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The ''Environment Protection and Biodiversity Conservation Act 1999'' (Cth) is an Act of the
Parliament of Australia The Parliament of Australia (officially the Parliament of the Commonwealth and also known as the Federal Parliament) is the federal legislature of Australia. It consists of three elements: the Monarchy of Australia, monarch of Australia (repr ...
that provides a framework for protection of the Australian environment, including its
biodiversity Biodiversity is the variability of life, life on Earth. It can be measured on various levels. There is for example genetic variability, species diversity, ecosystem diversity and Phylogenetics, phylogenetic diversity. Diversity is not distribut ...
and its natural and culturally significant places. Enacted on 16 July 2000, it established a range of processes to help protect and promote the recovery of
threatened species A threatened species is any species (including animals, plants and fungi) which is vulnerable to extinction in the near future. Species that are threatened are sometimes characterised by the population dynamics measure of ''critical depensatio ...
and
ecological communities In ecology, a community is a group or association of populations of two or more different species occupying the same geographical area at the same time, also known as a biocoenosis, biotic community, biological community, ecological community ...
, and preserve significant places from decline. The Act is administered by the
Department of Climate Change, Energy, the Environment and Water The Department of Climate Change, Energy, the Environment and Water (DCCEEW) is a department of the Australian Government. The department was established on 1 July 2022, superseding the water and environment functions from the Department of A ...
. Lists of threatened species are drawn up under the Act, and these lists, the primary reference to threatened species in Australia, are available online through the Species Profile and Threats Database (SPRAT). As an Act of the Australian Parliament, it relies for its constitutional validity upon the
legislative A legislature (, ) is a deliberative assembly with the legal authority to make laws for a political entity such as a country, nation or city on behalf of the people therein. They are often contrasted with the executive and judicial powers ...
powers of the Parliament granted by the
Australian Constitution The Constitution of Australia (also known as the Commonwealth Constitution) is the fundamental law that governs the political structure of Australia. It is a written constitution, which establishes the country as a Federation of Australia, ...
, and key provisions of the Act are largely based on a number of international, multilateral or bilateral
treaties A treaty is a formal, legally binding written agreement between sovereign states and/or international organizations that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, convention ...
. A number of reviews, audits and assessments of the Act have found the Act deeply flawed and thus not providing adequate environmental protection.


History

The ''Environment Protection and Biodiversity Conservation Act 1999'' replaced the ''National Parks and Wildlife Conservation Act 1975'', after this legislation was repealed by the ''Environmental Reform (Consequential Provisions) Act 1999''. The ''Environmental Reform Act'' also repealed four other acts: ''Environment Protection (Impact of Proposals) Act 1974''; ''Endangered Species Protection Act 1992''; ''World Heritage Properties Conservation Act 1983''; and the ''Whale Protection Act 1980''. This Act also made consequential changes to other legislation, and various administrative arrangements, required by the new scheme introduced by the Act. Text was copied from this source, which is available under an Attribution 3.0 Australia (CC BY 3.0 AU) licence. The Act received Royal Assent on 16 July 1999 and commenced on 16 July 2000. The ''Environment Protection and Biodiversity Conservation Regulations 2000'' also commenced on 16 July 2000, (with 21 amendments up to the latest on 17 December 2018). The purpose of the regulations is to give effect to the provisions of the Act. The ''Act'' has had many amendments through its lifetime. Significant amendments include the following: *The
National Heritage List The Australian National Heritage List or National Heritage List (NHL) is a heritage register, a list of National heritage site, national heritage places deemed to be of outstanding heritage significance to Australia, established in 2003. The li ...
was established by an amendment in September 2003. *Amendments passed in February 2007 aimed to make the Act "more efficient and effective through the use of, in part, strategic approaches to environmental issues, reducing the time and cost of processing, and stronger enforcement provisions". *Significant amendments to the ''Act'' became law on 22 June 2013, known as the "Water trigger", making
water resources Water resources are natural resources of water that are potentially useful for humans, for example as a source of drinking water supply or irrigation water. These resources can be either Fresh water, freshwater from natural sources, or water produ ...
a matter of national environmental significance, in relation to
coal seam gas ''Coalbed methane'' (CBM or coal-bed methane), coalbed gas, or coal seam gas (CSG) is a form of natural gas extracted from coal beds. In recent decades it has become an important source of energy in United States, Canada, Australia, and other co ...
and large
coal mining Coal mining is the process of resource extraction, extracting coal from the ground or from a mine. Coal is valued for its Energy value of coal, energy content and since the 1880s has been widely used to Electricity generation, generate electr ...
development. Text was copied from this source, which is available under a
Attribution 3.0 Australia (CC BY 3.0 AU)
licence.
On 16 October 2013 the Environment Minister announced that the Government had approved a framework for a "one-stop shop" environmental approval process to accredit state planning systems under national environmental law, "to create a single environmental assessment and approval process for nationally protected matters". On 16 June 2014 the proposed amendments passed the
House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entities. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often ...
, despite opposition from environmental campaigners and significant legal commentators who criticised the Bill and expressed concerns about the delegation of Commonwealth environmental approval powers. Two different types of bilateral agreements ("assessment" and "approval") with each state and territory provided for the approvals process, depending on differing requirements, to result in either two approval decisions and two sets of conditions, or only one decision, which includes conditions (if appropriate), being made.


