View source for Environment Protection and Biodiversity Conservation Act 1999

{{Short description|Environmental law in Australia}}
{{italic title}}
{{Use dmy dates|date=September 2020}}
{{Use Australian English|date=September 2012}}
{{Infobox legislation
| short_title    = 
| legislature    = [[Parliament of Australia]]
| long_title     = An Act relating to the protection of the environment and the conservation of biodiversity, and for related purposes
| citation       = {{URL|https://www.legislation.gov.au/Details/C2004A00485|No. 91 of 1999}} or {{URL|https://www.legislation.gov.au/Details/C2022C00214|No. 91, 1999 as amended}}
| territorial_extent = [[States and territories of Australia]]
| enacted_by     = Parliament of Australia
| date_enacted   = 16 July 2000
| royal_assent   = 16 July 1999
| date_commenced = 16 July 2000
| administered_by = [[Department of Agriculture, Water and the Environment]]
| introduced_by  = [[Bill Heffernan]], [[Ian Campbell (Australian politician)|Ian Campbell]]
| 1st_reading    = 31 March 1999<ref>{{cite web | title=Environment and Heritage Legislation Amendment Bill 1999: First Reading | website=ParlInfo | date=31 March 1999 | url=https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=CHAMBER;id=chamber%2Fhansards%2F1999-03-31%2F0018;query=Id%3A%22chamber%2Fhansards%2F1999-03-31%2F0027%22 | access-date=27 June 2020}}</ref>
| 2nd_reading    = 31 March 1999<ref>{{cite web | title=Environment and Heritage Legislation Amendment Bill 1999: Second Reading | website=ParlInfo | date=31 March 1999 | url=https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=CHAMBER;id=chamber%2Fhansards%2F1999-03-31%2F0019;query=Id%3A%22chamber%2Fhansards%2F1999-03-31%2F0027%22 | access-date=27 June 2020}}</ref>
| status         = in force
}}

{{Wildlife of Australia}}
The '''''Environment Protection and Biodiversity Conservation Act 1999''''' '''(Cth)''' is an [[Act of Parliament|Act]] of the [[Parliament of Australia]] that provides a framework for protection of the [[Environment of Australia|Australian environment]], including its [[biodiversity]] 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]] and [[Community (ecology)|ecological communities]], and preserve significant places from decline. The Act is {{as of|lc=yes|September 2024}} administered by the [[Department of Climate Change, Energy, the Environment and Water]]. 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]] powers of the Parliament granted by the [[Australian Constitution]], and key provisions of the Act are largely based on a number of international, multilateral or bilateral [[treaty|treaties]]. 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''.<ref>{{cite web |date=13 March 1975 |title=National Parks and Wildlife Conservation Act 1975 |url=https://www.legislation.gov.au/Series/C2004A00234 |access-date=27 June 2020 |website=Federal Register of Legislation |publisher=Australian Government}}</ref><ref>{{cite web |date=16 July 1999 |title=Environmental Reform (Consequential Provisions) Act 1999 |url=https://www.legislation.gov.au/Details/C2004A00486 |access-date=27 June 2020 |website=Federal Register of Legislation |publisher=Australian Government}}</ref> 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.<ref name="daweepbchist">{{cite web |date=5 July 2000 |title=History of the EPBC Act |url=https://www.environment.gov.au/epbc/about/history |access-date=27 June 2020 |website=Australia. Department of Agriculture, Water and the Environment}} [[File:CC-BY_icon.svg|50x50px]] Text was copied from this source, which is available under an [[creativecommons:by/3.0/au/|Attribution 3.0 Australia (CC BY 3.0 AU)]] licence.</ref>

The Act received Royal Assent on 16 July 1999 and commenced on 16 July 2000.<ref name="daweepbchist" />

The ''Environment Protection and Biodiversity Conservation Regulations 2000'' also commenced on 16 July 2000,<ref>{{cite web |date=5 July 2001 |title=Environment Protection and Biodiversity Conservation Regulations 2000 |url=https://www.legislation.gov.au/Details/C2004H01162 |access-date=27 June 2020 |website=Federal Register of Legislation}}</ref> (with 21 amendments up to the latest on 17 December 2018<ref>{{cite web |title=Environment Protection and Biodiversity Conservation Regulations 2000 |url=https://www.legislation.gov.au/Series/F2000B00190 |access-date=27 June 2020 |website=Federal Register of Legislation |publisher=Australian Government}}</ref>). The purpose of the regulations is to give effect to the provisions of the Act.<ref name="daweepbchist" />

