Final report

Further reading

October 2020

About the EPBC Act

A series of fact sheets is available on the Review website:

Suggestions for MNES

Anonymous (2020) ANON-K57V-XFKK-1 Submission in response to the Discussion Paper,

Australian Academy of Science (2020) ANON-K57V-XQQM-M>Submission in response to the Discussion Paper.

Department of Agriculture Water and the Environment (n.d.) What does the EPBC Act protect?, accessed 20 October 2020.

Douglas Shire Council (2020) ANON-K57V-XFDK-T Submission in response to the Discussion Paper,

EDO NSW and Humane Society International Australia (2018) Next Generation Biodiversity Laws – Best practice elements for a new Commonwealth Environment Act, accessed 20 October 2020.

Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development (IESC) (2020) ANON-K57V-XFQ8-M Submission in response to the Discussion Paper.

Indigenous Reference Group to the Ministerial Forum on Northern Australia (2020) ANON-K57V-XYV5-9 Submission in response to the Discussion Paper.

Joint ENGO on Nuclear Issues (2020) ANON-QJCP-UGK8-D Submission in response to the Discussion Paper.

Local Government Association of Queensland (2020) ANON-K57V-XQBF-X Submission in response to the Discussion Paper.

NESP - Threatened Species Recovery (2020) ANON-K57V-XYS3-4 Submission in response to the Discussion Paper.

Threatened Species Scientific Committee (2020) ANON-K57V-XF2U-J Submission in response to the Discussion Paper.

Foundational intergovernmental agreements on the environment

Council of Australian Governments (CoAG) (1997) Heads of Agreement on Commonwealth and State Roles and Responsibilities for the Environment, accessed 16 October 2020.

Council of Australian Governments (CoAG) Heads of Government of the Commonwealth, States and Territories of Australia (1992) Intergovernmental Agreement on the Environment, accessed 16 October 2020.

Australia’s biodiversity, ecosystems and heritage

Academy of Science (2020) ANON-K57V-XQQM-M Submission in response to the Discussion Paper.

ACT Heritage Council (2020) ANON-K57V-XQK2-K Submission in response to the Discussion Paper.

Australian Institute of Marine Science (2020) ANON-K57V-XQ18-Y Submission in response to the Discussion Paper.

Australian Marine Conservation Society (2020) ANON-K57V-XQRB-A Submission in response to the Discussion Paper.

Australian World Heritage Advisory Committee (2020) ANON-QJCP-UGZ1-N Submission in response to the Discussion Paper.

Centre for Biodiversity and Conservation Science (2020) ANON-K57V-XQQE-C Submission in response to the Discussion Paper.

Centre for Marine Science University of Queensland (2020) ANON-K57V-XQ5X-3 Submission in response to the Discussion Paper.

Cresswell I and Murphy H (2016) Biodiversity. In: Australia state of the environment 2016, Australian Government, Department of the Environment and Energy.

CSIRO (2020) ANON-K57V-XFQC-Y Submission in response to the Discussion Paper.

Ecological Society of Australia (2020) ANON-K57V-XZXD-U Submission in response to the Discussion Paper.

Mackay R (2016) ‘Heritage: Heritage’, Australia state of the environment 2016, Australian Government, Department of the Environment and Energy.

The University of Melbourne; The University of Queensland; Australian National University; Charles Darwin University (2020) ANON-K57V-XYS3-4 Submission in response to the Discussion Paper.

The Wentworth Group of Concerned Scientists (2020) ANON-K57V-XQTW-1 Submission in response to the Discussion Paper.

Threatened Species Recovery Hub (2020) Major declines in threatened mammal populations over last 20 years, but news not all bad, accessed 20 October 2020.

Threatened Species Scientific Committee (2020) ANON-K57V-XF2U-J Submission in response to the Discussion Paper.

TSX (n.d.) Threatened Species Index, NESP Threatened Species Recovery Hub.

