Among the changes the report proposes is a framework of legislated national environmental standards with legally enforceable rules, which would underpin all powers allocated to the states and territories. It recommends the establishment of an independent body "to monitor and enforce compliance with environmental laws". The report recommends that the federal government should start creating a set of interim standards initially, in consultation with state governments and all other stakeholders, and also a process whereby traditional knowledge of country by Indigenous Australians can be better integrated into decision-making.[45]

The Minister for the Environment, Sussan Ley, said the government would immediately commit to developing national standards. She also indicated that it would start a process whereby responsibility for environmental approvals could be devolved to state governments, intending to put agreements before parliament in late August 2020, before the release of the final report, due in October. Environmental groups said it would be better to await the final report before cementing the approvals processes. Ley said the government would improve protection of Indigenous heritage, starting with a consultative process which would include state Indigenous and environment ministers.[45]

On 14 August 2020, Andrew Barr, Chief Minister of the ACT, said that the legislation needed to be modernised to address climate change, which is not even mentioned in the current Act.[46]

See also

Related acts

References

  1. ^ "Environment and Heritage Legislation Amendment Bill 1999 : First Reading". ParlInfo. 31 March 1999. Retrieved 27 June 2020.
  2. ^ "Environment and Heritage Legislation Amendment Bill 1999 : Second Reading". ParlInfo. 31 March 1999. Retrieved 27 June 2020.
  3. ^ "National Parks and Wildlife Conservation Act 1975". Federal Register of Legislation. Australian Government. 13 March 1975. Retrieved 27 June 2020.
  4. ^ "Environmental Reform (Consequential Provisions) Act 1999". Federal Register of Legislation. Australian Government. 16 July 1999. Retrieved 27 June 2020.
  5. ^ a b c d e "History of the EPBC Act". Australia. Department of Agriculture, Water and the Environment. 5 July 2000. Retrieved 27 June 2020.   Text was copied from this source, which is available under an Attribution 3.0 Australia (CC BY 3.0 AU) licence.
  6. ^ "Environment Protection and Biodiversity Conservation Regulations 2000". Federal Register of Legislation. 5 July 2001. Retrieved 27 June 2020.
  7. ^ "Environment Protection and Biodiversity Conservation Regulations 2000". Federal Register of Legislation. Australian Government. Retrieved 27 June 2020.
  8. ^ "Environment Protection and Biodiversity Conservation Act 1999". Federal Register of Legislation. Australian Government. 23 September 2003. Retrieved 2 July 2020.
  9. ^ a b c "Department of Agriculture, Water and the Environment". Department of Agriculture, Water and the Environment. 16 July 2000. Retrieved 27 June 2020.   Text was copied from this source, which is available under an Attribution 3.0 Australia (CC BY 3.0 AU) licence.
  10. ^ a b "One-Stop Shop for environmental approvals". Australia. Department of Agriculture, Water and the Environment. 16 October 2013. Retrieved 27 June 2020.
  11. ^ Australian Network of Environmental Defender’s Offices (30 May 2014). "ANEDO submission on the Senate Inquiry into the EPBC Amendment (Bilateral Agreement Implementation) Bill 2014 and the EPBC Amendment (Cost Recovery) Bill 2014" (PDF). (PDF) from the original on 20 September 2016. Retrieved 27 June 2020. Hasty bilateral agreements to delegate Commonwealth government powers to State and Territories, as proposed by the Federal government's 'one stop shop' approach and facilitated by the Bill, may in fact, create complexity and fragmentation with a confusing "eight stop shop" of different State and Territory systems as Commonwealth requirements are 'bolted on' to the different state legislative structures.
  12. ^ Murphy, Katharine (9 April 2007). "Limited scrutiny on nuclear projects". The Age (Melbourne). p. 3.
  13. ^ "What is a 'Matter of National Environmental Significance' (MNES)?". Law Handbook. Legal Services Commission of South Australia. 29 August 2020. Retrieved 31 August 2020.
  14. ^ "Significant Impact Guidelines 1.1 - Matters of National Environmental Significance". Department of Agriculture, Water and the Environment. Retrieved 31 August 2020.   Text was copied from this source, which is available under a Attribution 4.0 International (CC BY 4.0) licence.
  15. ^ "Species Profile and Threats Database (SPRAT)". Department of Agriculture, Water and the Environment, Australian Government. Retrieved 27 June 2020.
  16. ^ a b "Scope of the EPBC Act". Independent review of the EPBC Act. 26 June 2020. Retrieved 27 June 2020.
  17. ^ . National Farmers' Federation. 9 February 2007. Archived from the original (Word Document (.doc)) on 19 July 2008. Retrieved 4 June 2008.
  18. ^ "Environment Protection and Biodiversity Conservation Amendment (Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development) Act 2012". Federal Register of Legislation. 26 October 2012. Retrieved 31 August 2020.
