An overview of the environment protection and biodiversity conservation act 1999 5 matters of national environmental significance the matters of national environmental signi. The purpose of the referral process is to determine whether or not a proposed action will need formal assessment and approval under the epbc act. Refer your proposed action if you are proposing to take action that could have a significant impact on our environment, you will need to refer your proposed action to the australian government minister. Pdf swirls in the stream of australian environmental law. There was the interim koala referral advice released in june 2012, the draft epbc act referral guidelines released in december 20 and now the epbc act referral guidelines for the vulnerable koala december 2014.
Why the environment protection and biodiversity conservation act s referral, assessment and approval process is failing to achieve its environmental objectives. It also undermines one of the key functions and benefits of the epbc act in practice to provide an appropriate level of oversight for state government decisions. An empirical evaluation of environmental citizen suits under the environment protection and biodiversity conservation act 1999 cth andrew macintosh, heather roberts and amy constable abstract. Following the receipt of a valid referral, the minister has 20 business days to decide if the proposed action triggers the matters protected by the epbc act and requires further assessment and approval. You must complete all mandatory fields of the epbc act referral to submit your application to the department for assessment. While sara has provided a much improved referral assessment process since its inception in 20, many referral triggers identified in schedule 10 exist outside the sara.
Act 1999 the epbc act is the australian governments central piece of environmental legislation. Environment protection and biodiversity conservation act. Referral of proposed action the purpose of a referral is to determine whether your proposed action will need formal assessment and approval under the environment protection and biodiversity conservation act 1999 epbc act. Since the early 1970s, many jurisdictions have broadened legal standing rules to encourage environmental citizen suits and improve compliance with public rights. This checklist is to assist community groups and citizens in making a submission or representation to the federal environment minister about. Epbc act offset assessment guide forest redtailed black cockatoo. Proposed action to upgrade, realign where necessary and seal existing roads at the eastern and western end. Under the bill, a person, a constitutional corporation or the commonwealth or agency commits an offence if they take an action involving. The department cannot give any assurance on a proposed action until it has been referred under the environment protection and biodiversity conservation act 1999 epbc act. Caval ridge coal mine project 1 summary of proposed action 1. No further clearing is required for access roads, storage areas, or.
Approval trigger for water impacts under the epbc bill. This could result in a deemed application for gbrmpa. Why the environment protection and biodiversity conservation acts. The commonwealth government recently released the final epbc act referral guidelines for the vulnerable koala to assist proponents such as property developers in determining whether their project will trigger a controlled action. Whether or not an action is likely to have a significant impact depends upon the sensitivity, value and. Referrals under the epbc act department of agriculture. Information on the coverage of this report and qualifications on data supporting this report are contained in the caveat at the end of the report. If a person believes that the environment protection and biodiversity conservation act 1999 cth epbc act has been or will be breached, it is possible for an individual or a conservation group to take legal action to prevent the breach or anticipated breach. Novel survey techniques may be developed following the. The narrabri gas project, nsw epbc 20147376 environmental assessment requirements under the epbc act page 2 of 20 seasons and methodology for studies and surveys used to provide information on the relevant listed speciescommunityhabitat as identified in appendix 1. Example public submission on a referral under the epbc act.
Description units information source attribute relevant to case. The last part for volume 19 of the local government law journal publishes an article by hanna jaireth and madeleine figg which sketches the context for the enactment of the epbc act and explains that intergovernmental arrangements have been contentious since its passage, outlining the nature and purpose of bilateral assessment and approval agreements, stakeholders responses to the. Under schedule 10, the following are the key referral triggers which do not have the chief executive as referral agency. In relation to the referral process, the techniques adopted in the epbc actprohibition backed mandatory referrals by proponents who think their proposals might trigger the assessment processare an effective approach to ensuring proponents undertake the selfassessment and referral process seriously. Act environment protection and biodiversity conservation act. It provides arrangements for environmental impact assessment and other mechanisms to conserve biodiversity and heritage. The commonwealth department of the environment and water resources is the agency in canberra responsible for administering the epbc act. Environment protection and biodiversity conservation. This starting point has important implications for the triggerreferral process. Epbc act referral guidelines for the vulnerable koala. As a consequence, these actions will require approval under the epbc act.
Summary of the epbc act referral guidelines for the koala. Epbc deemed applications information sheet final round 2 consultation. The epbc act is triggered when there is a controlled action meaning an. Usually this will only be necessary where the minister has not responded to calls to take enforcement action. You may need to obtain approval under the environment protection and biodiversity conservation act 1999 epbc act for certain actions or activities that affect our environment. The epbc act provides a legal framework to protect and manage nationally and internationally important flora, fauna, ecological communities and heritage places defined in the act as matters of national environmental significance. As part of the 20 business days, the epbc act provides a public comment period of 10 business days with no extensions. For information on how to make a public comment on a referral. The epbc act musical time for the next part or a sequel. However, the act contains a number of novel elements, the most. The environment protection and biodiversity conservation act 1999 epbc act is an act of the parliament of australia that provides a framework for protection of the australian environment, including its biodiversity and its natural and culturally significant places. Address the fax to the mailing address, and clearly mark it as a referral under the epbc act. For information on how to make a public comment on a referral, please see the epbc notices homepage.