The ''Act'' has had many amendments through its lifetime. Significant amendments include the following:
*The [[National Heritage List]] was established by an amendment in September 2003.<ref>{{cite web |date=23 September 2003 |title=Environment Protection and Biodiversity Conservation Act 1999 |url=https://www.legislation.gov.au/Details/C2004C03804 |access-date=2 July 2020 |website=Federal Register of Legislation |publisher=Australian Government}}</ref>
*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".<ref name="daweepbchist" />
*Significant amendments to the ''Act'' became law on 22 June 2013, known as the "Water trigger", making [[water resources]] a matter of national environmental significance, in relation to [[coal seam gas]] and large [[coal mining]] development.<ref name="daweaboutepbc">{{cite web | title=Department of Agriculture, Water and the Environment | website=Department of Agriculture, Water and the Environment | date=16 July 2000 | url=https://www.environment.gov.au/epbc/about | access-date=27 June 2020}} [[File:CC-BY icon.svg|50px]] Text was copied from this source, which is available under an [https://creativecommons.org/licenses/by/3.0/au/ Attribution 3.0 Australia (CC BY 3.0 AU)] licence.</ref><ref name="daweepbchist" />
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".<ref name="onestop">{{cite web |date=16 October 2013 |title=One-Stop Shop for environmental approvals |url=http://www.environment.gov.au/ |access-date=27 June 2020 |website=Australia. Department of Agriculture, Water and the Environment}}</ref> On 16 June 2014 the proposed amendments<ref name="Australasian Legal Information Institute 2015">{{cite web |date=1 January 2015 |title=Environment Protection and Biodiversity Conservation Amendment (Bilateral Agreement Implementation) Bill 2014 Explanatory Memorandum |url=http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/bill_em/epabcaaib2014980/memo_0.html |access-date=27 June 2020 |website=Australasian Legal Information Institute}}</ref> passed the [[Australian House of Representatives|House of Representatives]], despite opposition from environmental campaigners and significant legal commentators who criticised the Bill and expressed concerns about the delegation of Commonwealth environmental approval powers.<ref>{{cite web |author=Australian Network of Environmental Defender's Offices |date=30 May 2014 |title=ANEDO submission on the Senate Inquiry into the EPBC Amendment (Bilateral Agreement Implementation) Bill 2014 and the EPBC Amendment (Cost Recovery) Bill 2014 |url=http://d3n8a8pro7vhmx.cloudfront.net/edonsw/pages/1482/attachments/original/1401763257/140530_Senate_Inquiry_into_EPBC_(Bilateral_Agreement_Implementation)_Bill_-_ANEDO_submission.pdf?1401763257 |url-status=live |archive-url=https://web.archive.org/web/20160920034057/http://d3n8a8pro7vhmx.cloudfront.net/edonsw/pages/1482/attachments/original/1401763257/140530_Senate_Inquiry_into_EPBC_(Bilateral_Agreement_Implementation)_Bill_-_ANEDO_submission.pdf?1401763257 |archive-date=20 September 2016 |access-date=27 June 2020 |quote=Hasty bilateral agreements to delegate Commonwealth government powers to State and Territories, as proposed by the Federal government's 'one stop shop' approach and facilitated by the Bill, may in fact, create complexity and fragmentation with a confusing "eight stop shop" of different State and Territory systems as Commonwealth requirements are 'bolted on' to the different state legislative structures.}}</ref> 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.<ref name="onestop" />

==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 [[Australian Commonwealth|Commonwealth]] land and land affecting the Commonwealth. For example, commercial picking of [[wildflower]]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 {{as of|lc=yes|September 2024}} administered by the [[Department of Climate Change, Energy, the Environment and Water]].<ref name="dcceewepbc">{{cite web | title=Department of Climate Change, Energy, the Environment and Water | website=Department of Climate Change, Energy, the Environment and Water| date=16 July 2000 | url=https://www.dcceew.gov.au/environment/epbc | access-date=15 September 2024}} [[File:CC-BY icon.svg|50px]] Text was copied from this source, which is available under an [https://creativecommons.org/licenses/by/3.0/au/ Attribution 3.0 Australia (CC BY 3.0 AU)] licence.</ref>

==={{anchor}}Matters of National Environmental Significance===

{{as of|2020}}, the Act identifies nine Matters of National Environmental Significance (MNES):<ref name="daweaboutepbc" />