  19. ^ "Environment Protection and Biodiversity Conservation Amendment Act 2013". Federal Register of Legislation. 25 June 2013. Retrieved 31 August 2020.
  20. ^ a b "Explainer: What is the 'water trigger'?". Environmental Defenders Office. 13 November 2018. Retrieved 31 August 2020.
  21. ^ a b Hannam, Peter (16 March 2020). "Morrison government faces legal challenge over Adani pipeline plan". The Sydney Morning Herald. Retrieved 31 August 2020.
  22. ^ "ACF challenges Morrison Government decision to not apply water trigger to Adani pipeline". Australian Conservation Foundation. 1 August 2018. Retrieved 31 August 2020.
  23. ^ "EPBC Amendment Bill tabled to facilitate bilateral approval agreements". Herbert Smith Freehills. Environment, Planning & Communities notes. 27 August 2020. Retrieved 31 August 2020.
  24. ^ Cox, Lisa (27 August 2020). "Australia's national environmental laws: what is the Morrison government proposing to change and why?". The Guardian. Retrieved 31 August 2020.
  25. ^ a b c Dalzell, Stephanie (25 June 2020). "Auditor-General's review of EPBC act finds severe deficiencies in Environment Department's processes". ABC News. Australian Broadcasting Corporation. Retrieved 26 June 2020.
  26. ^ a b c Independent review of the Environment Protection and Biodiversity Conservation Act 1999 15 December 2010 at the Wayback Machine. Environment.gov.au. Retrieved on 2012-05-03.
  27. ^ a b "About the review". Independent review of the EPBC Act. 23 June 2020. Retrieved 27 June 2020.
  28. ^ a b c d e Ward, Michelle S.; Simmonds, Jeremy S.; et al. (8 September 2019). "Lots of loss with little scrutiny: The attrition of habitat critical for threatened species in Australia". Conservation Science and Practice. 1 (11). doi:10.1111/csp2.117.   Text was copied from this source, which is available under a Attribution 4.0 International (CC BY 4.0) licence.
  29. ^ Wilkinson, Debra; Macintosh, Andrew. "The EPBC [Environment Protection and Biodiversity Conservation] Act [1999]: the case for reform". Australasian Journal of Natural Resources Law and Policy. 10 (1). Retrieved 26 June 2020.
  30. ^ McGrath, Chris (2006). "Swirls in the stream of Australian environmental law: Debate on the EPBC Act". Environmental Planning Law Journal (23): 165–184.
  31. ^ McVay, Peter; Mathie, Cameron; Crossley, David (2007). The Conservation and Protection of National Threatened Species and Ecological Communities [for the] Department of the Environment and Water Resources. Auditor-General Audit Report No.31, 2006–07 Performance Audit. Commonwealth of Australia. ISBN 978-0-642-80950-6. ISSN 1036-7632. pdf
  32. ^ a b "Audit slams slow Environment Department". The Age. 29 March 2007. Retrieved 27 June 2020.
  33. ^ a b c "First Independent review of the Environment Protection and Biodiversity Conservation Act 1999". Department of Agriculture, Water and the Environment. 31 October 2008. Retrieved 27 June 2020.   Text was copied from this source, which is available under a Attribution 3.0 Australia (CC BY 3.0 AU) licence.
  34. ^ a b The Australian Environment Act: Report of the Independent review of the Environment Protection and Biodiversity Conservation Act 1999: Final report. Australia. Department of the Environment, Water, Heritage and the Arts. October 2009. ISBN 978-0-9806735-2-4. Retrieved 27 June 2020 – via Trove.
  35. ^ a b "Fact Sheet 2 The Independent Review – Conclusions and Recommendations" (PDF). Department of Agriculture, Water and the Environment. October 2009. Retrieved 27 June 2020.   Text was copied from this source, which is available under a Attribution 3.0 Australia (CC BY 3.0 AU) licence.
  36. ^ Braby, Michael F (18 January 2018). "Threatened species conservation of invertebrates in Australia: an overview". Austral Entomology. Wiley. 57 (2): 173–181. doi:10.1111/aen.12324. ISSN 2052-174X.
  37. ^ Taylor, Gary S; Braby, Michael F; et al. (2018). "Strategic national approach for improving the conservation management of insects and allied invertebrates in Australia". Austral Entomology. Wiley. 57 (2): 124–149. doi:10.1111/aen.12343. ISSN 2052-174X.
  38. ^ a b Cox, Lisa (5 March 2018). "Australia has 1,800 threatened species but has not listed critical habitat in 10 years". The Guardian. Retrieved 29 June 2020.
  39. ^ Slezak, Michael (4 March 2018). "'Global deforestation hotspot': 3m hectares of Australian forest to be lost in 15 years". The Guardian. Retrieved 29 June 2020.
  40. ^ a b "Scathing Auditor-General's report on environment law makes clear case for new, independent regulator". Australian Conservation Foundation. 25 June 2020. Retrieved 26 June 2020.