The Act

The 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 A commonwealth is a traditional English term for a political community founded for the common good. The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the 15th century. Originally a phrase (the common-wealth ...
land and land affecting the Commonwealth. For example, commercial picking of
wildflower A wildflower (or wild flower) is a flower that grows in the wild, rather than being intentionally seeded or planted. The term implies that the plant is neither a hybrid nor a selected cultivar that is any different from the native plant, eve ...
s is regulated under the 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 is administered by the
Department of Climate Change, Energy, the Environment and Water The Department of Climate Change, Energy, the Environment and Water (DCCEEW) is a department of the Australian Government. The department was established on 1 July 2022, superseding the water and environment functions from the Department of A ...
. Text was copied from this source, which is available under a
Attribution 3.0 Australia (CC BY 3.0 AU)
licence.


Matters of National Environmental Significance

, the Act identifies nine Matters of National Environmental Significance (MNES): * World Heritage properties * National heritage places including overseas places of historic significance *
Wetlands A wetland is a distinct semi-aquatic ecosystem whose groundcovers are flooded or saturated in water, either permanently, for years or decades, or only seasonally. Flooding results in oxygen-poor ( anoxic) processes taking place, especially ...
of international importance ( Ramsar wetlands) * Nationally
threatened species A threatened species is any species (including animals, plants and fungi) which is vulnerable to extinction in the near future. Species that are threatened are sometimes characterised by the population dynamics measure of ''critical depensatio ...
and
ecological communities In ecology, a community is a group or association of populations of two or more different species occupying the same geographical area at the same time, also known as a biocoenosis, biotic community, biological community, ecological community ...
* Migratory species * Commonwealth marine areas * The Great Barrier Reef Marine Park * Nuclear actions (including
uranium mining Uranium mining is the process of extraction of uranium ore from the earth. Over 50,000 tons of uranium were produced in 2019. Kazakhstan, Canada, and Australia were the top three uranium producers, respectively, and together account for 68% of w ...
and building of
nuclear waste Radioactive waste is a type of hazardous waste that contains radioactive material. It is a result of many activities, including nuclear medicine, nuclear research, nuclear power generation, nuclear decommissioning, rare-earth mining, and nuclear ...
repositories) * A
water resource Water resources are natural resources of water that are potentially useful for humans, for example as a source of drinking water supply or irrigation water. These resources can be either freshwater from natural sources, or water produced artificia ...
, in relation to
coal seam gas ''Coalbed methane'' (CBM or coal-bed methane), coalbed gas, or coal seam gas (CSG) is a form of natural gas extracted from coal beds. In recent decades it has become an important source of energy in United States, Canada, Australia, and other co ...
development and large
coal mining Coal mining is the process of resource extraction, extracting coal from the ground or from a mine. Coal is valued for its Energy value of coal, energy content and since the 1880s has been widely used to Electricity generation, generate electr ...
development. The list must be reviewed every five years, and the government can add new matters to this list by regulation. "If a proposed action is likely to have a significant impact on any of the areas, it may require Commonwealth approval before it can begin. It is illegal to undertake such an action without that Commonwealth approval." The ''Matters of National Environmental Significance: Significant impact guidelines 1.1'' "provide overarching guidance on determining whether an action is likely to have a significant impact on a matter protected under national environment law".


Threatened species

Lists of threatened species, such as threatened fauna, are drawn up under the Act and these lists are the primary reference to threatened species in Australia and are available online through the ''Species Profile and Threats Database'' (SPRAT).


