Recommended National Environmental Standards
Appendix B to the Final Report sets out in detail 4 recommended National Environmental Standards that were developed by the Review following consultation with science, Indigenous, environmental and business stakeholders and with input from technical experts.
Element |
Description |
Environmental Outcome |
Matters of national environmental significance are protected and enhanced, and decision-making actively contributes to improvements in their conservation and management. |
National Standard |
|
Monitoring and Reporting |
|
Review |
National Environmental Standards should be reviewed and updated regularly, including when there are substantive changes to the EPBC Act or relevant administrative arrangements, or major events that may impact the status of protected matters. |
This Standard should be applied in conjunction with all other relevant National Environmental Standards.
Definitions
Cumulative impacts: the collective impacts from all actions, decisions, plans, policies and other pressures, measured against a stipulated baseline. See Significant Impact Guidelines 1.2 (2013), Significant Impact Guidelines 1.3 (2013) and Reef 2050 Plan: Cumulative Impact Management Policy (2018) for further explanation of the concept of cumulative impacts.
Key threatening processes: means a threatening process included in the list referred to in section 183 of the EPBC Act.
Objects of the EPBC Act: see section 3 of the EPBC Act.
Offset: measures that may be used once it has been demonstrated that all reasonable steps have been taken to avoid and minimise impacts, that are provided to compensate, repair or replace an impacted value, including changes to the integrity, quality, condition and/or extent of habitat. Offsets must be consistent with the EPBC Act Environmental Offsets Policy (2012, as updated from time to time), or an accredited policy relating to offsets of a state or territory. Offsets must be achievable and ecologically feasible:
- An offset is achievable where demonstrated scientific knowledge exists on how to restore the habitat with a high confidence of success, and its long-term protection is assured (for example through conservation covenants or conservation agreements), and
- An offset is ecologically feasible where it can be demonstrated that the species or community can be reliably restored in a timeframe proportionate to effectively address the impact of the action and enough space exists to undertake restoration (not ecologically or tenure constrained).
Principles of ecologically sustainable development (including the precautionary principle): see section 3A of the EPBC Act.
Principle of non-regression: this principle seeks to ensure the overall protection of the environment is not diminished over time. It is consistent with the principles of ecologically sustainable development, the EPBC Act Environmental Offsets Policy (2012, as updated from time to time) and the Australian Government commitment to maintain environmental protections.
Significant impact: a ‘significant impact’ is an impact which is important, notable, or of consequence, having regard to its context or intensity. Whether or not an action is likely to have a significant impact depends upon the sensitivity, value, and quality of the environment, and upon the intensity, duration, magnitude and geographic extent of the impacts. All of these factors should be considered when determining whether an action is likely to have a significant impact. See the Significant Impact Guidelines 1.1: Matters of National Environmental Significance (2013) for more information about assessing the significance of impacts on matters of national environmental significance.
Unacceptable or unsustainable: section 46(3)(c) of the EPBC Act requires that actions approved under a bilateral agreement not have unacceptable or unsustainable impacts on relevant MNES. Whether impacts are unacceptable should be determined with reference to the nature and context of the proposed action, past decisions, and best available information.
Additional information
Supplementary navigation and content
Contents
- Foreword
- Key messages
- Executive summary
- Recommendations
- About the Review
- Chapter 1 - National-level protection and conservation of the environment and iconic places
- Chapter 2 - Indigenous culture and heritage
- Chapter 3 - Reducing legislative complexity
- Chapter 4 - Trust in the EPBC Act
- Chapter 5 - Interactions with States and Territories
- Chapter 6 - Commonwealth decisions and interactions with other Commonwealth laws
- Chapter 7 - Accreditation, audit and independent oversight
- Chapter 8 - Planning and restoration
- Chapter 9 - Compliance and enforcement
- Chapter 10 - Data, information and systems
- Chapter 11 - Environmental monitoring, evaluation and reporting
- Chapter 12 - The reform pathway
- Appendix A - Stakeholders the Reviewer met with
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Appendix B - Recommended National Environmental Standards
- Appendix B1 - Recommended National Environmental Standards for Matters of National Environmental Significance
- Appendix B1 - Overarching MNES Standard
- Appendix B1 - Matter-specific Standard for World Heritage
- Appendix B1 - Matter-specific Standards for National Heritage
- Appendix B1 - Matter-specific Standards for Wetlands of International Importance (Ramsar wetlands)
- Appendix B1 - Matter-specific Standard for Threatened Species and Ecological Communities
- Appendix B1 - Matter-specific Standard for Migratory Species
- Appendix B1 - Matter-specific Standard for Commonwealth Marine Environment
- Appendix B1 - Matter-specific Standard for the Great Barrier Reef Marine Park
- Appendix B1 - Matter-specific Standard for Protection of the Environment from Nuclear Actions
- Appendix B1 - Matter-specific Standard for Protection of Water Resources from Coal Seam Gas Development and Large Coal Mining Development
- Appendix B2 - Recommended National Environmental Standard for Indigenous Engagement and Participation in Decision-Making
- Appendix B3 - Recommended National Environmental Standard for Compliance and Enforcement
- Appendix B4 - Recommended National Environmental Standard for Data and Information
- References
- Further reading