Title: What you need to Know about the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)
1- What you need to Know about the Environment
Protection and Biodiversity Conservation Act 1999
(EPBC Act) - Complying with national environmental law
2- Environment Protection and Biodiversity
Conservation Act 1999 - Part 3 protects eight matters of National
Environmental Significance - Plan works to avoid impacts
- Actions likely to significantly impact must be
referred - Big fines, up to 5.5M or 7 years in prison
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4Case Example when things go wrong
- A Council undertook roadworks which resulted in
turning this
5Case Example when things go wrong
Impacted on a legless lizard research site
And headless lizards
6Case Example when things go wrong
- Value of final EU 690,000 included
- 250,000 to be paid to DSE for species recovery.
- 180,000 site rehabilitation and restitution.
- 80,000 for improved Internal Process and
Initiatives. - 30,000 Contractor Awareness raising Initiatives.
- 150,000 Co-ordinating and Reporting.
7Case Example Near Miss
Case Example Near Miss
- Hamilton Highway, near Cressy
8Avoiding impacts and compliance actions
- Management and staff buy-in
- Environmental Management Systems
- Staff
- Continuous improvement
- 7 Ps
9Significant Impact Test
- Effective application of the Significant Impact
Test ensures that - The Commonwealth only becomes involved where
there is a real risk to environmental matters in
which it has powers and interests. - The Commonwealth does not become involved in
developments where those risks have been
eliminated by design or by State/Local regulation
or planning. - Significance is judged as impacts on whole
populations, not impacts on individual members of
a species
10What is/is not an Action?
- An action is a development activity (bulldozing
native vegetation, undertaking a prescribed
burn). - Failure to do something, neglect or omission are
not actions (eg failure to control weeds,
control fuel loads, comply with a Fire Prevention
Notice) - Decisions are not actions
- Decision by a govt body to grant an approval.
- Planning future road infrastructure.
- Preparing a road management plan.
- A physical interaction or material change to the
environment
11Exemptions
Not all actions which have the potential to have
a significant impact on MNES will be regulated by
the EPBC Act. Actions approved prior to the
commencement of the EPBC Act Lawful continuation
of use National Emergency declaration by the
Minister
12Approval The Three Step Process
screening phase do we need to assess the
project?
13TOOLS AVAILABLE TO AVOID A SIGNIFICANT IMPACT
14Objectives of Compliance
- Guidance
- Transparency
- Predictable
- Rule of Law
15When it all goes pear shaped
- Seek informed advice from experts or the
department - Co-operate with enquiries
- Seek legal advice when appropriate
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