Treaties

As an Act of the Australian Parliament, it relies for its Constitutional validity upon the legislative powers of the Parliament granted by the
Australian Constitution The Constitution of Australia (also known as the Commonwealth Constitution) is the fundamental law that governs the political structure of Australia. It is a written constitution, which establishes the country as a Federation of Australia, ...
, which does not expressly refer to the environment. As such, key provisions of the Act are largely based on a number of treaties including: *
Ramsar Convention The Ramsar Convention on Wetlands of International Importance Especially as Waterfowl Habitat is an international treaty for the conservation and sustainable use of Ramsar site, Ramsar sites (wetlands). It is also known as the Convention on We ...
– The Convention on Wetlands of International Importance especially as Waterfowl Habitat, 2 February 1971 *
World Heritage Convention The World Heritage Convention, formally the Convention Concerning the Protection of the World Cultural and Natural Heritage, is an international treaty signed on 23 November 1972, which created the World Heritage Sites, with the primary goals o ...
– The Convention for the Protection of the World Cultural and Natural Heritage, 23 November 1972 * Convention on International Trade in Endangered Species of Wild Fauna and Flora (
CITES CITES (shorter acronym for the Convention on International Trade in Endangered Species of Wild Fauna and Flora, also known as the Washington Convention) is a multilateral treaty to protect endangered plants and animals from the threats of inte ...
) –
Washington, DC Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and Federal district of the United States, federal district of the United States. The city is on the Potomac River, across from ...
, 3 March 1973 (enforced 1 July 1975) *
Convention on the Conservation of Migratory Species of Wild Animals The Convention on the Conservation of Migratory Species of Wild Animals, also known as the Convention on Migratory Species (CMS) or the Bonn Convention, is an international agreement that aims to conserve migratory species throughout their r ...
(Bonn Convention), 23 June 1979 *
Convention on Biological Diversity The Convention on Biological Diversity (CBD), known informally as the Biodiversity Convention, is a multilateral treaty. The Convention has three main goals: the conservation of biological diversity (or biodiversity); the sustainable use of its ...
Rio de Janeiro Rio de Janeiro, or simply Rio, is the capital of the Rio de Janeiro (state), state of Rio de Janeiro. It is the List of cities in Brazil by population, second-most-populous city in Brazil (after São Paulo) and the Largest cities in the America ...
, 5 June 1992 Bilateral agreements concerning migratory bird conservation include: *Agreement between the
Government of Japan The Government of Japan is the central government of Japan. It consists of legislative, executive (government), executive and judiciary branches and functions under the framework established by the Constitution of Japan. Japan is a unitary st ...
and the Government of Australia for the Protection of Migratory Birds and Birds in Danger of Extinction and their Environment ( JAMBA), 1974 *Agreement between the Government of Australia and the
Government of the People's Republic of China The government of the People's Republic of China is based on a system of people's congress within the parameters of a Unitary state, unitary communist state, in which the ruling Chinese Communist Party (CCP) enacts its policies through people's ...
for the protection of Migratory Birds and their Environment (
CAMBA Camba is a word historically used in Bolivia to refer to the indigenous population in the eastern tropical region of the country, or to those born in the area of Santa Cruz, Beni, and Pando. Nowadays, the term "Camba" is used predominantly t ...
), 1986 *Agreement between the Government of Australia and the Government of the Republic of Korea on the Protection of Migratory Birds ( ROKAMBA), 2006.


Amendments

The ''Environment Protection and Biodiversity Conservation Amendment (Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development) Act 2012'', assented to in October 2012, amended the Act to require that the "Minister must obtain advice from Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development".


2013 Amendment Act

Significant impacts on MNES trigger assessment under the Act. A new assessment trigger was added to the Act in mid-2013, via the ''Environment Protection and Biodiversity Conservation Amendment Act 2013''. The amendment relates to significant impacts on
water resources Water resources are natural resources of water that are potentially useful for humans, for example as a source of drinking water supply or irrigation water. These resources can be either Fresh water, freshwater from natural sources, or water produ ...
, for example where actions by a large coal mining development, in particular
coal seam gas ''Coalbed methane'' (CBM or coal-bed methane), coalbed gas, or coal seam gas (CSG) is a form of natural gas extracted from coal beds. In recent decades it has become an important source of energy in United States, Canada, Australia, and other co ...
may adversely affect
groundwater Groundwater is the water present beneath Earth's surface in rock and Pore space in soil, soil pore spaces and in the fractures of stratum, rock formations. About 30 percent of all readily available fresh water in the world is groundwater. A unit ...
in the area. The amendment was introduced by
Tony Windsor Antony Harold Curties Windsor, (born 2 September 1950) is a former Australian politician. Windsor was an Independent (politician), independent member for the New South Wales Legislative Assembly seat of electoral district of Tamworth, Tamworth ...
, an independent Member of Parliament (MP). This became known as "water trigger". , the
Australian Conservation Foundation The Australian Conservation Foundation (ACF) is Australia's national environmental organisation, launched in 1965 in response to a proposal by the World Wide Fund for Nature for a more co-ordinated approach to sustainability. One high-profi ...
is taking the
Morrison government The Morrison government was the Australian Government, federal executive government of Australia, led by Prime Minister of Australia, Prime Minister Scott Morrison of the Liberal Party of Australia, between 2018 and 2022. The Morrison governmen ...
to court for failing to apply the water trigger when it assessed Adani's North Galilee Water Scheme, part of its essential infrastructure for the proposed
Carmichael coal mine The Carmichael coal mine is a coal mine in Queensland, Australia, owned by the Adani Group's Australian subsidiary Bravus Mining & Resources. It was approved by the government in 2014 and has been operational since December 2021. The mine was i ...
.