* [[World Heritage Site|World Heritage properties]]
* [[Australian National Heritage List|National heritage places]] including [[List of Overseas Places of Historic Significance to Australia|overseas places of historic significance]] 
* [[Wetlands]] of international importance ([[Ramsar Convention|Ramsar]] wetlands)
* Nationally [[threatened species]] and [[Community (ecology)|ecological communities]]
* [[wikt:Migration|Migratory species]]
* Commonwealth marine areas
* The Great Barrier Reef Marine Park
* Nuclear actions (including [[uranium mining]] and building of [[nuclear waste]] repositories)<ref>{{cite news | title = Limited scrutiny on nuclear projects | last = Murphy | first = Katharine | work = The Age (Melbourne) | date = 2007-04-09 | page = 3}}</ref>
* A [[water resource]], in relation to [[coal seam gas]] development and large [[coal mining]] 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."<ref>{{cite web | title=What is a 'Matter of National Environmental Significance' (MNES)? | website=Law Handbook|publisher=[[Legal Services Commission of South Australia]] | date=29 August 2020 | url=https://lawhandbook.sa.gov.au/ch19s02s02.php | access-date=31 August 2020}}</ref> 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".<ref>{{cite web|url=https://www.environment.gov.au/epbc/publications/significant-impact-guidelines-11-matters-national-environmental-significance|website=Department of Agriculture, Water and the Environment|title=Significant Impact Guidelines 1.1 - Matters of National Environmental Significance|access-date=31 August 2020}} [[File:CC-BY icon.svg|50px]] Text was copied from this source, which is available under a [https://creativecommons.org/licenses/by/4.0 Attribution 4.0 International  (CC BY 4.0)] licence.</ref>

===Threatened species===
Lists of threatened species, such as [[Threatened fauna of Australia|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).<ref>{{cite web | title=Species Profile and Threats Database (SPRAT) | website=Department of Agriculture, Water and the Environment, Australian Government  | url=https://www.environment.gov.au/cgi-bin/sprat/public/sprat.pl | access-date=27 June 2020}}</ref>

===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]], which does not expressly refer to the environment. As such, key provisions of the Act are largely based on a number of treaties including:<ref name="2020reviewscope">{{cite web | title=Scope of the EPBC Act | website=Independent review of the EPBC Act | date=26 June 2020 | url=https://epbcactreview.environment.gov.au/resources/scope-epbc-act | access-date=27 June 2020}}</ref><ref>{{cite web|url=http://www.nff.org.au/get/2434069037.doc |title=The Environment Protection & Biodiversity Conservation Act and the Australian Constitution |access-date=2008-06-04 |publisher=National Farmers' Federation |date=9 February 2007 |format=Word Document (.doc) |archive-url=https://web.archive.org/web/20080719164755/http://www.nff.org.au/get/2434069037.doc |archive-date=19 July 2008}}</ref>

* [[Ramsar Convention]] – The Convention on Wetlands of International Importance especially as Waterfowl Habitat, 2 February 1971
* [[World Heritage Convention]] – 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]]) – [[Washington, DC]], 3 March 1973 (enforced 1 July 1975)
* [[Convention on the Conservation of Migratory Species of Wild Animals]] (Bonn Convention), 23 June 1979
* [[Convention on Biological Diversity]] – [[Rio de Janeiro]], 5 June 1992

Bilateral agreements concerning migratory bird conservation include:<ref name="2020reviewscope" />
*Agreement between the [[Government of Japan]] and the Government of Australia for the Protection of Migratory Birds and Birds in Danger of Extinction and their Environment ([[Japan-Australia Migratory Bird Agreement|JAMBA]]), 1974
*Agreement between the Government of Australia and the [[Government of the People's Republic of China]] for the protection of Migratory Birds and their Environment ([[China-Australia Migratory Bird Agreement|CAMBA]]), 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".<ref>{{cite web | title=Environment Protection and Biodiversity Conservation Amendment (Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development) Act 2012 | website=Federal Register of Legislation | date=26 October 2012 | url=https://www.legislation.gov.au/Details/C2012A00145 | access-date=31 August 2020}}</ref>

=== {{anchor}}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''.<ref>{{cite web | title=Environment Protection and Biodiversity Conservation Amendment Act 2013 | website=Federal Register of Legislation | date=25 June 2013 | url=https://www.legislation.gov.au/Details/C2013A00060 | access-date=31 August 2020}}</ref> The amendment relates to significant impacts on [[water resources]], for example where actions by a large coal mining development, in particular [[coal seam gas]] may adversely affect [[groundwater]] in the area.<ref name="edowater" /> The amendment was introduced by [[Tony Windsor]], an independent [[Member of Parliament]] (MP). This became known as "water trigger".<ref name="hannam" />