  41. ^ a b "Department response to ANAO Performance Audit: Referrals, Assessments and Approvals of Controlled Actions under the Environment Protection and Biodiversity Conservation Act 1999". Australia. Department of Agriculture, Water and the Environment. 25 June 2020. Retrieved 27 June 2020. Letter from Secretary of DAWE Andrew Metcalfe to ANAO; DAWE response to Proposed Report under s.19 of the Auditor-General Act 1997
  42. ^ Australian National Audit Office (25 June 2019). Referrals, Assessments and Approvals of Controlled Actions under the Environment Protection and Biodiversity Conservation Act 1999 [for] Department of Agriculture, Water and the Environment. Australian National Audit Office. Auditor-General Report No.47 2019–20: Performance Audit. ISBN 978-1-76033-564-9. ISSN 2203-0352. Retrieved 26 June 2020. Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 Australia PDF
  43. ^ "Reviewer and Expert Panel". Independent review of the EPBC Act. 23 June 2020. Retrieved 27 June 2020.
  44. ^ a b Cox, Lisa (20 July 2020). "Australia's environment in unsustainable state of decline, major review finds". The Guardian. Retrieved 27 July 2020.
  45. ^ Cox, Lisa (15 August 2020). "Australia's environmental protection laws should mention climate change, government told". The Guardian. Retrieved 16 August 2020.
  46. ^ "Territory Parks And Wildlife Conservation Act 1976". Northern Territory Legislation. Northern Territory Government. Retrieved 28 June 2020.
  47. ^ "Environmental Assessment Act 1982". Northern Territory Legislation. Northern Territory Government. Retrieved 28 June 2020.

Further reading

  • "The EPBC Act Review 2020". Environmental Defenders Office. 7 August 2020.
  • Evans, Megan C; Burnett, Peter (23 July 2020). "National cabinet just agreed to big changes to environment law. Here's why the process shouldn't be rushed". The Conversation.
  • Kilvert, Nick (16 September 2020). "Australia singled out for mammal extinction in UN's dire global biodiversity report". ABC News. Australian Broadcasting Corporation.
  • Wiggins, Nick; Phillips, Keri (24 August 2020). "What this critically endangered bird tells us about Australia's failing environment protection laws". ABC News (Radio National: Rear Vision).

External links

  • "Environment Protection and Biodiversity Conservation Act 1999 (Series)". Federal Register of Legislation. Australian Government. (CC BY 4.0 )
  • "Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)". Australia. Department of Agriculture, Water and the Environment.
  • "Species Profile and Threats Database (SPRAT)". Department of Agriculture, Water and the Environment, Australian Government. — species and ecological communities listed under the Environment Protection and Biodiversity Conservation Act 1999
  • EPBC Act lists – Approved lists under the Act

environment, protection, biodiversity, conservation, 1999, parliament, australia, that, provides, framework, protection, australian, environment, including, biodiversity, natural, culturally, significant, places, enacted, july, 2000, established, range, proces. The Environment Protection and Biodiversity Conservation Act 1999 Cth 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 Act is as of June 2020 update administered by the Department of Agriculture Water and the Environment Lists of threatened species are drawn up under the Act and these lists the primary reference to threatened species in Australia are available online through the Species Profile and Threats Database SPRAT Parliament of AustraliaLong title An Act relating to the protection of the environment and the conservation of biodiversity and for related purposesCitationNo 91 of 1999 or No 91 1999 as amendedTerritorial extentStates and territories of AustraliaEnacted byParliament of AustraliaEnacted16 July 2000Royal assent16 July 1999Commenced16 July 2000Administered byDepartment of Agriculture Water and the EnvironmentLegislative historyIntroduced byBill Heffernan Ian CampbellFirst reading31 March 1999 1 Second reading31 March 1999 2 Status In forceAs an Act of the Australian Parliament it relies for its constitutional validity upon the legislative powers of the Parliament granted by the Australian Constitution and key provisions of the Act are largely based on a number of international multilateral or bilateral treaties A number of reviews audits and assessments of the Act have found the Act deeply flawed and thus not providing adequate environmental protection Contents 1 History 2 The Act 2 1 Matters of National Environmental Significance 2 2 Threatened species 2 3 Treaties 3 Amendments 3 1 2013 Amendment Act 3 2 2020 Amendment Act 4 Assessments 4 1 2007 audit 4 2 2008 2009 independent review 4 3 2018 invertebrate studies 4 4 2018 Guardian report 4 5 2019 assessment 4 6 June 2020 audit 4 7 2019 2020 independent review 5 See also 5 1 Related acts 6 References 7 Further reading 8 External linksHistory EditThe Environment Protection and Biodiversity Conservation Act 1999 replaced the National Parks and Wildlife Conservation Act 1975 after this legislation was repealed by the Environmental Reform Consequential Provisions Act 1999 3 4 The Environmental Reform Act also repealed four other acts Environment Protection Impact of Proposals Act 1974 Endangered Species Protection Act 1992 World Heritage Properties Conservation Act 1983 and the Whale Protection Act 1980 This Act also made consequential changes to other legislation and various administrative arrangements required by the new scheme introduced by the Act 5 The Act received Royal Assent on 16 July 1999 and commenced on 16 July 2000 5 The Environment Protection and Biodiversity Conservation Regulations 2000 also commenced on 16 July 2000 6 with 