The act establishes assessment and approval requirements that are to be considered in addition to existing approvals required under state law. An act relating to the protection of the environment and the. According to the environmental protection and biodiversity conservation act 1999 epbc act, a significant impact is an action that has an important, notable consequence. This provides an opportunity for relevant australian, state and territory government ministers and members of the public to comment on the proposed action. Commonwealthepbcact actenvlawhbk austlii communities. Referrals under the epbc act to conserve and protect the heritage values of a world or national heritage place, an action that has, will have or is likely to have a significant impact on those values may be referred to the australian government minister for the environment the minister for assessment. Find out about assessing if a proposed action is likely to have a significant impact on the national heritage values of the place. Submit an epbc act referral online services department.
Follow up with a mailed hardcopy including copies of any attachments or supporting reports. Penny will discuss the tasmanian experience with strategic assessments under the epbc act. Overview of the environment protection and biodiversity. Once the formal referral is received and the cost recovery fee is paid, the minister or delegate will consider whether the proposed action is a controlled action and thus requires assessment and approval under the epbc act. Synopsis of the queensland environmental legal system.
Before taking an action that could have a significant impact on a matter protected by the epbc act, you must refer your proposed action to the minister. Epbc act referral guidelines for the vulnerable koala released 09 march 2015 topics. The objects of the epbc act suggest the referral, assessment and approval process it is intended to provide a regulatory safety net for the protection of the matters of national environmental. One stop shop for environmental approvals a messy backward step. Environment protection and biodiversity conservation act 1999. Appendix c epbc act self assessment epbc act self assessment actions that are likely to have a significant impact on a matter of national environmental significance mnes are subject to a rigorous assessment and approval process under the environmental assessment provisions of the epbc act. Penny was responsible for the oversight and liaison of the states strategic assessment under the epbc act for the midlands water scheme. For actions that have been determined to be controlled actions by reference to the existing approval triggers in the epbc act but for which an approval has not yet been given, the minister must decide within 60 business days of the commencement of the amendments whether. The environment protection and biodiversity conservation act 1999 cth epbc act does not necessarily override state law. Submitting a referral under the epbc act department of. Information is available about environment assessments and the epbc act including significance guidelines, forms and application process details. Commonwealth environmental protection and biodiversity.
Offsets assessment guide matter of national environmental significance attribute relevant to case. Essential referrals for planners saunders havill group. In 20 the list of mnes was extended to include a water trigger for mining or. Epbc acts referral, assessment and approval process is failing to achieve its. Epbc act referral compliance document this document details how the fitzgerald r improvement project is complying with the epbc referral decision 20094958. If an action predates the introduction of the epbc act, referral under the epbc act may still be required if a significant change is proposed. Overview of epbc act referral decisions by industry group, 200018. Enacted on 17 july 2000, it established a range of processes to help protect and promote the recovery of threatened species and. Under the epbc act a controlled action will normally trigger a requirement for assessment and approval from the environment minister.
The epbc act is a commonwealth act and can equally be triggered in other states and. Proposed triggers for a credible federal impact assessment regime. Water trigger for epbc approval, but only for mining and. Pdf why the environment protection and biodiversity. Epbc deemed applications information sheet final round 2. Karoon gas browse basin pty ltdexploration mineral, oil and gas marineapprox.
The epbc act is the principal environmental legislation of the commonwealth government. Environment protection and biodiversity conservation act 1999 001 referral of proposed action vjul08 page 1 of 36 referral of proposed action project title. Comments are invited on whether or not a referral is a controlled action under the act. It is noted that the new guideline is not a statutory instrument, yet it is used by doe in referral assessment. Environment assessment and approval process under the epbc act.
The epbc act requires a decision on assessment to be made within 20 business days from the date the referral is received by the minister. Edo qld and edo nsw have useful information sheets 1 about the environment protection and biodiversity conservation act 1999 cth epbc act that describe the act and processes under that act. Dr carol booth submission regarding epbc 2002571 page 3 executive summary this is a public submission made under section 93 of the environment protection and biodiversity conservation act 1999 cth epbc act in relation to epbc referral no 2002571 lodged on 14 february 2002 to take or destroy approximately 5,500. Your referral will be the principal basis for the ministers decision as to whether approval is necessary and, if so, the type of assessment that will be taken. It provides a legal framework to protect and manage nationally and internationally important flora, fauna, ecological communities and heritage places defined in the epbc act as matters of national environmental significance. The environment protection and biodiversity conservation act 1999 the epbc act is the australian governments central piece of environmental legislation. Complete all mandatory fields in all sections of the epbc act referral form 2. We provide timely information about significant proposals under epbc. When a project is referred for assessment under the epbc act, the minister must open public consultation on whether the project is a controlled action and should therefore be assessed under the epbc act. Water trigger for epbc approval, but only for mining and csg projects.
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