{{as of|March 2020}}, the [[Australian Conservation Foundation]] is taking the [[Morrison government]] to court for failing to apply the water trigger when it assessed [[Adani Group|Adani]]'s North Galilee Water Scheme, part of its essential infrastructure for the proposed [[Carmichael coal mine]].<ref>{{cite web | title=ACF challenges Morrison Government decision to not apply water trigger to Adani pipeline | website=Australian Conservation Foundation | date=1 August 2018 | url=https://www.acf.org.au/acf_challenges_morrison_govt_decision_to_not_apply_water_trigger_to_adani_pipeline | access-date=31 August 2020}}</ref><ref name="hannam">{{cite web | last=Hannam | first=Peter | title=Morrison government faces legal challenge over Adani pipeline plan | website=The Sydney Morning Herald | date=16 March 2020 | url=https://www.smh.com.au/environment/sustainability/morrison-government-faces-legal-challenge-over-adani-pipeline-plan-20200316-p54an6.html | access-date=31 August 2020}}</ref>

=== 2020 Amendment Act ===
On 27 August 2020, the Minister for the Environment, [[Sussan Ley]], 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,<ref name="hsf">{{cite web | title=EPBC Amendment Bill tabled to facilitate bilateral approval agreements | website=Herbert Smith Freehills|series=Environment, Planning & Communities notes | date=27 August 2020 | url=https://hsfnotes.com/environmentaustralia/2020/08/27/epbc-amendment-bill-tabled-to-facilitate-bilateral-approval-agreements/ | access-date=31 August 2020}}</ref> so that states can make their own decisions when assessing applications by large coal mines and [[coal seam gas]] projects that can impact water resources.<ref name="edowater">{{cite web | title=Explainer: What is the 'water trigger'? | website=Environmental Defenders Office | date=13 November 2018 | url=https://www.edo.org.au/2018/11/13/explainer-what-is-the-water-trigger/ | access-date=31 August 2020}}</ref> The proposed changes do not include the promised prototype national standards.<ref>{{cite web | title=Australia's national environmental laws: what is the Morrison government proposing to change and why? | website=The Guardian| date=27 August 2020|first=Lisa |last=Cox | url=http://www.theguardian.com/environment/2020/aug/27/australias-national-environmental-laws-what-is-the-morrison-government-proposing-to-change-and-why | access-date=31 August 2020}}</ref>

==Assessments==
A large number of studies, audits, reviews and [[Requests and inquiries#Parliamentary inquiry|parliamentary inquiries]] have examined various aspects of the legislation over the years.<ref name="abcaudit2020">{{cite web | title=Auditor-General's review of EPBC act finds severe deficiencies in Environment Department's processes  | website=ABC News|publisher=Australian Broadcasting Corporation|first= Stephanie |last=Dalzell | date=25 June 2020 | url=https://www.abc.net.au/news/2020-06-25/auditor-general-severe-deficiencies-environmental-protection/12393780 | access-date=26 June 2020}}</ref> Section 522A<ref name="environment1" /> 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.<ref name="2020reviewabout" />

A 2005 study looked specifically at threatened species recovery.<ref name=2019uq/><ref>{{cite journal | last1=Wilkinson | first1=Debra | last2=Macintosh | first2=Andrew | title=The EPBC [Environment Protection and Biodiversity Conservation] Act [1999]: the case for reform| journal=Australasian Journal of Natural Resources Law and Policy | volume=10 | issue=1 | url=https://search.informit.com.au/documentSummary;dn=200602460;res=IELAPA;type=pdf | access-date=26 June 2020 }}</ref>

In 2006 Chris McGrath examined the constitutional validity of the Act and its effectiveness at regulating non-compliance<ref name=2019uq/> 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.<ref>{{cite web |url=https://www.researchgate.net/publication/288396319 |title=Swirls in the stream of Australian environmental law: Debate on the EPBC Act|first=Chris|last=McGrath|website=ResearchGate}}</ref>

===2007 audit===
A review of the Act and actions taken under the Act was published by the [[Australian National Audit Office]] (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 (Australia)|Department of the Environment and Water Resources]] for inaction with respect to the EPBC; key findings of the audit include:<ref name=anao>{{cite book|title=The Conservation and Protection of National Threatened Species and Ecological Communities [for the] Department of the Environment and Water Resources |series=Auditor-General Audit Report No.31, 2006–07 Performance Audit |url=https://www.anao.gov.au/work/performance-audit/conservation-and-protection-national-threatened-species-and-ecological|issn =1036-7632| isbn= 978-0-642-80950-6|first1=Peter |last1=McVay|first2= Cameron|last2= Mathie |first3=David |last3=Crossley|date=2007|publisher=Commonwealth of Australia }} [https://www.anao.gov.au/sites/default/files/ANAO_Report_2006-2007_31.pdf pdf]</ref><ref name=theage>{{cite web | title=Audit slams slow Environment Department | website=The Age | date=29 March 2007 | url=https://www.theage.com.au/national/audit-slams-slow-environment-department-20070330-gdpsrz.html | access-date=27 June 2020}}</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 [[Australian states and territories|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]] leader [[Bob Brown]] said the audit showed that the government had not provided enough funding to properly protect Australia's [[endangered species]] of flora, fauna and ecological communities. He said that there were no plans to save three out of four threatened species.<ref name=theage/>

