Purpose:

The Environment Protection and Biodiversity Conservation Act 1999 provides for the protection of the environment, conservation of biodiversity, and promotion of ecologically sustainable development, especially focusing on matters of national environmental significance.

Objectives:

• To provide for the protection of the environment, especially those aspects of the environment that are matters of national environmental significance.
• To promote ecologically sustainable development through the conservation and ecologically sustainable use of natural resources.
• To promote the conservation of biodiversity.
• To provide for the protection and conservation of heritage.
• To promote a co-operative approach to the protection and management of the environment involving governments, the community, land-holders and indigenous peoples.
• To assist in the co-operative implementation of Australia’s international environmental responsibilities.
• To recognise the role of indigenous people in the conservation and ecologically sustainable use of Australia’s biodiversity.
• To promote the use of indigenous peoples’ knowledge of biodiversity with the involvement of, and in co-operation with, the owners of the knowledge.

Key Provisions:

• Requirements for Environmental Approvals (Part 3): Prohibits actions with a significant impact on matters of national environmental significance (World Heritage properties, National Heritage places, Ramsar wetlands, listed threatened species and communities, listed migratory species, nuclear actions, marine environment, Great Barrier Reef Marine Park, water resources from unconventional gas and large coal mining development) without prior approval.
• Environmental Assessment and Approval Process (Chapter 4): Establishes comprehensive processes for determining if an action is a “controlled action” requiring approval, assessing the action’s impacts (e.g., through public environment reports, environmental impact statements, or public inquiries), and granting or refusing approvals, often with specific conditions.
• Bilateral Agreements (Chapter 3): Authorises the Minister to enter into agreements with States or Territories to accredit their environmental assessment and approval processes, thereby allowing actions covered by such agreements not to require separate federal approval under Part 9.
• Exemptions for Forestry Operations (Part 4, Division 4): Specifies conditions under which certain RFA forestry operations are exempt from the approval requirements of Part 3, particularly those undertaken in accordance with a Regional Forest Agreement or during the process of negotiating such an agreement.
• Permit System for Species and Cetaceans (Part 13): Mandates a permit system for actions that might kill, injure, take, trade, keep, move, or interfere with members of listed threatened species, migratory species, marine species, or cetaceans in Commonwealth areas, unless specific exemptions apply.
• Protection of Critical Habitat (Part 13, Subdivision BA): Provides for the establishment of a Register of Critical Habitat and prohibits knowingly damaging critical habitat for listed threatened species or ecological communities in Commonwealth areas, also requiring the inclusion of protective covenants in contracts for sale or lease of Commonwealth land containing such habitat.

Evidence of Compliance Requirements For Agricultural Organisations:

• Referral of Proposals for Assessment:
  • Organisations proposing an action that may be or is a “controlled action” (i.e., likely to have a significant impact on matters of national environmental significance) must refer the proposal to the Minister (Section 68(1)).
  • The referral must be made in a way prescribed by regulations and include information prescribed by regulations (Section 72(1), (2)). This information may include alternative proposals regarding location, timeframes, or activities (Section 72(3)).
• Provision of Additional Information:
  • Organisations must provide specified information if the Minister requests it for deciding if an action is a controlled action, for assessing its relevant impacts, or for making an approval decision (Sections 76, 89, 132). This includes information about strategies for mitigating adverse impacts and details of any ongoing State or Territory assessments (Sections 76(3), (4), 89(1), (2)).
  • When applying for a variation of an action management plan, the application must be accompanied by any information or documents required by regulations (Section 143A(2)(b)(i)).
• Public Comment on Referrals:
  • Information included in the referral may be published on the internet for public comment (Section 74(3)(a)). Organisations should be aware that information they consider “commercial-in-confidence” may be withheld from public publication if competitive detriment is demonstrated, the information is not in the public domain, not required by other law, and not readily discoverable (Section 74(3A), (3B)).
• Compliance with Approval Conditions:
  • The holder of an approval must not contravene any condition attached to the approval (Section 142(1)).
  • Specific types of conditions that may be attached include:
    • Activities: Requiring specified activities to be undertaken for protecting, repairing, or mitigating damage to a protected matter (Section 134(3)(aa)).
    • Financial Contributions: Requiring a specified financial contribution to be made for supporting protection/mitigation activities (Section 134(3)(ab)). This type of condition requires the holder’s consent if the activities are not reasonably related to the action (Section 134(3A)(a)).
    • Security: Requiring security (e.g., bond, guarantee, cash deposit) to ensure compliance with the Act, approval conditions, and to cover liabilities for Commonwealth-taken repair/mitigation measures (Section 134(3)(a)).
    • Insurance: Requiring insurance against specified liability to the Commonwealth for repair/mitigation measures (Section 134(3)(b)).
    • Compliance with Other Laws: Requiring compliance with conditions specified in instruments made or granted under State, Territory, or other Commonwealth laws (Section 134(3)©).
    • Action Management Plan: If elected by the proponent or added as a condition, requiring an action management plan to be submitted for approval (with any prescribed fee) and implemented once approved (Section 134(3)(e)). Variations to an approved plan may be applied for in writing, accompanied by prescribed information/documents and fees (Section 143A(1), (2)).
    • Environmental Monitoring/Testing: Requiring specified environmental monitoring or testing to be carried out (Section 134(3)(f)).
    • Industry Standards: Requiring compliance with a specified industry standard or code of practice (Section 134(3)(g)).
  • Informing Third Parties: If the approval holder authorises, permits, or requests another person to undertake any part of the action, the holder must take all reasonable steps to inform that person of relevant conditions and ensure their compliance (Section 134(1A)).
• Environmental Audits:
  • Conditions attached to an approval may require an environmental audit of the action to be carried out periodically by an independent person (Section 134(3)(d)).
• Permit System for Species and Cetaceans:
  • Application for Permits: Persons must apply to the Minister for permits to undertake actions involving listed threatened species, migratory species, marine species, or cetaceans in Commonwealth areas, following prescribed regulations and paying any prescribed fees (Sections 200(1), (2), 215(1), (2), 237(1), (2), 257(1), (2)).
  • Public Comment on Permit Applications: Details of the application will be published on the internet, and public comments invited within 10 business days (measured in Canberra) (Sections 200(3), 215(3), 237(3), 257(3)).
  • Compliance with Permit Conditions: Permit holders must comply with specified conditions; contravention is an offence (Sections 203, 218, 240, 260).
  • Authorities Under Permits: Permit holders may give written authority to another person to take actions authorised by the permit, but only if the permit allows and in accordance with any requirements set out in the condition. The holder must give written notice of such authority to the Minister within 14 days (Sections 204(1), (2), (6), 219(1), (2), (6), 241(1), (2), (6), 261(1), (2), (6)).
• Notification of Unauthorised Takes/Interference (Incidental Takes):
  • If an action (not authorised by a permit) results in death/injury or involves taking/trading/keeping/moving of a listed threatened/migratory/marine species or cetacean in a Commonwealth area, and the action does not constitute an offence (e.g., due to specific legislative exemptions), the person must notify the Secretary within 7 days of becoming aware (Sections 199(2), 214(2), 232(2), 256(2)).
  • The notification must be in writing, by telephone, or other electronic equipment, and include particulars prescribed by regulations (e.g., time and place of action) (Sections 199(2), (3), 214(2), (3), 232(2), (3), 256(2), (3)).
• Covenants on Commonwealth Land Sales/Leases:
  • Commonwealth agencies selling or leasing Commonwealth land containing critical habitat must ensure the contract includes a covenant to protect the habitat, binding successors in title as far as practicable (Section 207C).

Metadata Keywords:

Environmental Protection, Biodiversity Conservation, Australian Law, Sustainable Development, Wildlife Permits, Fisheries Management, Forestry Operations, Heritage Protection, Controlled Actions, Compliance

Publication Information:

Compilation date: 28 March 2025 Includes amendments: Act No. 18, 2025

Agricultural Industry Alignment:

Fisheries, Forestry

Date Added to database:

This document was parsed and added to the database on 25-07-2025

URL:

https://www.legislation.gov.au/C2004A00485/2025-03-28/2025-03-28/text/original/pdf/1 →