21 amendments up to the latest on 17 December 2018 7 The purpose of the regulations is to give effect to the provisions of the Act 5 The Act has had many amendments through its lifetime Significant amendments include the following The National Heritage List was established by an amendment in September 2003 8 Amendments passed in February 2007 aimed to make the Act more efficient and effective through the use of in part strategic approaches to environmental issues reducing the time and cost of processing and stronger enforcement provisions 5 Significant amendments to the Act became law on 22 June 2013 known as the Water trigger making water resources a matter of national environmental significance in relation to coal seam gas and large coal mining development 9 5 On 16 October 2013 the Environment Minister announced that the Government had approved a framework for a one stop shop environmental approval process to accredit state planning systems under national environmental law to create a single environmental assessment and approval process for nationally protected matters 10 On 16 June 2014 the proposed amendments 11 passed the House of Representatives despite opposition from environmental campaigners and significant legal commentators who criticised the Bill and expressed concerns about the delegation of Commonwealth environmental approval powers 12 Two different types of bilateral agreements assessment and approval with each state and territory provided for the approvals process depending on differing requirements to result in either two approval decisions and two sets of conditions or only one decision which includes conditions if appropriate being made 10 The Act EditThe 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 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 as of June 2020 update administered by the Department of Agriculture Water and the Environment 9 Matters of National Environmental Significance Edit As of 2020 update the Act identifies nine Matters of National Environmental Significance MNES 9 World Heritage properties National heritage places including overseas places of historic significance Wetlands of international importance Ramsar wetlands Nationally threatened species and ecological communities Migratory species Commonwealth marine areas The Great Barrier Reef Marine Park Nuclear actions including uranium mining amp building of nuclear waste repositories 13 A water resource in relation to coal seam gas development and large coal mining development The list must be reviewed every five years and the government can add new matters to this list by regulation If a proposed action is likely to have a significant impact on any of the areas it may require Commonwealth approval before it can begin It is illegal to undertake such an action without that Commonwealth approval 14 The Matters of National Environmental Significance Significant impact guidelines 1 1 provide overarching guidance on determining whether an action is likely to have a significant impact on a matter protected under national environment law 15 Threatened species Edit Lists of threatened species such as threatened fauna are drawn up under the Act and these lists are the primary reference to threatened species in Australia and are available online through the Species Profile and Threats Database SPRAT 16 Treaties Edit As an Act of the Australian 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 Act are largely based on a number of treaties including 17 18 Ramsar Convention The Convention on Wetlands of International Importance especially as Waterfowl Habitat 2 February 1971 World Heritage Convention The Convention for the Protection of the World Cultural and Natural Heritage 23 November 1972 Convention on International Trade in Endangered Species of Wild Fauna and Flora CITES Washington DC 3 March 1973 enforced 1 July 1975 Convention on the Conservation of Migratory Species of Wild Animals Bonn Convention 23 June 1979 Convention on Biological Diversity Rio de Janeiro 5 June 1992Bilateral agreements concerning migratory bird conservation include 17 Agreement between the Government of Japan and the Government of Australia for the Protection of Migratory Birds and Birds in Danger of Extinction and their Environment JAMBA 1974 Agreement between the Government of Australia and the Government of the People s Republic of China for the protection of Migratory Birds and their Environment CAMBA 1986 Agreement between the Government of Australia and the Government of the Republic of Korea on the Protection of Migratory Birds ROKAMBA 2006 Amendments EditThe Environment Protection and Biodiversity Conservation Amendment Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development Act 2012 assented to in October 2012 amended the Act to require that the Minister must obtain advice from Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development 19 2013 Amendment Act Edit Significant impacts on MNES trigger assessment under the Act A new assessment trigger was added to the Act in mid 2013 via the Environment Protection and Biodiversity Conservation Amendment Act 2013 20 The amendment relates to significant impacts on water resources for example where actions by a large coal mining development in particular coal seam gas may adversely affect groundwater in the area 21 The amendment was introduced by Tony Windsor an independent Member of Parliament MP This became known as water trigger 22 As of March 2020 update the Australian Conservation Foundation is taking the Morrison government to court for failing to apply the water trigger when it assessed Adani s North Galilee Water Scheme part of its essential infrastructure for the proposed Carmichael coal mine 23 22 