=== 2008–2009 independent review ===
On 31 October 2008 the [[Department of the Environment, Water, Heritage and the Arts|Minister for the Environment, Heritage and the Arts]] commissioned the first 10-year statutory independent review of the ''Act''.<ref name="environment1">[http://www.environment.gov.au/epbc/review/index.html Independent review of the Environment Protection and Biodiversity Conservation Act 1999] {{webarchive|url=https://web.archive.org/web/20101215185345/http://environment.gov.au/epbc/review/index.html |date=15 December 2010 }}. Environment.gov.au. Retrieved on 2012-05-03.</ref><ref name=2009review>{{cite web | title=First Independent review of the Environment Protection and Biodiversity Conservation Act 1999| website=Department of Agriculture, Water and the Environment | date=31 October 2008 | url=https://www.environment.gov.au/legislation/environment-protection-and-biodiversity-conservation-act/epbc-review-2008| access-date=27 June 2020}} [[File:CC-BY icon.svg|50px]] Text was copied from this source, which is available under a [https://creativecommons.org/licenses/by/3.0/au/ Attribution 3.0 Australia (CC BY 3.0 AU)] licence.</ref>

The review was led by Dr [[Allan Hawke]], supported by an expert panel.<ref name=2009review/> 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:<ref name=hawkereport/>

*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.<ref name="environment1"/><ref name=2009review/><ref name=hawkereport>{{cite book| title=The Australian Environment Act: Report of the Independent review of the Environment Protection and Biodiversity Conservation Act 1999: Final report| publisher=Australia. Department of the Environment, Water, Heritage and the Arts| date=October 2009| isbn=978-0-9806735-2-4| via=Trove| url=http://www.environment.gov.au/epbc/review/publications/final-report.html| access-date=27 June 2020| archive-date=29 March 2013| archive-url=http://webarchive.nla.gov.au/awa/20130329091649/http://www.environment.gov.au/epbc/review/publications/final-report.html| url-status=dead}}</ref> 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":<ref name=2009conclusions/>

# 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.<ref name=2009conclusions>{{cite web |title=Fact Sheet 2 The Independent Review – Conclusions and Recommendations |url=http://www.environment.gov.au/system/files/resources/5f3fdad6-30ba-48f7-ab17-c99e8bcc8d78/files/fact-sheet-2-conclusions-and-recommendations.pdf |publisher=Department of Agriculture, Water and the Environment |access-date=27 June 2020 |date=October 2009}} [[File:CC-BY icon.svg|50px]] Text was copied from this source, which is available under a [https://creativecommons.org/licenses/by/3.0/au/ Attribution 3.0 Australia (CC BY 3.0 AU)] licence.</ref>

===2018 invertebrate studies===
In 2018, two studies looked at the representativeness of listed species,<ref name=2019uq/><ref name=braby>{{cite journal | last=Braby | first=Michael F | title=Threatened species conservation of invertebrates in Australia: an overview | journal=Austral Entomology | publisher=Wiley | volume=57 | issue=2 | date=18 January 2018 | issn=2052-174X | doi=10.1111/aen.12324 | pages=173–181| doi-access=free }}</ref> and the other insects and allied invertebrates, proposing a new, strategic national approach for the conservation of these animals.<ref name=taylor>{{cite journal | last1=Taylor | first1=Gary S | last2=Braby | first2=Michael F | last3=Moir | first3=Melinda L | last4=Harvey | first4=Mark S | last5=Sands | first5=Don P A | last6=New | first6=Tim R | last7=Kitching | first7=Roger L | last8=McQuillan | first8=Peter B | last9=Hogendoorn | first9=Katja | last10=Glatz | first10=Richard V | last11=Andren | first11=Mick | last12=Cook | first12=James M | last13=Henry | first13=Shasta C | last14=Valenzuela | first14=Isabel | last15=Weinstein | first15=Phil|display-authors=2 | title=Strategic national approach for improving the conservation management of insects and allied invertebrates in Australia | journal=Austral Entomology | publisher=Wiley | volume=57 | issue=2 | year=2018 | issn=2052-174X | doi=10.1111/aen.12343 | pages=124–149| doi-access=free }}</ref>