Ward M, Simmonds J, Reside A, Watson J, Rhodes J, Possingham H, Trezise J, Fletcher R, File L and Taylor M (2019) ‘Lots of loss with little scrutiny: The attrition of habitat critical for threatened species in Australia’, Conservation Science and Practice, CSP2.117.

Views on the objects of the EPBC Act

Anonymous (2020) ANON-K57V-XFY2-P Submission in response to the Discussion Paper.

Archer Mountain Earth Community (2020) ANON-K57V-XF8Z-W Submission in response to the Discussion Paper.

Stuart S (2020) ANON-K57V-XFJT-9 Submission in response to the Discussion Paper.

Breen L (2020) ANON-K57V-XFP7-J Submission in response to the Discussion Paper.

Carolane S (2020) ANON-K57V-XF6P-H Submission in response to the Discussion Paper.

Heritage submissions

ACT Heritage Council (2020) ANON-K57V-XQK2-K Submission in response to the Discussion Paper.

Australian Heritage Council (2020) ANON-QJCP-UGZD-8 Submission in response to the Discussion Paper.

Australian World Heritage Advisory Committee (2020) ANON-QJCP-UGZ1-N Submission in response to the Discussion Paper.

Federation of Australian Historical Societies Inc (2020) ANON-K57V-XQP5-U Submission in response to the Discussion Paper.

Recovery planning

Commonwealth of Australia (2019) Draft Recovery Plan for the Greater Bilby (Macrotis lagotis), CoA.

State of Queensland, Environment Protection Agency (2002) Recovery plan for the golden-shouldered parrot Psephotus chrysopterygius 2003-2007, State of Queensland.

Threats

Threatened Species Scientific Committee (2020) ANON-K57V-XF2U-J Submission in response to the Discussion Paper.

Australian Academy of Science (2020) ANON-K57V-XQQM-M Submission in response to the Discussion Paper.

Invasive Species Council (2020) ANON-K57V-XQ1E-C Submission in response to the Discussion Paper.

NESP Threatened Species Recovery Hub (2020) ANON-K57V-XYS3-4 Submission in response to the Discussion Paper.

Closing the Gap

CoAG (Council of Australian Governments) (2019) National Partnership Agreement on Closing the Gap, Australian Government.

Coalition of Aboriginal and Torres Strait Islander Peak Organisations (Coalition of Peaks) (2018) A new way of working, Talking about what’s needed to close the gap in life outcomes between Aboriginal and Torres Strait Islander people and other Australians, Coalition of Peaks.

International agreements on the rights of Indigenous peoples

Australian Government (2020) Scope of the EPBC Act - International obligations implemented by the Act, accessed 29 October 2020.

Secretariat of the Convention on Biological Diversity, United Nations Environmental Programme (2011) The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (the Protocol) to the Convention on Biological Diversity (CBD). United Nations.

Secretariat of the Convention on Biological Diversity, United Nations Environmental Programme (2020) Aichi Biodiversity Targets, United Nations.

UN (The United Nations) (2007) United Nations Declaration on the Rights of Indigenous Peoples and the Convention on Biological Diversity, United Nations.

Intangible heritage

Commonwealth of Australia (1984) Section 3(c), Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cmwth).

Northern Territory Aboriginal Sacred Sites Act 1984

Aboriginal Land Rights (Northern Territory) Act 1976.

Victorian Government (2006) Section 79B, Victorian Aboriginal Heritage Act 2006.

Indigenous Heritage

Clanasdale Consulting (2020) ANON-QJCP-UG33-G Submission in response to the Discussion Paper.

Indigenous Advisory Committee (2020) BHLF-QJCP-UG3C-Z Submission in response to the Discussion Paper.

NSW Aboriginal Land Council (2020) ANON-K57V-XQ28-Z Submission in response to the Discussion Paper.