2020 Amendment Act

On 27 August 2020, the Minister for the Environment,
Sussan Ley Sussan Penelope Ley (pron. , "Susan Lee"; ; born 14 December 1961) is an Australian politician who is the current Leader of the Opposition (Australia), Leader of the Opposition and Leader of the Liberal Party of Australia, leader of the Liberal ...
, introduced the ''Environment Protection and Biodiversity Conservation Amendment (Streamlining Environmental Approvals) Bill 2020 (Cth)'' (EPBC Amendment Bill), which for the most part reflects reforms to the bilateral approval agreement provisions first proposed in 2014. The proposed changes would make it easier to establish bilateral approval agreements between federal and state governments, and also to make it harder to challenge the devolution process under the law (by clarifying that an action cannot be referred under Part 7 of the Act if it is covered by a bilateral approval agreement. Other changes include allowing minor changes to state and territory assessment processes without impacting the bilateral agreement, and the prohibition on matters involving the "water trigger" will be removed, so that states can make their own decisions when assessing applications by large coal mines and
coal seam gas ''Coalbed methane'' (CBM or coal-bed methane), coalbed gas, or coal seam gas (CSG) is a form of natural gas extracted from coal beds. In recent decades it has become an important source of energy in United States, Canada, Australia, and other co ...
projects that can impact water resources. The proposed changes do not include the promised prototype national standards.


Assessments

A large number of studies, audits, reviews and parliamentary inquiries have examined various aspects of the legislation over the years. Section 522A of the Act requires that an independent review is conducted every 10 years, to examine its operation and the extent to which its objects have been met. A 2005 study looked specifically at threatened species recovery. In 2006 Chris McGrath examined the constitutional validity of the Act and its effectiveness at regulating non-compliance after two recent publications had called for major changes, concluding that it is indeed constitutionally valid and that it is making an important contribution to Australian environmental law, and its gains should be retained if and when any reforms are made.


2007 audit

A review of the Act and actions taken under the Act was published by the
Australian National Audit Office The Australian National Audit Office (ANAO) is the supreme audit institution of Australia, functioning as the national auditor for the Parliament of Australia and Government of Australia. It reports directly to the Australian Parliament via the ...
(ANAO) in March 2007, entitled "The Conservation and Protection of National Threatened Species and Ecological Communities". The audit widely criticised the
Department of the Environment and Water Resources The Minister for Resources is an Australian Government cabinet position which is currently held by Madeleine King following the swearing in of the full First Albanese ministry, Albanese ministry on 1 June 2022. In the Australian Government, Gov ...
for inaction with respect to the EPBC; key findings of the audit include:pdf
/ref> *that the Department had failed to keep the list of threatened species sufficiently up to date and has failed to prepare recovery plans; *that there were still inconsistencies between the federal and state and territory lists of threatened species; *that due to partial or incorrect information there was a risk that incorrect decisions regarding conservation might be made; and *that the department has been denied funds necessary to meet their obligations under the Act by the Government on four occasions.
Australian Greens The Australian Greens, commonly referred to simply as the Greens, are a Left-wing politics, left-wing green party, green Australian List of political parties in Australia, political party. As of 2025, the Greens are the third largest politica ...
leader
Bob Brown Robert James Brown (born 27 December 1944) is an Australian former politician, medical doctor and environmentalist. He was a Australian Senate, senator and the parliamentary leader of the Australian Greens. Brown was elected to the Australian ...
said the audit showed that the government had not provided enough funding to properly protect Australia's
endangered species An endangered species is a species that is very likely to become extinct in the near future, either worldwide or in a particular political jurisdiction. Endangered species may be at risk due to factors such as habitat loss, poaching, inv ...
of flora, fauna and ecological communities. He said that there were no plans to save three out of four threatened species.


