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 identifies seven matters of national environmental significance:
★ World Heritage properties
★ National heritage places
★ Wetlands of international importance (Ramsar wetlands)
★ Threatened species and ecological communities
★ Migratory species
★ Commonwealth marine areas
★ Nuclear actions (including uranium mining & building of nuclear waste repositories [1])
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.
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.
★ 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
★ Threatened Species Protection Act 1995 (TSP Act), Tasmania
★ Wildlife Conservation Act 1950, Western Australia
★ Fauna and Flora Guarantee Act (1986) (FFG Act), Victoria
★ National Parks and Wildlife Act 1972, South Australia
★ Threatened Species Conservation Act 1995, New South Wales (TSC Act)
★ Nature Conservation Act 1980, Australian Capital Territory
★ Nature Conservation Act, Queensland
★ Territory Parks and Wildlife Conservation Act 2000 (TPWCA), Northern Territory
★ Environment Assessment Act, Northern Territory
★ Threatened fauna of Australia
★ Ramsar Convention
★ Australian and New Zealand Environment Conservation Council (ANZECC) (1991 to 2001)
★ Biodiversity Hotspots program
★ Natural Heritage Trust
★ About the EPBC Act
★ ANAO Audit Report No.31 2006–07. The Conservation and Protection of National Threatened Species and Ecological Communities
★ Audit slams slow Environment Department, The Age, March 29, 2007
1. Limited scrutiny on nuclear projects Katharine Murphy
★ Threatened Species and Threatened Ecological Communities under the EPBC Act
★ The Act is available at http://www.austlii.edu.au/au/legis/cth/consol_act/epabca1999588/
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 identifies seven matters of national environmental significance:
★ World Heritage properties
★ National heritage places
★ Wetlands of international importance (Ramsar wetlands)
★ Threatened species and ecological communities
★ Migratory species
★ Commonwealth marine areas
★ Nuclear actions (including uranium mining & building of nuclear waste repositories [1])
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 |
| 2007 review |
| Related acts |
| State acts |
| See also |
| References |
| External links |
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.
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
★ Threatened Species Protection Act 1995 (TSP Act), Tasmania
★ Wildlife Conservation Act 1950, Western Australia
★ Fauna and Flora Guarantee Act (1986) (FFG Act), Victoria
★ National Parks and Wildlife Act 1972, South Australia
★ Threatened Species Conservation Act 1995, New South Wales (TSC Act)
★ Nature Conservation Act 1980, Australian Capital Territory
★ Nature Conservation Act, Queensland
★ Territory Parks and Wildlife Conservation Act 2000 (TPWCA), Northern Territory
★ Environment Assessment Act, Northern Territory
See also
★ Threatened fauna of Australia
★ Ramsar Convention
★ Australian and New Zealand Environment Conservation Council (ANZECC) (1991 to 2001)
★ Biodiversity Hotspots program
★ Natural Heritage Trust
References
★ About the EPBC Act
★ ANAO Audit Report No.31 2006–07. The Conservation and Protection of National Threatened Species and Ecological Communities
★ Audit slams slow Environment Department, The Age, March 29, 2007
1. Limited scrutiny on nuclear projects Katharine Murphy
External links
★ Threatened Species and Threatened Ecological Communities under the EPBC Act
★ The Act is available at http://www.austlii.edu.au/au/legis/cth/consol_act/epabca1999588/
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