Understanding EPBC Act: Compliance and Impacts on National Environment

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

4. Case Example – when things go wrong • A Council undertook roadworks which resulted in turning this:

5. Case Example – when things go wrong Impacted on a legless lizard research site • into And headless lizards

6. Case 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.

7. Case Example – Near Miss Case Example – Near Miss Hamilton Highway, near Cressy

8. Avoiding impacts and compliance actions • Management and staff buy-in • Environmental Management Systems • Staff • Continuous improvement • 7 P’s

9. Significant 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

10. What 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 gov’t body to grant an approval. • Planning future road infrastructure. • Preparing a road management plan. • A physical interaction or material change to the environment

11. Exemptions 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

12. Referral Non-controlled action- no further assessment or final approval required Non-controlled action- particular manner- no significant impact likely provided proposal is done in a specified manner Controlled Action- significant impact likely, further assessment and final approval required Information gathering, analysis and consultation phase Assessment Approval decision phase Approval: The Three Step Process “screening” phase – do we need to assess the project?

13. TOOLS AVAILABLE TO AVOID A SIGNIFICANT IMPACT

14. Objectives of Compliance • Guidance • Transparency • Predictable • Rule of Law

15. When it all goes pear shaped • Seek informed advice from experts or the department • Co-operate with enquiries • Seek legal advice when appropriate