Environmental Protection And Biodiversity Act 1999 Pdf

environmental protection and biodiversity act 1999 pdf

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All fisheries which export product, or interact with protected species in Commonwealth waters are assessed and accredited under the Environment Protection and Biodiversity Conservation Act cth EPBC Act. Download KiB.

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The Environment Protection and Biodiversity Conservation Act 1999 (Cth): Dark Sides of Virtue

Victoria uses a range of accredited state processes to assess controlled actions. The following projects are currently being assessed by Victoria under the bilateral agreement made under section 45 of the Environment Protection and Biodiversity Conservation Act Cth relating to environmental assessment. More information.

Heritage Victoria's website. The 'Bilateral agreement made under section 45 of the Environment Protection and Biodiversity Conservation Act Cth relating to environmental assessment' was signed by the Commonwealth and Victorian governments in October , with a commencement date of 31 December The purpose of the agreement is to avoid duplication of assessment processes, by allowing Victoria to assess proposals that the Commonwealth has determined as 'controlled actions' that are likely to have a significant impact on the environment.

The Commonwealth will still make the approval decision under the Environment Protection and Biodiversity Conservation Act EPBC Act , relying on the assessment report prepared by the relevant Victorian decision-maker. All proposals that are likely to have a substantial impact on a matter of national environmental significance MNES must still be referred to the Commonwealth under the EPBC Act, who must first decide whether the proposal is a controlled action.

The Commonwealth Minister will notify the relevant Victorian Minister of the controlled action decision who will, in turn, advise whether an accredited assessment process will apply. For a controlled action where an accredited Victorian assessment process will apply see pathways A-I listed below , information for State and Commonwealth assessment purposes can be aligned.

This can avoid duplication and reduce overall assessment timelines. The bilateral agreement replaces the previous agreement and extends the range of accredited State processes to the following nine assessment pathways:. The relevant assessment pathway depends on the type of impact, its scale and the complexity of the issues.

The key advantage of accredited assessment pathways is that the often overlapping State and Commonwealth environmental assessment requirements will be addressed together, thus avoiding duplication and providing for alignment of related outcomes. Under the bilateral, public comments must be sought on the draft CIS scope scoping directions before being issued to the proponent to guide preparation of the CIS.

The proponent then needs to assess MNES arising from the proposal through the preparation of the CIS, prior to exhibition and public review. Further information on the CIS process can be found on the Major transport projects webpage. A draft scope for the EES is advertised, seeking public comment, before the final scope for the EES is issued to the proponent and published on this website. Further information can be found on the EES process webpage. This accredited assessment process is applicable for a controlled action that also requires assessment under the Environment Effects Act through conditions set by the Minister for Planning in lieu of an EES.

When there is potential for specific significant environmental effect s , the conditions will require targeted assessment and documentation in the form of a report to be prepared by the proponent, followed by a period of exhibition with the opportunity for public comment. Following public comment, the proponent revises their Environmental Report and provides it to the Victorian Minister for Planning, to inform the Assessment Report. The Minister's Assessment Report, which includes conclusions on the MNES and other relevant matters, is then provided to the Commonwealth Minister and, in most cases, the relevant Victorian decision-maker s.

Further information can be found on the Environment Effects Act process webpage. This route could apply for a controlled action that also needs to go through a planning scheme amendment process before a use, building or works can be considered for approval under Victorian law.

If this pathway is identified as an appropriate process under the bilateral, the Minister for Planning will appoint an Advisory Committee, in consultation with the responsible authority and Planning Panels Victoria. Appointed under the Planning and Environment Act , the Advisory Committee will review the proponent's assessment of MNES, in addition to the proposed amendment to a planning scheme.

Public submissions are invited on both of these considerations. When preparing its report, the Advisory Committee needs to examine matters relating to Victorian planning considerations, as well as separate MNES requirements set out in the bilateral agreement. When a permit application is required, the proponent can undertake an assessment of MNES as is required under the EPBC Act that is aligned with the permit application process.

While the processes are aligned, the permit application itself remains as a standard process administered by the responsible authority — i. This option may be applicable for controlled actions that are a use, building or works requiring a planning permit under a planning scheme from a municipal council.

The advantage of this accredited assessment pathway is that the planning permit application and EPBC assessment processes operate in concert, helping to avoid duplicated requirements. If the complexity, scale or public interest is significant, this pathway may not be suitable, due to the potential to exceed available statutory time limits for the planning permit process. It is also not suitable for a combined planning scheme amendment and permit. Successful implementation of this new accredited assessment pathway relies on cooperation and agreement between the proponent the applicant and the municipal council to follow this pathway.

The proponent will need to assess the MNES arising from the controlled action proposal , prior to the Minister for Planning preparing and issuing the final Assessment to the Commonwealth Minister. The proponent's assessment of these matters is done in conjunction with the assessment needed to inform the planning permit application.

The intention is for the Commonwealth approval decision relating to MNES under the EPBC Act to be finalised prior to the planning permit decision, to support more coordinated and certain decision-making. There are no new requirements as such introduced for municipal councils as a result of this process, although there will be a need for additional liaison and discussion to align processes and share relevant information.