2020 Amendment Act Edit On 27 August 2020 the Minister for the Environment Sussan Ley introduced the Environment Protection and Biodiversity Conservation Amendment Streamlining Environmental Approvals Bill 2020 Cth EPBC Amendment Bill which for the most part reflects reforms to the bilateral approval agreement provisions first proposed in 2014 The proposed changes would make it easier to establish bilateral approval agreements between federal and state governments and also to make it harder to challenge the devolution process under the law by clarifying that an action cannot be referred under Part 7 of the Act if it is covered by a bilateral approval agreement Other changes include allowing minor changes to state and territory assessment processes without impacting the bilateral agreement and the prohibition on matters involving the water trigger will be removed 24 so that states can make their own decisions when assessing applications by large coal mines and coal seam gas projects that can impact water resources 21 The proposed changes do not include the promised prototype national standards 25 Assessments EditA large number of studies audits reviews and parliamentary inquiries have examined various aspects of the legislation over the years 26 Section 522A 27 of the Act requires that an independent review is conducted every 10 years to examine its operation and the extent to which its objects have been met 28 A 2005 study looked specifically at threatened species recovery 29 30 In 2006 Chris McGrath examined the constitutional validity of the Act and its effectiveness at regulating non compliance 29 after two recent publications had called for major changes concluding that it is indeed constitutionally valid and that it is making an important contribution to Australian environmental law and its gains should be retained if and when any reforms are made 31 2007 audit Edit A review of the Act and actions taken under the Act was published by the Australian National Audit Office ANAO in March 2007 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 32 33 that the Department had failed to keep the list of threatened species sufficiently up to date and has failed to prepare recovery plans that there were still inconsistencies between the federal and state and territory lists of threatened species that due to partial or incorrect information there was a risk that incorrect decisions regarding conservation might be made and that the department has been denied funds necessary to meet their obligations under the Act by the Government on four occasions Australian Greens leader Bob Brown said the audit showed that the government had not provided enough funding to properly protect Australia s endangered species of flora fauna and ecological communities He said that there were no plans to save three out of four threatened species 33 2008 2009 independent review Edit On 31 October 2008 the Minister for the Environment Heritage and the Arts commissioned the first 10 year statutory independent review of the Act 27 34 The review was led by Dr Allan Hawke supported by an expert panel 34 The aim of the report was 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 35 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 The Final Report was delivered to the Minister on 30 October 2009 and publicly released on 21 December 2009 27 34 35 In its summary it said that public comments had been broadly supportive of the Act and that the Act had brought about many important reforms and in many respects was still regarded as world leading However it included 71 recommendations summarised into a reform package revolving around a nine point plan 36 redraft the Act to reflect better the Australian Government s role streamline its arrangements and rename it the Australian Environment Act establish an independent Environment Commission to advise the government on project approvals strategic assessments bioregional plans and other statutory decisions invest in the building blocks of a better regulatory system such as national environmental accounts skills development policy guidance and acquisition of critical spatial information streamline approvals through earlier engagement in planning processes and provide for more effective use and greater reliance on strategic assessments bioregional planning and approvals bilateral agreements set up an Environment Reparation Fund and national biobanking scheme provide for environmental performance audits and inquiries create a new matter of national environmental significance for ecosystems of national significance and introduce an interim greenhouse trigger improve transparency in decision making and provide greater access to the courts for public interest litigation and mandate the development of foresight reports to help government manage emerging environmental threats 36 2018 invertebrate studies Edit In 2018 two studies looked at the representativeness of listed species 29 37 and the other insects and allied invertebrates proposing a new strategic national approach for the conservation of these animals 38 2018 Guardian report Edit A The Guardian reported in March 2018 that Australia had not listed any critical habitat fin the preceding 10 years and only five areas had been registered since the introduction of the Act although more than 1 800 species and ecological communities had been classed as threatened 39 A recent investigation had shown that Australia was planning to clear 3 000 000 hectares 7 400 000 acres of native forest by 2030 much of it in Queensland 40 One weakness of the critical habitat register is that its offence provisions do not apply to state or private land only to Commonwealth land This had a big impact on the ability