Tasmanian Aboriginal Centre (2020) ANON-K57V-XQKY-T Submission in response to the Discussion Paper.

Victorian Aboriginal Heritage Council (2020) ANON-K57V-XQ9N-W Submission in response to the Discussion Paper.

Wurundjeri Woi-wurrung Cultural (2020) ANON-K57V-XQ5S-X Submission in response to the Discussion Paper.

Guidelines for Indigenous engagement

Austin B J, Robinson C, Lincoln G, Mathews D, Oades D, Wiggins A, Bayley S, Edgar J, King T, George K, Mansfield J, Melbourne J, Vigilante T, with the Balanggarra, Bardi Jawi, Dambimangari, Karajarri, Nyul Nyul, Wunambal Gaambera, Yawuru Traditional Owners (2017) Guidelines for Collaborative Knowledge Work in Kimberley Saltwater Country Final Report of project 1.5.2 the Kimberley Indigenous Saltwater Science Project (KISSP), Western Australian Marine Science Institution.

HCOANZ (Heritage Chairs and Officials of Australia and New Zealand) (2020) Dhawura Ngilan: A vision for Aboriginal and Torres Strait Islander heritage in Australia, Heritage Chairs and Officials of Australia and New Zealand.

Kimberley Land Council (2011a) Kimberley Land Council - Intellectual Property and Traditional Knowledge Policy, accessed 16 October 2020.

--(2011b) Kimberley Land Council - Research Protocol, accessed 16 October 2020.

Woodward E, Hill R, Harkness P, Archer R (Eds) (2020) Our Knowledge Our Way in caring for Country: Indigenous-led approaches to strengthening and sharing our knowledge for land and sea management. Best Practice Guidelines from Australian experiences, NAILSMA and CSIRO.

Submissions relating to Indigenous engagement

Central Land Council (2020) ANON-K57V-XQQ4-U Submission in response to the Discussion Paper.

Indigenous Reference Group to the Ministerial Forum on Northern Australia (2020) ANON-K57V-XYV5-9 Submission in response to the Discussion Paper.

Kimberley Land Council (2020) ANON-K57V-XZTA-M Submission in response to the Discussion Paper.

Northern Land Council (2020) ANON-QJCP-UGJD-R Submission in response to the Discussion Paper.

Tasmanian Aboriginal Centre (2020) ANON-K57V-XQKY-T Submission in response to the Discussion Paper.

Indigenous connection to Country

Australian Institute of Aboriginal and Torres Strait Islander Studies (2020) ANON-K57V-XFT6-N Submission in response to the Discussion Paper.

Northern Land Council (2020) ANON-QJCP-UGJD-R Submission in response to the Discussion Paper.

Wurundjeri Woi-wurrung Cultural (2020) ANON-K57V-XQ5S-X Submission in response to the Discussion Paper.

Benefits on incorporating Indigenous knowledge

Federation of Victorian Traditional Owner Corporations (2020) ANON-K57V-XY7E-T Submission in response to the Discussion Paper.

Indigenous Advisory Committee (2020) BHLF-QJCP-UG3C-Z Submission in response to the Discussion Paper.

Indigenous Reference Group to the Ministerial Forum on Northern Australia (2020) ANON-K57V-XYV5-9 Submission in response to the Discussion Paper.

Indigenous Working Group - Threatened Species Recovery Hub (2020) ANON-QJCP-UGT1-F Submission in response to the Discussion Paper.

Kimberley Land Council (2020) ANON-K57V-XZTA-M Submission in response to the Discussion Paper.

North Australia Indigenous Land and Sea Management Alliance (2020) ANON-K57V-XQKU-P Submission in response to the Discussion Paper.

Northern Land Council (2020) ANON-QJCP-UGJD-R Submission in response to the Discussion Paper.

Submissions on Commonwealth National Parks

Central Land Council (2020) ANON-K57V-XQQ4-U Submission in response to the Discussion Paper.