Formal timelines and assessment processes for the planning permit process will not change. This pathway applies in the limited circumstances where the Victorian Minister for Planning is the responsible authority for certain types of development and planning scheme areas, including:. When a permit application is required, the proponent can undertake an assessment of MNES that is aligned with the permit application process, which results in the Minister for Planning issuing an Assessment on the MNES to inform the approval decision under the EPBC Act, at the same time as issuing a decision on the planning permit.

This route could apply for projects that are controlled actions that also require a Works Approval under the Environment Protection Act i. If this pathway is confirmed as an appropriate process under the bilateral, the process will be administered by the Environment Protection Authority EPA , in consultation with this department. This route could apply for proposals that are controlled actions that also require one of the following under the Water Act This pathway could be a relevant accredited process when the controlled action proposal does not require an EES or Environmental Report under the Environment Effects Act and the matters being examined through the application under the Water Act overlap or correspond with the relevant MNES associated with the controlled action decision.

If this pathway is confirmed as an appropriate process under the bilateral, the process is undertaken by the Minister for Water's portfolio. Information about the Water Act and the relevant application processes can be found here. Proponents should engage early with Heritage Victoria to discuss the likelihood of undertaking an accredited process.

If accredited, the permit application and supporting documentation must include an assessment of the likely impacts on the relevant MNES. Once prepared to the satisfaction of Heritage Victoria, the application is advertised for public comment.

The proponent must then take the public comments into account to revise their application, and submit the final documentation to Heritage Victoria, who will prepare an Assessment Report for the Commonwealth Minister's consideration and determination. For further information on the bilateral agreement, contact the department's Impact Assessment Unit on 03 or environment. Skip to content Skip to navigation.

Environment assessment. Home Environment assessment Bilateral agreement. Environmental assessment bilateral agreement Learn about the bilateral agreement between the Commonwealth and Victoria for environmental assessment. Current projects being assessed under the bilateral agreement The following projects are currently being assessed by Victoria under the bilateral agreement made under section 45 of the Environment Protection and Biodiversity Conservation Act Cth relating to environmental assessment.

Avonbank Mineral Sands Project Item 2. Golden Beach Gas Project Item 2. Kentbruck Green Power Hub Item 2. Wimmera Mineral Sands Item 2. Willatook Wind Farm Item 2. Boundary Road Quarry Item 2.

Final Assessment Report provided to the Commonwealth. Final Assessment Report provided to Commonwealth. What is the bilateral agreement? What are the accredited Victorian processes?

How and when may pathways apply? Comprehensive Impact Statement Item 2. Environment Effects Statement Item 2. Environmental Report Item 2. Advisory Committee Item 2. Assessment in parallel with planning permit application Item 2. Planning permit application process Item 2. Works approval application Item 2. Water Act Item 2. Heritage permit application Item 2. More information For further information on the bilateral agreement, contact the department's Impact Assessment Unit on 03 or environment.

Environmental assessment bilateral agreement

Skip to search form Skip to main content You are currently offline. Some features of the site may not work correctly. Godden and J. Godden , J. In it was relied on by the Commonwealth Environment Minister in order to refuse a Victorian wind farm development proposal because of potential threats to the endangered orange-bellied parrot.

Fishery approvals under the EPBC Act

Show all documents Lawfare, standing and environmental discourse: a phronetic analysis The Adani Carmichael Coal Mine in the Galilee Basin of Queensland is one of the largest open cut coalmine proposals in the world. The development approval process for the mine has been deeply contentious, with opposition raised by environmental , farming and indigenous groups. Federal government approval of the mine has been successfully challenged in the Federal Court through judicial review. This led to a reconsideration and subsequent re-approval of the project, combined with the Federal Government proposing statutory changes to standing rules to restrict the capacity of civil society groups to bring judicial review actions.

The Environment Protection and Biodiversity Conservation Act EPBC Act , long title An Act relating to the protection of the environment and the conservation of biodiversity, and for related purposes , is an Act of the Parliament of Australia that provides a framework for protection of the Australian environment , including its biodiversity and its natural and culturally significant places. Enacted on 17 July , it established a range of processes to help protect and promote the recovery of threatened species and ecological communities , and preserve significant places from decline. 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 treaties. A number of reviews, audits and assessments of the Act have found the Act deeply flawed and thus not providing adequate environmental protection.

Federal Register of Legislation - Australian Government

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PDF version [ KB ]. The first is the environmental assessment regime for actions that are likely to have a significant impact on matters of national environmental significance. The second is the regime for biodiversity conservation, which includes, for example, processes for listing and managing threatened species, ecological communities and protected areas such as National and Commonwealth Heritage places and Commonwealth reserves , as well as provisions regulating wildlife trade. Under the EPBC Act , actions that have, or are likely to have, a significant impact on a matter of national environmental significance require approval from the Commonwealth Environment Minister. Existing activities do not require approval, although a substantial change such as an enlargement, expansion or intensification of that activity may require approval sections 43A and 43B.

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Submission—Independent review of the Environment Protection and Biodiversity Conservation Act 1999

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Victoria uses a range of accredited state processes to assess controlled actions.

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This is a compilation of the Environment Protection and Biodiversity. Conservation Act that shows the text of the law as amended and in force on 30 August.

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Environment Protection and Biodiversity Conservation Act Act No. 91 of as amended. Volume 1 includes: Table of Contents. Sections 1 – A.

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