to name a critical habitat for the endangered Leadbeater s possum whose habitat was mainly on state and privately owned land 39 2019 assessment Edit A study by the Centre for Biodiversity and Conservation Science at the School at the University of Queensland was published in September 2019 as a quantitative assessment on the effectiveness of the Act in regulating the loss of habitat for terrestrial threatened species threatened ecological communities or terrestrial migratory species as there had been little quantitative study in this area It looked at whether the Act as implemented was achieving its objective of safeguarding Australia s biodiversity with regard to regulating loss of habitat for threatened species and ecological communities between 2000 and 2017 29 It showed that since the Act came into force in 2000 over 7 700 000 hectares 19 000 000 acres of potential habitat and communities had been cleared Of this clearing over 93 was not referred to the Federal Government for assessment meaning the loss was not scrutinised under the Act While 1 390 84 species suffered loss Mount Cooper striped skink Keighery s macarthuria and Southern black throated finch lost 25 23 and 10 of potential habitat respectively Iconic Australian species such as the koala also lost about 1 000 000 hectares 2 500 000 acres 2 3 of potential habitat This analysis showed that the Act is ineffective at protecting potential habitat for terrestrial threatened species terrestrial migratory species or threatened ecological communities 29 June 2020 audit Edit The 2020 audit was the sixth audit of referrals assessments and approvals under the Act 41 Published and tabled in Parliament 42 on 25 June 2020 the report found that the administration of referrals assessments and approvals of controlled actions under the Act by the Department of Agriculture Water and the Environment DAWE was ineffective disproportionate to environmental risk errors have occurred procedural protocols have not been followed and the Department is not well positioned to measure its contribution to the objectives of the Act The Auditor General made eight recommendations to the Department 43 ANAO found that the Department did not have adequate performance measures in place that administration had been poorly handled and that conflicts of interests were not well managed 26 DAWE responded to the audit agreeing to all eight recommendations The Secretary of DAWE Andrew Metcalfe also reported that the Act was at the time undergoing an independent statutory review led by Professor Graeme Samuel AC which was likely to result in legislative changes to the Act 42 James Tresize of the Australian Conservation Foundation commented that law was fundamentally broken and not equipped to deal with dual extinction and climate crises saying that Australia needs a stronger law and an independent regulator 26 He also pointed out that in the 20 years the laws have been in operation threatened species habitat greater in size than Tasmania has been logged and cleared 41 2019 2020 independent review Edit A statutory independent review led by Professor Graeme Samuel AC and supported by an expert panel commenced on 29 October 2019 and is due to run for a year Submissions from the public closed in April 2020 28 The expert panel consists of Bruce Martin Erika Smyth and Wendy Craik 44 The interim report released in July 2020 concluded that the laws created to protect unique species and habitats are ineffective and the current environmental trajectory is unsustainable Criticism of the Act included that it is too focused on process rather than on clear outcomes and that its current ad hoc project by project approach does not address cumulative harm During its time in operation the list of threatened species and communities has increased over time and there have been very few species that have recovered to the point that they can be removed from the list Among the changes the report proposes is a framework of legislated national environmental standards with legally enforceable rules which would underpin all powers allocated to the states and territories It recommends the establishment of an independent body to monitor and enforce compliance with environmental laws The report recommends that the federal government should start creating a set of interim standards initially in consultation with state governments and all other stakeholders and also a process whereby traditional knowledge of country by Indigenous Australians can be better integrated into decision making 45 The Minister for the Environment Sussan Ley said the government would immediately commit to developing national standards She also indicated that it would start a process whereby responsibility for environmental approvals could be devolved to state governments intending to put agreements before parliament in late August 2020 before the release of the final report due in October Environmental groups said it would be better to await the final report before cementing the approvals processes Ley said the government would improve protection of Indigenous heritage starting with a consultative process which would include state Indigenous and environment ministers 45 On 14 August 2020 Andrew Barr Chief Minister of the ACT said that the legislation needed to be modernised to address climate change which is not even mentioned in the current Act 46 See also EditDirector of National Parks List of Ramsar sites in Australia wetlands Natural Heritage Trust Regional Forest Agreement Threatened fauna of Australia List of threatened ecological communities declared by the Commonwealth of AustraliaRelated acts Edit Natural Heritage Trust of Australia Act 1997 which established the Natural Heritage