Northern Land Council (2020) ANON-QJCP-UGJD-R Submission in response to the Discussion Paper.

Wreck Bay Aboriginal Community Council (2020) ANON-K57V-XFD7-6 Submission in response to the Discussion Paper.

Trust in the EPBC Act

Greenlaw (GreenLaw, Law Reform and Social Justice) (2020) ANON-K57V-XQXR-Z Submission in response to the Discussion Paper.

Macintosh A, Gibbons P, Jones J, Constable A and Wilkinson D (2018) ‘Delays, stoppages and appeals: An empirical evaluation of the adverse impacts of environmental citizen suits in the New South Wales land and environment court’, Environmental Impact Assessment Review, Vol.69:94-103.

Complex law

APEEL (Australian Panel of Experts on Environmental Law) (2017) The Future of Australian Environmental Laws, Australian Panel of Experts on Environmental Law.

ARC (Administrative Review Council) (1999) What decisions should be subject to merits review?, Australian Government, Attorney-General's Department.

ARC (Administrative Review Council) (2007) Decision-making: Accountability, Best-Practice Guide 5, Australian Government, Attorney-General's Department.

Australian Conservation Foundation Inc v Commonwealth (1980) 146 CLR 493, 530 (Gibbs J); 45 LGRA 245.

Macintosh A, Roberts H and Constable A (2017) ‘An Empirical Evaluation of Environmental Citizen Suits under the Environment Protection and Biodiversity Conservation Act 1999’, Sydney Law Review, 39(1):87-124.

NT Government (The Government of the Northern Territory of Australia) (2018) Final Report of the Scientific Inquiry into Hydraulic Fracturing in the Northern Territory, Northern Territory Government.

Wallace K (2020) Section 487: How activists use Red Tape to stop development and jobs (2020 update), accessed 16 October 2020.

Interactions with States and Territories

AEC (Australian Energy Council) (2020) ANON-K57V-XQUV-1 Submission in response to the Discussion Paper.

Anonymous (2020) ANON-K57V-XFY2-P Submission in response to the Discussion Paper.

Bartlett P (Individual) (2020) ANON-K57V-XYM9-4 Submission in response to the Discussion Paper.

Bell F (Individual) (2020) ANON-K57V-XFG9-B Submission in response to the Discussion Paper.

Council of Australian Governments (CoAG) (1997) Heads of Agreement on Commonwealth/State Roles and Responsibilities for the Environment, accessed 16 October 2020.

Harland L (Individual) (2020) ANON-K57V-XZS7-9 Submission in response to the Discussion Paper.

Ho J (Individual) (2020) ANON-K57V-XZR1-2 Submission in response to the Discussion Paper.

Mason B (Individual) (2020) ANON-K57V-XZUZ-E Submission in response to the Discussion Paper.

Northern Land Council (2020) ANON-QJCP-UGJD-R Submission in response to the Discussion Paper.

NSW MC (NSW Minerals Council) (2020) ANON-K57V-XQKA-2 Submission in response to the Discussion Paper.

Rio Tinto (2020) ANON-K57V-XG3K-A Submission in response to the Discussion Paper.

SA Government (The Government of South Australia) (2020) ANON-K57V-XQ2V-X Submission in response to the Discussion Paper.

UDIA (Urban Development Institute of Australia) (2020) ANON-K57V-XZ53-7 Submission in response to the Discussion Paper.

WA Government (The Government of Western Australia) (2020) ANON-QJCP-UGJU-9 Submission in response to the Discussion Paper.

Environmental data initiatives

ARDC (Australian Research Data Commons) (n.d.) EcoCommons Australia, accessed 16 October 2020.

Atlas of Living Australia (n.d.) Atlas of Living Australia, accessed 16 October 2020.

BoM (Bureau of Meteorology) (n.d.) National Plan for Environmental Information initiative, accessed 16 October 2020.