===2018 ''Guardian'' report===
A ''[[The Guardian]]'' reported in March 2018 that Australia had not listed any [[critical habitat]] 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.<ref name=cox2018>{{cite web | last=Cox | first=Lisa | title=Australia has 1,800 threatened species but has not listed critical habitat in 10 years | website=The Guardian| date=5 March 2018 | url=http://www.theguardian.com/environment/2018/mar/06/australia-has-1800-threatened-species-but-has-not-listed-critical-habitat-in-10-years | access-date=29 June 2020}}</ref> A recent investigation had shown that Australia was planning to clear {{convert|3000000|ha}} of native forest by 2030, much of it in [[Queensland]].<ref>{{cite web | last=Slezak | first=Michael | title='Global deforestation hotspot': 3m hectares of Australian forest to be lost in 15 years | website=The Guardian| date=4 March 2018 | url=http://www.theguardian.com/environment/2018/mar/05/global-deforestation-hotspot-3m-hectares-of-australian-forest-to-be-lost-in-15-years | access-date=29 June 2020}}</ref> One weakness of the critical habitat register is that its offence provisions do not apply to state or private land, only to [[Australian Commonwealth|Commonwealth]] land. This had a big impact on the ability to name a critical habitat for the endangered [[Leadbeater's possum]], whose habitat was mainly on state- and privately-owned land.<ref name=cox2018/>

===2019 assessment===
A study by the Centre for Biodiversity and Conservation Science at the School at the [[University of Queensland]] 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.<ref name=2019uq/>

It showed that since the Act came into force in 2000, over {{convert|7700000 |ha}} 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]], and [[Southern black-throated finch]] lost 25, 23, and 10% of potential habitat, respectively. Iconic Australian species such as the [[koala]], also lost about {{convert|1000000| ha}} (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.<ref name=2019uq>{{cite journal |last1=Ward |first1=Michelle S. |last2=Simmonds |first2=Jeremy S. |last3=Reside |first3=April E. |last4=Watson |first4=James E. M. |last5=Rhodes |first5=Jonathan R. |last6=Possingham |first6=Hugh P. |last7=Trezise |first7=James |last8=Fletcher |first8=Rachel |last9=File |first9=Lindsey |last10=Taylor |first10=Martin|display-authors=2 |title=Lots of loss with little scrutiny: The attrition of habitat critical for threatened species in Australia |journal=Conservation Science and Practice |date=8 September 2019 |volume=1 |issue=11 |doi=10.1111/csp2.117|doi-access=free}} [[File:CC-BY icon.svg|50px]] Text was copied from this source, which is available under a [https://creativecommons.org/licenses/by/4.0 Attribution 4.0 International (CC BY 4.0)] licence.</ref>

===June 2020 audit===
The 2020 audit was the sixth audit of referrals, assessments and approvals under the Act.<ref name=acfaudit2020>{{cite web | title=Scathing Auditor-General's report on environment law makes clear case for new, independent regulator | website=Australian Conservation Foundation | date=25 June 2020 | url=https://www.acf.org.au/scathing_auditor_general_s_report_on_environment_law_makes_clear_case_for_new_independent_regulator | access-date=26 June 2020}}</ref> Published and tabled in Parliament<ref name=daweresponsemain/> 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]] (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 of Australia|Auditor-General]] made eight recommendations to the Department.<ref name=anao2020>{{cite book | title=Referrals, Assessments and Approvals of Controlled Actions under the Environment Protection and Biodiversity Conservation Act 1999 [for] Department of Agriculture, Water and the Environment|author1=Australian National Audit Office|issn =2203-0352 |isbn =978-1-76033-564-9 |series=Auditor-General Report No.47 2019–20: Performance Audit | date=25 June 2019 | url=https://www.anao.gov.au/work/performance-audit/referrals-assessments-and-approvals-controlled-actions-under-the-epbc-act | access-date=26 June 2020|quote= Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 Australia }} [https://www.anao.gov.au/sites/default/files/Auditor-General_Report_2019-2020_47.pdf 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.<ref name=abcaudit2020/>

DAWE responded to the audit, agreeing to all eight recommendations. The Secretary of DAWE, [[Andrew Metcalfe]], also reported that the Act was at the time undergoing an independent statutory review led by Professor [[Graeme Samuel]] {{post-nominals|country=AUS|AC}}, which was likely to result in legislative changes to the Act.<ref name=daweresponsemain>{{cite web | title=Department response to ANAO Performance Audit: Referrals, Assessments and Approvals of Controlled Actions under the Environment Protection and Biodiversity Conservation Act 1999 | website=Australia. Department of Agriculture, Water and the Environment | date=25 June 2020 | url=https://www.awe.gov.au/about/reporting/obligations/government-responses/anao-performance-audit-epbc-act | access-date=27 June 2020}} [https://www.awe.gov.au/sites/default/files/2020-06/letter-from-secretary-to-auditor-general-anao.pdf Letter from Secretary of DAWE Andrew Metcalfe to ANAO]; [https://www.awe.gov.au/sites/default/files/2020-06/department-response-to-anao-performance-audit.pdf DAWE response to Proposed Report under s.19 of the Auditor-General Act 1997]</ref>