2008–2009 independent review

On 31 October 2008 the Minister for the Environment, Heritage and the Arts commissioned the first 10-year statutory independent review of the ''Act''.Independent review of the Environment Protection and Biodiversity Conservation Act 1999
. Environment.gov.au. Retrieved on 2012-05-03.
Text was copied from this source, which is available under
Attribution 3.0 Australia (CC BY 3.0 AU)
licence.
The review was led by Dr Allan Hawke, supported by an expert panel. The aim of the report was to review the performance of the Act and, consistent with the objective of protecting the environment and biological diversity and maintain ecological processes, to recommend reforms that: *promote the sustainability of Australia's economic development *reduce and simplify the regulatory burden *ensure activities under the Act represent the most efficient and effective ways of achieving desired environmental outcomes *are based on an effective federal arrangement. The "Final Report" was delivered to the Minister on 30 October 2009 and publicly released on 21 December 2009. In its summary, it said that public comments had been "broadly supportive" of the Act, and that the Act had brought about many important reforms, and in many respects was still regarded as world leading. However it included 71 recommendations, "summarised into a reform package revolving around a nine-point plan": # redraft the Act to reflect better the Australian Government's role, streamline its arrangements and rename it the ''Australian Environment Act''; # establish an independent Environment Commission to advise the government on project approvals, strategic assessments, bioregional plans and other statutory decisions; # invest in the building blocks of a better regulatory system such as national environmental accounts, skills development, policy guidance, and acquisition of critical spatial information; # streamline approvals through earlier engagement in planning processes and provide for more effective use and greater reliance on strategic assessments, bioregional planning and approvals bilateral agreements; # set up an Environment Reparation Fund and national 'biobanking' scheme; # provide for environmental performance audits and inquiries; # create a new matter of national environmental significance for 'ecosystems of national significance' and introduce an interim greenhouse trigger; # improve transparency in decision-making and provide greater access to the courts for public interest litigation; and # mandate the development of foresight reports to help government manage emerging environmental threats. Text was copied from this source, which is available under
Attribution 3.0 Australia (CC BY 3.0 AU)
licence.


2018 invertebrate studies

In 2018, two studies looked at the representativeness of listed species, and the other insects and allied invertebrates, proposing a new, strategic national approach for the conservation of these animals.


2018 ''Guardian'' report

A ''
The Guardian ''The Guardian'' is a British daily newspaper. It was founded in Manchester in 1821 as ''The Manchester Guardian'' and changed its name in 1959, followed by a move to London. Along with its sister paper, ''The Guardian Weekly'', ''The Guardi ...
'' reported in March 2018 that Australia had not listed any
critical habitat Critical habitat refers to specific geographic areas essential to the conservation of a listed endangered species, though the area need not actually be occupied by the species at the time it is designated. Critical habitat is a legal designation of ...
in the preceding 10 years, and only five areas had been registered since the introduction of the ''Act'', although more than 1,800 species and ecological communities had been classed as threatened. A recent investigation had shown that Australia was planning to clear of native forest by 2030, much of it in
Queensland Queensland ( , commonly abbreviated as Qld) is a States and territories of Australia, state in northeastern Australia, and is the second-largest and third-most populous state in Australia. It is bordered by the Northern Territory, South Austr ...
. One weakness of the critical habitat register is that its offence provisions do not apply to state or private land, only to
Commonwealth A commonwealth is a traditional English term for a political community founded for the common good. The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the 15th century. Originally a phrase (the common-wealth ...
land. This had a big impact on the ability to name a critical habitat for the endangered
Leadbeater's possum Leadbeater's possum (''Gymnobelideus leadbeateri'') is a critically endangered Phalangeriformes, possum largely restricted to small pockets of Eucalyptus delegatensis, alpine ash, Eucalyptus regnans, mountain ash, and Eucalyptus pauciflora, sno ...
, whose habitat was mainly on state- and privately-owned land.