Box P, Lemon D (CSIRO) (2018) Essential Environmental Measures - Program Evaluation Report, CSIRO.

DESE (Department of Education, Skills and Employment) (n.d.) National Collaborative Research Infrastructure Strategy (NCRIS), accessed 16 October 2020.

Met Office (n.d.) Informatics lab, accessed 16 October 2020.

TERN (Terrestrial Ecosystem Research Network) (n.d.) Terrestrial Ecosystem Research Infrastructure, accessed 16 October 2020.

The Hon Sussan Ley MP Minister for the Environment (21 November 2019) Congestion busting for environmental assessments, Department of the Environment and Energy.

University of Queensland (n.d.) Research Infrastructure Investment Plan Scoping Study: National Environmental Prediction System (NEPS), accessed 16 October 2020.

WABSI (Western Australian Biodiversity Science Institute) (20 May 2020) Online access to biodiversity data to enable better decision making, Western Australian Government.

WABSI (Western Australian Biodiversity Science Institute) (2019) Digitally Transforming Environmental Assessment: Report of the Digital EIA Working Group, Western Australian Government.

IESC and the bioregional assessments

Department of Agriculture, Water and the Environment (n.d.) Bioregional assessments, accessed 6 October 2020.

Department of Agriculture, Water and the Environment (n.d.) Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development, accessed 6 October 2020.

Department of Prime Minister and Cabinet, (7 March 2012) NSW signs up to coal seam gas agreement, Transcript ID 18423, Australian Government.

Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development (2018) Information guidelines for proponents preparing coal seam gas and large coal mining development proposals, Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development.

Whole-of-government data

Department of the Prime Minister and Cabinet (7 December 2015) Public Data Policy Statement, accessed 16 October 2020.

Department of the Prime Minister and Cabinet (n.d.) Open Government Partnership Australia, accessed 16 October 2020.

Department of the Prime Minister and Cabinet (n.d.) Platforms for Open Data Initiative, accessed 16 October 2020.

National Data Commissioner (n.d.) Office of the National Data Commissioner, accessed 16 October 2020.

Australia’s biodiversity strategies

Convention on Biological Diversity Secretariat (n.d.) Convention on Biological Diversity, accessed 6 October 2020.

DAWE (Department of Agriculture, Water and the Environment) (2020) Australia's Sixth National Report to the Convention on Biological Diversity, Department of Agriculture, Water and the Environment.

DoEE (Department of the Environment and Energy) (2016) Report on the Review of the first five years of Australia’s Biodiversity Conservation Strategy, Department of the Environment and Energy

DoEE (Department of the Environment and Energy) (2019) Australia's Strategy for Nature 2019-2030, Australian Government, Department of the Environment and Energy

National Biodiversity Strategy Review Task Group (2010) Australia's Biodiversity Conservation Strategy 2010-2030, Prepared by the National Biodiversity Strategy Review Task Group convened under the Natural Resource Management Ministerial Council, Australian Government.

Environmental-economic accounting

ABS (Australian Bureau of Statistics) (2019) Australian Environmental-Economic Accounts, catalogue number 4655.0, accessed 26 July 2020.

CoA (Commonwealth of Australia) (2018) ‘Environmental Economic Accounting: A common national approach – Strategy and Action Plan’, Prepared by the Interjurisdictional Environmental-Economic Accounting Steering Committee for the Meeting of Environment Ministers, Commonwealth of Australia.

Department of Agriculture, Water and the Environment (n.d.) Ecosystem Accounts, accessed 6 October 2020.

Office for National Statistics (UK) (n.d.) Environmental accounts, accessed 6 October 2020.

UK Government (n.d.) Natural Capital Committee (NCC), accessed 6 October 2020.

United Nations (n.d.) SEEA Experimental Ecosystem Accounting, accessed 6 October 2020.

United Nations (n.d.) System of Environmental Economic Accounting, accessed 6 October 2020.

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