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Environmental Protection and Biodiversity Conservation Act

The Environmental Protection and Biodiversity Conservation Act 1999 (the EPBC Act) is the Australian Government's central piece of environmental legislation. It 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.

The EPBC Act enables the Australian Government to join with the states and territories in providing a truly national scheme of environment and heritage protection and biodiversity conservation. The EPBC Act focuses Australian Government interests on the protection of matters of national environmental significance, with the states and territories having responsibility for matters of state and local significance.

For more information on the EPBC Act go to the website (opens in new window).

**What's New**

Independent Review

In late 2008 the Australian Government announced an independent review into the EPBC Act. On 31 October 2008, the Government called for public input into the review and encouraged all interested parties are to make a written submission to the review. This coincided with the release of a discussion paper (opens in new window) which identifies the main issues being considered under the review. Submissions were also requested in response to the terms of reference (opens in new window) for the review.

LGSA Submission

The LGSA made a submission on behalf of Local Government in NSW. A copy of the LGSA Submission (opens in new window) is available.

Final Report

The Final Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) - 'The Australian Environment Act: Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act1999' was released on 21 December 2009. The Report addresses a broad range of issues across the entirety of the EPBC Act's operation, and is available in PDF form on the Review website (opens in new window)

The Reports recommendations can be summarised into a reform package revolving around a nine point plan:

  1. redraft the Act to reflect better the Australian Government's role, streamline its arrangements and rename it the Australian Environment Act;
  2. establish an independent Environment Commission to advise the government on project approvals, strategic assessments, bioregional plans and other statutory decisions;
  3. 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;
  4. 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;
  5. set up an Environment Reparation Fund and national 'biobanking' scheme;
  6. provide for environmental performance audits and inquiries;
  7. create a new matter of national environmental significance for 'ecosystems of national significance' and introduce an interim greenhouse trigger; 
  8. improve transparency in decision-making and provide greater access to the courts for public interest litigation; and
  9. mandate the development of foresight reports to help government manage emerging environmental threats.
Policy & Research