2019 assessment

A study by the Centre for Biodiversity and Conservation Science at the School at the
University of Queensland The University of Queensland is a Public university, public research university located primarily in Brisbane, the capital city of the Australian state of Queensland. Founded in 1909 by the Queensland parliament, UQ is one of the six sandstone ...
was published in September 2019 as a "quantitative assessment on the effectiveness of the Act in regulating the loss of habitat for terrestrial threatened species, threatened ecological communities, or terrestrial migratory species", as there had been little quantitative study in this area. It looked at whether the Act as implemented was achieving its objective of safeguarding Australia's biodiversity with regard to regulating loss of habitat for threatened species and ecological communities between 2000 and 2017. It showed that since the Act came into force in 2000, over of potential habitat and communities had been cleared. Of this clearing, over 93% was not referred to the Federal Government for assessment, meaning the loss was not scrutinised under the Act. While 1,390 (84%) species suffered loss, Mount Cooper striped skink, Keighery's
macarthuria ''Macarthuria'' is a genus of dicotyledonous plants belonging to the family Macarthuriaceae, and consists of about 9 species which are endemic to Australia. Description Plants in the genus, ''Macarthuria'', are rigid or wiry herbs or subshrubs. ...
, and Southern black-throated finch lost 25, 23, and 10% of potential habitat, respectively. Iconic Australian species such as the
koala The koala (''Phascolarctos cinereus''), sometimes inaccurately called the koala bear, is an arboreal herbivorous marsupial native to Australia. It is the only Extant taxon, extant representative of the Family (biology), family ''Phascolar ...
, also lost about (2.3%) of potential habitat. This analysis showed that the Act is ineffective at protecting potential habitat for terrestrial threatened species, terrestrial migratory species, or threatened ecological communities. Text was copied from this source, which is available under
Attribution 4.0 International (CC BY 4.0)
licence.


June 2020 audit

The 2020 audit was the sixth audit of referrals, assessments and approvals under the Act. Published and tabled in Parliament on 25 June 2020, the report found that the administration of referrals, assessments and approvals of controlled actions under the Act by the
Department of Agriculture, Water and the Environment The Australian Department of Agriculture, Water and the Environment (DAWE) was an Australian Government department which operated from 1 February 2020 until 30 June 2022. It represented Australia's national interests in agriculture, water and th ...
(DAWE) was ineffective, disproportionate to environmental risk, errors have occurred, procedural protocols have not been followed, and the Department is "not well positioned to measure its contribution to the objectives of the Act". The
Auditor-General An auditor general, also known in some countries as a comptroller general or comptroller and auditor general, is a senior civil servant charged with improving government accountability by auditing and reporting on the government's operations. Fre ...
made eight recommendations to the Department.PDF
/ref> ANAO found that the Department did not have adequate performance measures in place; that administration had been poorly handled and that conflicts of interests were not well-managed. DAWE responded to the audit, agreeing to all eight recommendations. The Secretary of DAWE,
Andrew Metcalfe Andrew Edgar Francis Metcalfe, (born 1959) is a former senior Australian public servant and policymaker who was Secretary of the Department of Agriculture, Fisheries and Forestry (Australia), Department of Agriculture, Fisheries and Forestry ...
, also reported that the Act was at the time undergoing an independent statutory review led by Professor Graeme Samuel , which was likely to result in legislative changes to the Act.Letter from Secretary of DAWE Andrew Metcalfe to ANAODAWE response to Proposed Report under s.19 of the Auditor-General Act 1997
/ref> James Tresize of the
Australian Conservation Foundation The Australian Conservation Foundation (ACF) is Australia's national environmental organisation, launched in 1965 in response to a proposal by the World Wide Fund for Nature for a more co-ordinated approach to sustainability. One high-profi ...
commented that law was "fundamentally broken" and not equipped to deal with dual "extinction and climate crises", saying that Australia needs a stronger law and an independent regulator. He also pointed out that "in the 20 years the laws have been in operation,
threatened species A threatened species is any species (including animals, plants and fungi) which is vulnerable to extinction in the near future. Species that are threatened are sometimes characterised by the population dynamics measure of ''critical depensatio ...
habitat greater in size than Tasmania has been logged and cleared".


