Stated purpose:
This is the key piece of environmental legislation providing a national scheme for environment and heritage protection and biodiversity conservation. The Act applies to matters of national significance.
The objectives of the EPBC Act are to:
provide for the protection of the environment, especially matters of national environmental significance
conserve Australian biodiversity
provide a streamlined national environmental assessment and approvals process
enhance the protection and management of important natural and cultural places
control the international movement of plants and animals (wildlife), wildlife specimens and products made or derived from wildlife
promote ecologically sustainable development through the conservation and ecologically sustainable use of natural resources
recognise the role of Indigenous people in the conservation and ecologically sustainable use of Australia's biodiversity
promote the use of Indigenous peoples' knowledge of biodiversity with the involvement of, and in cooperation with, the owners of the knowledge.
Native Title Implications:
This Act may be particularly relevant to those who hold native title over national parks and reserves, and Commonwealth marine parks. Others who may have to comply with the Act are those whose native title is granted over land containing Ramsar wetlands, threatened species and ecological communities, and migratory species. The Act also applies to water resources when considered in relation to coal seam gas and large coal mining developments. Any parties carrying out future acts may also be subject to this Act.
Relevant provisions:
s 8 Native title rights not affected
(1) To avoid doubt, nothing in this Act affects the operation of section 211 of the Native Title Act 1993 in relation to a provision of this Act.
Note: Section 211 of the Native Title Act 1993 provides that holders of native title rights covering certain activities do not need authorisation required by other laws to engage in those activities.
(2) This Act does not affect the operation of:
(a) the Aboriginal Land Rights (Northern Territory) Act 1976; or
(b) the Native Title Act 1993.
s 390 Special rules to protect Aboriginal interests in planning process
(1) This section sets out some extra rules about the process of preparing management plans for a Commonwealth reserve wholly or partly within the Kakadu region, the Uluru region or Jervis Bay Territory.
(2) The Minister must give a management plan for a Commonwealth reserve back to the Director with suggestions under paragraph 370(3)(b) if the Minister is satisfied that there is a substantial difference of opinion between:
(a) the Chair or Chairperson of a land council for indigenous people's land in the reserve, on the one hand; and
(b) the Director, or the Director and the Board for the reserve (if it is a jointly managed reserve), on the other hand.
(3) If the Minister gives the plan back to the Director with suggestions under paragraph 370(3)(b) (whether because of subsection (2) or not), the Minister must:
(a) give a copy of the suggestions to:
(i) the Chair or Chairperson of each land council for indigenous people's land in the reserve; and
(ii) the Parks and Wildlife Commission of the Northern Territory, if the plan is for a Commonwealth reserve wholly or partly in the Territory; and
(b) invite each person to whom the Minister gave a copy of the suggestions to give the Director comments on the suggestions within 14 days.
(4) When considering the Minister's suggestions as required by paragraph 370(4)(a), the Director and any Board for the reserve must also consider any comments made in response to the Minister's invitation.
(5) When the Director gives the Minister an identical or altered version of the plan under paragraph 370(4)(b), the Director must also:
(a) give the Minister a copy of the comments (if any) made in response to the Minister's invitation, and the Director's views on those comments; and
(b) give the Chair or Chairperson of each land council for indigenous people's land in the reserve a copy of the version of the plan given to the Minister and of the comments and views (if any) being given to the Minister under paragraph (a).
(6) The Chair or Chairperson of a land council for indigenous people's land in the reserve may make comments to the Minister relating to the version of the plan within 14 days of receiving the copy of it.
(7) If the Minister receives comments from the Chair or Chairperson of a land council for indigenous people's land in the reserve and the Minister is satisfied that there is a substantial difference of opinion between the Chair or Chairperson and the Director over the plan:
(a) the Minister may appoint a person the Minister considers to be suitably qualified and in a position to deal with the matter impartially to inquire into the matter; and
(b) the person appointed must inquire into the matter and give the Minister a report and recommendations.
(8) The Minister:
(a) must also consider:
(i) the comments (if any) made to the Minister by the Chair or Chairperson under subsection (6); and
(ii) the report and recommendations (if any) given to the Minister under subsection (7);
when considering under subsection 370(5) the version of the plan given to the Minister under paragraph 370(4)(b); and
(b) must not approve the plan before the end of the period described in subsection (6).