James Tresize of the [[Australian Conservation Foundation]] 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.<ref name=abcaudit2020/> He also pointed out that "in the 20 years the laws have been in operation, [[threatened species]] habitat greater in size than Tasmania has been logged and cleared".<ref name=acfaudit2020/>

===2019–2020 independent review===
A statutory independent review led by Professor [[Graeme Samuel]] {{post-nominals|country=AUS|AC}} 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.<ref name=2020reviewabout>{{cite web | title=About the review | website=Independent review of the EPBC Act | date=23 June 2020 | url=https://epbcactreview.environment.gov.au/about-review | access-date=27 June 2020}}</ref> The expert panel consists of Bruce Martin, Erika Smyth and [[Wendy Craik]].<ref name=2020reviewpanel>{{cite web | title=Reviewer and Expert Panel | website=Independent review of the EPBC Act | date=23 June 2020 | url=https://epbcactreview.environment.gov.au/about-review/reviewer-and-expert-panel | access-date=27 June 2020}}</ref>

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]], "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]] can be better integrated into decision-making.<ref name=interim>{{cite web | title=Australia's environment in unsustainable state of decline, major review finds | website=The Guardian|first=Lisa|last=Cox | date=20 July 2020 | url=http://www.theguardian.com/environment/2020/jul/20/australias-environment-in-unsustainable-state-of-decline-major-review-finds | access-date=27 July 2020}}</ref>

The [[Minister for the Environment]], [[Sussan Ley]], 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.<ref name=interim/>

On 14 August 2020, [[Andrew Barr]], Chief Minister of the [[Australian Capital Territory|ACT]], said that the legislation needed to be modernised to address [[climate change]], which is not even mentioned in the current Act.<ref>{{cite web | last=Cox | first=Lisa | title=Australia's environmental protection laws should mention climate change, government told | website=The Guardian| date=15 August 2020 | url=http://www.theguardian.com/environment/2020/aug/16/morrison-government-urged-to-use-australian-conservation-laws-to-address-climate-change | access-date=16 August 2020}}</ref>

===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]] himself (then Shadow Environment Minister) proposed such a measure.<ref name=lauder2025>{{cite web | last=Lauder | first=Jo | title=Australia just approved Woodside's gas project until 2070. How could it happen? | website=[[ABC News (Australia)|ABC News]] | date=30 May 2025 | url=https://www.abc.net.au/news/2025-05-31/woodside-north-west-shelf-approval-did-not-consider-climate/105347716 | access-date=4 June 2025}}</ref> The project has been one of Australia's biggest single emitters of [[greenhouse gases]],<ref name=Kruijff2022>{{Cite web |last=De Kruijff |first=Peter  |date=2022-06-30 |title=Watchdog greenlights Australia's most polluting project to run to 2070 |url=https://www.smh.com.au/business/companies/watchdog-green-lights-australia-s-most-polluting-project-to-run-to-2070-20220630-p5ay0e.html |access-date=2024-06-08 |website=[[The Sydney Morning Herald]] |language=en}}</ref> 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.<ref name=morton2025>{{cite web | last=Morton | first=Adam | title=Labor approves extension of Woodside’s contentious North West Shelf gas development | website=The Guardian | date=28 May 2025 | url=https://www.theguardian.com/environment/2025/may/28/labor-approves-extension-of-woodsides-contentious-north-west-shelf-gas-development | access-date=29 May 2025}}</ref> In addition, the plant is situated near to a {{convert|37,000 |ha|adj=on}} natural gallery of over a million 50,000-year-old [[petroglyph]]s at [[Murujuga]], a site of great cultural significance to local Aboriginal people.<ref name=johnson2025>{{cite web | last=Johnson | first=Kema | last2=Johnston | first2=Greig | title=What Murray Watt's North West Shelf gas decision means for Woodside's WA operations | website=[[ABC News (Australia)|ABC News]] | date=28 May 2025 | url=https://www.abc.net.au/news/2025-05-28/what-the-woodside-north-west-shelf-decision-means/105326014 | access-date=29 May 2025}}</ref>