2019–2020 independent review

A statutory independent review led by Professor Graeme Samuel and supported by an expert panel commenced on 29 October 2019 and is due to run for a year. Submissions from the public closed in April 2020. The expert panel consists of Bruce Martin, Erika Smyth and Wendy Craik. The interim report, released in July 2020, concluded that the laws created to protect unique species and habitats are ineffective, and the "current environmental trajectory is unsustainable". Criticism of the Act included that it is too focused on process rather than on clear outcomes, and that its current
ad hoc ''Ad hoc'' is a List of Latin phrases, Latin phrase meaning literally for this. In English language, English, it typically signifies a solution designed for a specific purpose, problem, or task rather than a Generalization, generalized solution ...
, "project-by-project" approach does not address cumulative harm. During its time in operation, "the list of threatened species and communities has increased over time and there have been very few species that have recovered to the point that they can be removed from the list". Among the changes the report proposes is a framework of legislated national environmental standards with legally enforceable rules, which would underpin all powers allocated to the states and territories. It recommends the establishment of an independent body "to monitor and enforce compliance with environmental laws". The report recommends that the federal government should start creating a set of interim standards initially, in consultation with state governments and all other stakeholders, and also a process whereby traditional knowledge of country by
Indigenous Australians Indigenous Australians are people with familial heritage from, or recognised membership of, the various ethnic groups living within the territory of contemporary Australia prior to History of Australia (1788–1850), British colonisation. The ...
can be better integrated into decision-making. The Minister for the Environment,
Sussan Ley Sussan Penelope Ley (pron. , "Susan Lee"; ; born 14 December 1961) is an Australian politician who is the current Leader of the Opposition (Australia), Leader of the Opposition and Leader of the Liberal Party of Australia, leader of the Liberal ...
, said the government would immediately commit to developing national standards. She also indicated that it would start a process whereby responsibility for environmental approvals could be devolved to state governments, intending to put agreements before parliament in late August 2020, before the release of the final report, due in October. Environmental groups said it would be better to await the final report before cementing the approvals processes. Ley said the government would improve protection of Indigenous heritage, starting with a consultative process which would include state Indigenous and environment ministers. On 14 August 2020,
Andrew Barr Andrew James Barr (born 29 April 1973) is an Australian politician who has been serving as the 7th and current chief minister of the Australian Capital Territory since 2014 and the treasurer of the Australian Capital Territory since 2011. He ...
, Chief Minister of the ACT, said that the legislation needed to be modernised to address
climate change Present-day climate change includes both global warming—the ongoing increase in Global surface temperature, global average temperature—and its wider effects on Earth's climate system. Climate variability and change, Climate change in ...
, which is not even mentioned in the current Act.


2025: North West Shelf expansion

The May 2025 approval to extend the life of the Karratha Gas Plant, part of the North West Shelf Project, beyond its 2030 termination date until 2070, brought more criticism of the EPBC Act. There had been calls to change the EPBC Act to include a climate trigger since at least 2005, when Prime Minister
Anthony Albanese Anthony Norman Albanese ( or ; born 2 March 1963) is an Australian politician serving as the 31st and current prime minister of Australia since 2022. He has been the Leaders of the Australian Labor Party#Leader, leader of the Labor Party si ...
himself (then Shadow Environment Minister) proposed such a measure. The project has been one of Australia's biggest single emitters of
greenhouse gases Greenhouse gases (GHGs) are the gases in the atmosphere that raise the surface temperature of planets such as the Earth. Unlike other gases, greenhouse gases absorb the radiations that a planet emits, resulting in the greenhouse effect. T ...
, and scientists and environmentalists said that the extra 45 years could add to up to six billion tonnes of greenhouse gases, the majority of which would be emitted after the gas was burned in countries to which it was exported. In addition, the plant is situated near to a natural gallery of over a million 50,000-year-old
petroglyph A petroglyph is an image created by removing part of a rock surface by incising, picking, carving, or abrading, as a form of rock art. Outside North America, scholars often use terms such as "carving", "engraving", or other descriptions ...
s at
Murujuga The Burrup Peninsula, previously known as Dampier Island, is a former island of the Dampier Archipelago that is now connected to the mainland via a causeway. The peninsula and islands together are also known as Murujuga. The peninsula is locat ...
, a site of great cultural significance to local Aboriginal people.


See also

*
Director of National Parks Director of National Parks is a Commonwealth corporate entity responsible for the management of a portfolio of terrestrial and marine protected areas proclaimed under the ''Environment Protection and Biodiversity Conservation Act 1999'' (''EPB ...
*
List of Ramsar sites in Australia This is a list of wetlands in Australia that are designated by the Ramsar Convention as sites of international importance. Under the convention, the wetlands are considered as being of significant value not only for the Australian community, b ...
(wetlands) * Natural Heritage Trust *
Regional Forest Agreement The Regional Forest Agreements (RFA) are 20 year plans for the conservation and sustainable management of Australia's native forests, and are intended to provide certainty to commercial forestry operations while protecting environmental values. Th ...
* Threatened fauna of Australia * List of threatened ecological communities declared by the Commonwealth of Australia