Trust and continues to provide funding for environmental programs through the National Landcare ProgramBiodiversity Conservation Act 2016 NSW New South Wales Biodiversity Conservation Act 2016 WA Western Australia Flora and Fauna Guarantee Act 1988 FFG Act Victoria National Parks and Wildlife Act 1972 South Australia Nature Conservation Act 2014 Australian Capital Territory Nature Conservation Act 1992 Queensland Territory Parks and Wildlife Conservation Act 1976 TPWCA Northern Territory 47 Environment Assessment Act 1982 Northern Territory 48 Threatened Species Protection Act 1995 TSP Act TasmaniaReferences Edit Environment and Heritage Legislation Amendment Bill 1999 First Reading ParlInfo 31 March 1999 Retrieved 27 June 2020 Environment and Heritage Legislation Amendment Bill 1999 Second Reading ParlInfo 31 March 1999 Retrieved 27 June 2020 National Parks and Wildlife Conservation Act 1975 Federal Register of Legislation Australian Government 13 March 1975 Retrieved 27 June 2020 Environmental Reform Consequential Provisions Act 1999 Federal Register of Legislation Australian Government 16 July 1999 Retrieved 27 June 2020 a b c d e History of the EPBC Act Australia Department of Agriculture Water and the Environment 5 July 2000 Retrieved 27 June 2020 Text was copied from this source which is available under an Attribution 3 0 Australia CC BY 3 0 AU licence Environment Protection and Biodiversity Conservation Regulations 2000 Federal Register of Legislation 5 July 2001 Retrieved 27 June 2020 Environment Protection and Biodiversity Conservation Regulations 2000 Federal Register of Legislation Australian Government Retrieved 27 June 2020 Environment Protection and Biodiversity Conservation Act 1999 Federal Register of Legislation Australian Government 23 September 2003 Retrieved 2 July 2020 a b c Department of Agriculture Water and the Environment Department of Agriculture Water and the Environment 16 July 2000 Retrieved 27 June 2020 Text was copied from this source which is available under an Attribution 3 0 Australia CC BY 3 0 AU licence a b One Stop Shop for environmental approvals Australia Department of Agriculture Water and the Environment 16 October 2013 Retrieved 27 June 2020 Environment Protection and Biodiversity Conservation Amendment Bilateral Agreement Implementation Bill 2014 Explanatory Memorandum Australasian Legal Information Institute 1 January 2015 Retrieved 27 June 2020 Australian Network of Environmental Defender s Offices 30 May 2014 ANEDO submission on the Senate Inquiry into the EPBC Amendment Bilateral Agreement Implementation Bill 2014 and the EPBC Amendment Cost Recovery Bill 2014 PDF Archived PDF from the original on 20 September 2016 Retrieved 27 June 2020 Hasty bilateral agreements to delegate Commonwealth government powers to State and Territories as proposed by the Federal government s one stop shop approach and facilitated by the Bill may in fact create complexity and fragmentation with a confusing eight stop shop of different State and Territory systems as Commonwealth requirements are bolted on to the different state legislative structures Murphy Katharine 9 April 2007 Limited scrutiny on nuclear projects The Age Melbourne p 3 What is a Matter of National Environmental Significance MNES Law Handbook Legal Services Commission of South Australia 29 August 2020 Retrieved 31 August 2020 Significant Impact Guidelines 1 1 Matters of National Environmental Significance Department of Agriculture Water and the Environment Retrieved 31 August 2020 Text was copied from this source which is available under a Attribution 4 0 International CC BY 4 0 licence Species Profile and Threats Database SPRAT Department of Agriculture Water and the Environment Australian Government Retrieved 27 June 2020 a b Scope of the EPBC Act Independent review of the EPBC Act 26 June 2020 Retrieved 27 June 2020 The Environment Protection amp Biodiversity Conservation Act and the Australian Constitution National Farmers Federation 9 February 2007 Archived from the original Word Document doc on 19 July 2008 Retrieved 4 June 2008 Environment Protection and Biodiversity Conservation Amendment Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development Act 2012 Federal Register of Legislation 26 October 2012 Retrieved 31 August 2020 Environment Protection and Biodiversity Conservation Amendment Act 2013 Federal Register of Legislation 25 June 2013 Retrieved 31 August 2020 a b Explainer What is the water trigger Environmental Defenders Office 13 November 2018 Retrieved 31 August 2020 a b Hannam Peter 16 March 2020 Morrison government faces legal challenge over Adani pipeline plan The Sydney Morning Herald Retrieved 31 August 2020 ACF challenges Morrison Government decision to not apply water trigger to Adani pipeline Australian Conservation Foundation 1 August 2018 Retrieved 31 August 2020 EPBC Amendment Bill tabled to facilitate bilateral approval agreements Herbert Smith Freehills Environment Planning amp Communities notes 27 August 2020 Retrieved 31 August 2020 Cox Lisa 27 August 2020 Australia s national environmental laws what is the Morrison government proposing to change and why The Guardian Retrieved 31 August 2020 a b c Dalzell Stephanie 25 June 2020 Auditor General s review of EPBC act finds severe deficiencies in Environment Department s processes ABC News Australian Broadcasting Corporation Retrieved 26 June 2020 a b c Independent review of the Environment Protection and Biodiversity Conservation Act 1999 Archived 15 December 2010 at the Wayback Machine Environment gov au Retrieved on 2012 05 03 a b About the review Independent review of the EPBC Act 23 June 2020 Retrieved 27 June 2020 a b c d e Ward Michelle S Simmonds Jeremy S et al 8 September 