Resources

The review of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is now complete. The Final Report was provided to the Minister for the Environment on 30 October 2020 and released on 28 January 2021.

Interim Report

This discussion paper is the first step in consultation for the EPBC Act review.

Terms of reference for the Independent review of the Environment Protection and Biodiversity Conservation Act 1999

This guideline sets out the general approach that the independent review of the EPBC Act will take to the collection, use and disclosure of information.

The EPBC Act is the Australian Government’s central piece of environmental legislation. The Act reflects the role of the Commonwealth to address environmental matters of national significance, provide a nationally coordinated approach to managing our environment and meet our international commitments. It establishes a national approach to a wide range of environmental protection and biodiversity conservation matters, with responsibility for decision-making bestowed primarily on the Minister for the Environment.

Areas of ecological, cultural and/or heritage significance are identified, protected and managed under the EPBC Act. These include world and national heritage properties, Ramsar wetlands of international importance, biosphere reserves and Commonwealth land and marine reserves (National Parks).

The EPBC Act enables the Australian Government to list migratory species, threatened species and ecological communities to identify biodiversity specifically protected. The Act includes mechanisms to mitigate impacts on, protect and recover biodiversity, including recovery plans, conservation agreements and threat abatement plans.

Environmental Impact Assessment is a regulatory mechanism provided in the EPBC Act that aims to ensure that significant impacts to matters of national environmental significance are either avoided, mitigated or offset. This mechanism generally applies at a local scale and includes the regulation of Commonwealth land and actions by Commonwealth agencies.

The EPBC Act provides for the protection of the environment on a landscape or regional scale. This protection includes mechanisms such as strategic assessments and bioregional planning.

The EPBC Act regulates the export of Australian native species and the import of live plants and animals.

Places with Indigenous heritage can be protected and managed under the EPBC Act. Traditional Owners can be involved in the management of Commonwealth reserves. There are other mechanisms in the Act to support the contribution of Indigenous Australians.

The EPBC Act (particularly Part 17) includes monitoring, audit, compliance and enforcement for approvals and permits. The Act also provides the regulatory framework for general and specific deterrence for those who choose to take actions without required permits or approvals.

The EPBC Act enables cooperative partnerships to be established with states and territories, Indigenous Australians and private landowners. Advisory committees are established under the Act. They provide advice to the Minister on specific issues.

The EPBC Act has mechanisms that require the Australian Government to report on the effectiveness of the Act. These include Annual Reports and State of the Environment Reports.

The EPBC Act sets out who has the responsibility to make decisions, and what they need to consider. It also provides for decisions to be reviewed.