Related acts

*'' Natural Heritage Trust of Australia Act 1997'', which established the Natural Heritage Trust and continues to provide funding for environmental programs through the National Landcare Program * ''
Biodiversity Conservation Act 2016 (NSW) The ''Biodiversity Conservation Act 2016'' (''BC Act'') is a state-based act of parliament in New South Wales (NSW). Its long title is ''An Act relating to the conservation of biodiversity; and to repeal the Threatened Species Conservation Act ...
'',
New South Wales New South Wales (commonly abbreviated as NSW) is a States and territories of Australia, state on the Eastern states of Australia, east coast of :Australia. It borders Queensland to the north, Victoria (state), Victoria to the south, and South ...
* ''
Biodiversity Conservation Act 2016 (WA) The ''Biodiversity Conservation Act 2016'' is a state-based act of parliament in Western Australia (WA). It came into force on 1 January 2019. This Act 2016 and its Regulations replace the '' Sandalwood Act 1929'' and the ''Wildlife Conservati ...
'',
Western Australia Western Australia (WA) is the westernmost state of Australia. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to the south, the Northern Territory to the north-east, and South Australia to the south-east. Western Aust ...
* ''
Flora and Fauna Guarantee Act 1988 The ''Flora and Fauna Guarantee Act 1988'', also known as the ''FFG Act'', is an act of the Victorian Parliament designed to protect species, genetic material and habitats, to prevent extinction and allow maximum genetic diversity within the Au ...
'' (FFG Act),
Victoria Victoria most commonly refers to: * Queen Victoria (1819–1901), Queen of the United Kingdom and Empress of India * Victoria (state), a state of Australia * Victoria, British Columbia, Canada, a provincial capital * Victoria, Seychelles, the capi ...
* ''
National Parks and Wildlife Act 1972 Protected areas of South Australia, consisting of protected areas located within South Australia and its immediate onshore waters and which are managed by South Australian Government agencies. As of 2018, South Australia contained 359 separat ...
'',
South Australia South Australia (commonly abbreviated as SA) is a States and territories of Australia, state in the southern central part of Australia. With a total land area of , it is the fourth-largest of Australia's states and territories by area, which in ...
* '' Nature Conservation Act 2014'',
Australian Capital Territory The Australian Capital Territory (ACT), known as the Federal Capital Territory until 1938, is an internal States and territories of Australia, territory of Australia. Canberra, the capital city of Australia, is situated within the territory, an ...
* ''
Nature Conservation Act 1992 The ''Nature Conservation Act 1992'' is an act of the Parliament of Queensland, Australia, that, together with subordinate legislation, provides for the legislative protection of Queensland's threatened biota. As originally published, it prov ...
'',
Queensland Queensland ( , commonly abbreviated as Qld) is a States and territories of Australia, state in northeastern Australia, and is the second-largest and third-most populous state in Australia. It is bordered by the Northern Territory, South Austr ...
* ''
Territory Parks and Wildlife Conservation Act 1976 A territory is an area of land, sea, or space, belonging or connected to a particular country, person, or animal. In international politics, a territory is usually a geographic area which has not been granted the powers of self-government, ...
'' (TPWCA),
Northern Territory The Northern Territory (abbreviated as NT; known formally as the Northern Territory of Australia and informally as the Territory) is an states and territories of Australia, Australian internal territory in the central and central-northern regi ...
** '' Environment Assessment Act 1982'',
Northern Territory The Northern Territory (abbreviated as NT; known formally as the Northern Territory of Australia and informally as the Territory) is an states and territories of Australia, Australian internal territory in the central and central-northern regi ...
* ''
Threatened Species Protection Act 1995 The ''Threatened Species Protection Act 1995'' (TSP Act), is an act of the Parliament of Tasmania that provides the statute relating to conservation of flora and fauna. Its long title is An Act to provide for the protection and management of ...
'' (TSP Act),
Tasmania Tasmania (; palawa kani: ''Lutruwita'') is an island States and territories of Australia, state of Australia. It is located to the south of the Mainland Australia, Australian mainland, and is separated from it by the Bass Strait. The sta ...
* ''
National Parks and Wildlife Act 1972 Protected areas of South Australia, consisting of protected areas located within South Australia and its immediate onshore waters and which are managed by South Australian Government agencies. As of 2018, South Australia contained 359 separat ...
'',
South Australia South Australia (commonly abbreviated as SA) is a States and territories of Australia, state in the southern central part of Australia. With a total land area of , it is the fourth-largest of Australia's states and territories by area, which in ...


References


Further reading

* * * *


External links

*
CC BY 4.0
) * * — species and ecological communities listed under the ''Environment Protection and Biodiversity Conservation Act 1999''
EPBC Act lists
– Approved lists under the Act {{Threatened species Environmental law in Australia Acts of the Parliament of Australia Nature conservation in Australia 1999 in the environment 1999 in Australian law 1999 establishments in Australia Environmental legislation