2019 Lots of loss with little scrutiny The attrition of habitat critical for threatened species in Australia Conservation Science and Practice 1 11 doi 10 1111 csp2 117 Text was copied from this source which is available under a Attribution 4 0 International CC BY 4 0 licence Wilkinson Debra Macintosh Andrew The EPBC Environment Protection and Biodiversity Conservation Act 1999 the case for reform Australasian Journal of Natural Resources Law and Policy 10 1 Retrieved 26 June 2020 McGrath Chris 2006 Swirls in the stream of Australian environmental law Debate on the EPBC Act Environmental Planning Law Journal 23 165 184 McVay Peter Mathie Cameron Crossley David 2007 The Conservation and Protection of National Threatened Species and Ecological Communities for the Department of the Environment and Water Resources Auditor General Audit Report No 31 2006 07 Performance Audit Commonwealth of Australia ISBN 978 0 642 80950 6 ISSN 1036 7632 pdf a b Audit slams slow Environment Department The Age 29 March 2007 Retrieved 27 June 2020 a b c First Independent review of the Environment Protection and Biodiversity Conservation Act 1999 Department of Agriculture Water and the Environment 31 October 2008 Retrieved 27 June 2020 Text was copied from this source which is available under a Attribution 3 0 Australia CC BY 3 0 AU licence a b The Australian Environment Act Report of the Independent review of the Environment Protection and Biodiversity Conservation Act 1999 Final report Australia Department of the Environment Water Heritage and the Arts October 2009 ISBN 978 0 9806735 2 4 Retrieved 27 June 2020 via Trove a b Fact Sheet 2 The Independent Review Conclusions and Recommendations PDF Department of Agriculture Water and the Environment October 2009 Retrieved 27 June 2020 Text was copied from this source which is available under a Attribution 3 0 Australia CC BY 3 0 AU licence Braby Michael F 18 January 2018 Threatened species conservation of invertebrates in Australia an overview Austral Entomology Wiley 57 2 173 181 doi 10 1111 aen 12324 ISSN 2052 174X Taylor Gary S Braby Michael F et al 2018 Strategic national approach for improving the conservation management of insects and allied invertebrates in Australia Austral Entomology Wiley 57 2 124 149 doi 10 1111 aen 12343 ISSN 2052 174X a b Cox Lisa 5 March 2018 Australia has 1 800 threatened species but has not listed critical habitat in 10 years The Guardian Retrieved 29 June 2020 Slezak Michael 4 March 2018 Global deforestation hotspot 3m hectares of Australian forest to be lost in 15 years The Guardian Retrieved 29 June 2020 a b Scathing Auditor General s report on environment law makes clear case for new independent regulator Australian Conservation Foundation 25 June 2020 Retrieved 26 June 2020 a b Department response to ANAO Performance Audit Referrals Assessments and Approvals of Controlled Actions under the Environment Protection and Biodiversity Conservation Act 1999 Australia Department of Agriculture Water and the Environment 25 June 2020 Retrieved 27 June 2020 Letter from Secretary of DAWE Andrew Metcalfe to ANAO DAWE response to Proposed Report under s 19 of the Auditor General Act 1997 Australian National Audit Office 25 June 2019 Referrals Assessments and Approvals of Controlled Actions under the Environment Protection and Biodiversity Conservation Act 1999 for Department of Agriculture Water and the Environment Australian National Audit Office Auditor General Report No 47 2019 20 Performance Audit ISBN 978 1 76033 564 9 ISSN 2203 0352 Retrieved 26 June 2020 Creative Commons Attribution NonCommercial NoDerivatives 3 0 Australia PDF Reviewer and Expert Panel Independent review of the EPBC Act 23 June 2020 Retrieved 27 June 2020 a b Cox Lisa 20 July 2020 Australia s environment in unsustainable state of decline major review finds The Guardian Retrieved 27 July 2020 Cox Lisa 15 August 2020 Australia s environmental protection laws should mention climate change government told The Guardian Retrieved 16 August 2020 Territory Parks And Wildlife Conservation Act 1976 Northern Territory Legislation Northern Territory Government Retrieved 28 June 2020 Environmental Assessment Act 1982 Northern Territory Legislation Northern Territory Government Retrieved 28 June 2020 Further reading Edit The EPBC Act Review 2020 Environmental Defenders Office 7 August 2020 Evans Megan C Burnett Peter 23 July 2020 National cabinet just agreed to big changes to environment law Here s why the process shouldn t be rushed The Conversation Kilvert Nick 16 September 2020 Australia singled out for mammal extinction in UN s dire global biodiversity report ABC News Australian Broadcasting Corporation Wiggins Nick Phillips Keri 24 August 2020 What this critically endangered bird tells us about Australia s failing environment protection laws ABC News Radio National Rear Vision External links Edit Wikidata has the property Species Profile and Threats Database ID P2455 see uses Environment Protection and Biodiversity Conservation Act 1999 Series Federal Register of Legislation Australian Government CC BY 4 0 Environment Protection and Biodiversity Conservation Act 1999 EPBC Act Australia Department of Agriculture Water and the Environment Species Profile and Threats Database SPRAT Department of Agriculture Water and the Environment Australian Government species and ecological communities listed under the Environment Protection and Biodiversity Conservation Act 1999 EPBC Act lists Approved lists under the Act Retrieved from https en wikipedia org w index php title Environment Protection and Biodiversity Conservation Act 1999 amp oldid 1135753642, wikipedia, wiki, book, books, library,

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