== See also ==
*[[Director of National Parks]]
*[[List of Ramsar sites in Australia]] (wetlands)
*[[Natural Heritage Trust]]
*[[Regional Forest Agreement]]
*[[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)]]'', [[New South Wales]] 
* ''[[Biodiversity Conservation Act 2016 (WA)]]'', [[Western Australia]]
* ''[[Flora and Fauna Guarantee Act 1988]]'' (FFG Act), [[Victoria, Australia|Victoria]]
* ''[[National Parks and Wildlife Act 1972]]'', [[South Australia]]
* ''[[Nature Conservation Act 2014]]'', [[Australian Capital Territory]] 
* ''[[Nature Conservation Act 1992]]'', [[Queensland]] 
* ''[[Territory Parks and Wildlife Conservation Act 1976]]'' (TPWCA), [[Northern Territory]]<ref>{{cite web | title=Territory Parks And Wildlife Conservation Act 1976| website=Northern Territory Legislation |publisher=Northern Territory Government| url=https://legislation.nt.gov.au/Search/~/link.aspx?_id=AB2833CA03734665A659DE62D789A6C9&_z=z | access-date=28 June 2020}}</ref>
** ''[[Environment Assessment Act 1982]]'', [[Northern Territory]]<ref>{{cite web | title=Environmental Assessment Act 1982 | website=Northern Territory Legislation | publisher=Northern Territory Government | url=https://legislation.nt.gov.au/en/Legislation/ENVIRONMENTAL-ASSESSMENT-ACT-1982 | access-date=28 June 2020 | archive-date=8 April 2020 | archive-url=https://web.archive.org/web/20200408112342/https://legislation.nt.gov.au/en/Legislation/ENVIRONMENTAL-ASSESSMENT-ACT-1982 | url-status=dead }}</ref>
* ''[[Threatened Species Protection Act 1995]]'' (TSP Act), [[Tasmania]]
* ''[[National Parks and Wildlife Act 1972]]'', [[South Australia]]

==References==
{{Reflist}}

==Further reading==
*{{cite web | title=The EPBC Act Review 2020 | website=Environmental Defenders Office | date=7 August 2020 | url=https://www.edo.org.au/the-epbc-act-review-2020/}}
*{{cite web | last1=Evans | first1=Megan C | last2=Burnett | first2=Peter | title=National cabinet just agreed to big changes to environment law. Here's why the process shouldn't be rushed | website=The Conversation | date=23 July 2020 | url=http://theconversation.com/national-cabinet-just-agreed-to-big-changes-to-environment-law-heres-why-the-process-shouldnt-be-rushed-143136 }}
*{{Cite web|last=Kilvert|first=Nick|title=Australia singled out for mammal extinction in UN's dire global biodiversity report |url=https://www.abc.net.au/news/science/2020-09-16/un-biodiversity-bramble-cay-melomys-extinction/12668356|date=16 September 2020|website=ABC News|publisher=Australian Broadcasting Corporation}}
*{{cite web | title=What this critically endangered bird tells us about Australia's failing environment protection laws|first1= Nick|last1= Wiggins|first2= Keri |last2=Phillips|website= ABC News (Radio National: Rear Vision) | date=24 August 2020 | url=https://www.abc.net.au/news/2020-08-25/environment-protection-laws-fail-swift-parrot-conservationists/12574398}}

==External links==
{{Wikidata property|P2455}}
*{{cite web | publisher=Australian Government|title=Environment Protection and Biodiversity Conservation Act 1999 (Series)| website=Federal Register of Legislation  | url=https://www.legislation.gov.au/Series/C2004A00485 }} ([https://creativecommons.org/licenses/by/4.0 CC BY 4.0] )
*{{cite web | title=Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)| website=Australia. Department of Agriculture, Water and the Environment | url=https://www.environment.gov.au/epbc }}
* {{cite web | title=Species Profile and Threats Database (SPRAT) | website=Department of Agriculture, Water and the Environment, Australian Government  | url=https://www.environment.gov.au/cgi-bin/sprat/public/sprat.pl}} — species and ecological communities listed under the ''Environment Protection and Biodiversity Conservation Act 1999''
*[https://www.dcceew.gov.au/environment/epbc/our-role/approved-lists EPBC Act lists] – Approved lists under the Act

{{Threatened species}}

[[Category:Environmental law in Australia]]
[[Category:Biota of Australia by EPBC Act status| ]]
[[Category:Acts of the Parliament of Australia]]
[[Category:Nature conservation in Australia]]
[[Category:1999 in the environment]]
[[Category:1999 in Australian law]]
[[Category:1999 establishments in Australia]]
[[Category:Environmental legislation]]