Environment Protection and Biodiversity Conservation Act 1999

Subject to subsection (2), this Act commences on a day to be fixed by Proclamation.

If this Act does not commence under subsection (1) within the period of 12 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period.

The objects of this Act are:

to provide for the protection of the environment, especially those aspects of the environment that are matters of national environmental significance; and

to promote ecologically sustainable development through the conservation and ecologically sustainable use of natural resources; and

to promote the conservation of biodiversity; and

to provide for the protection and conservation of heritage; and

to promote a co‑operative approach to the protection and management of the environment involving governments, the community, land‑holders and indigenous peoples; and

to assist in the co‑operative implementation of Australia’s international environmental responsibilities; and

to recognise the role of indigenous people in the conservation and ecologically sustainable use of Australia’s biodiversity; and

to promote the use of indigenous peoples’ knowledge of biodiversity with the involvement of, and in co‑operation with, the owners of the knowledge.

In order to achieve its objects, the Act:

recognises an appropriate role for the Commonwealth in relation to the environment by focussing Commonwealth involvement on matters of national environmental significance and on Commonwealth actions and Commonwealth areas; and

strengthens intergovernmental co‑operation, and minimises duplication, through bilateral agreements; and

provides for the intergovernmental accreditation of environmental assessment and approval processes; and

adopts an efficient and timely Commonwealth environmental assessment and approval process that will ensure activities that are likely to have significant impacts on the environment are properly assessed; and

enhances Australia’s capacity to ensure the conservation of its biodiversity by including provisions to:

protect native species (and in particular prevent the extinction, and promote the recovery, of threatened species) and ensure the conservation of migratory species; and

establish an Australian Whale Sanctuary to ensure the conservation of whales and other cetaceans; and

protect ecosystems by means that include the establishment and management of reserves, the recognition and protection of ecological communities and the promotion of off‑reserve conservation measures; and

identify processes that threaten all levels of biodiversity and implement plans to address these processes; and

includes provisions to enhance the protection, conservation and presentation of world heritage properties and the conservation and wise use of Ramsar wetlands of international importance; and

includes provisions to identify places for inclusion in the National Heritage List and Commonwealth Heritage List and to enhance the protection, conservation and presentation of those places; and

promotes a partnership approach to environmental protection and biodiversity conservation through:

bilateral agreements with States and Territories; and

conservation agreements with land‑holders; and

recognising and promoting indigenous peoples’ role in, and knowledge of, the conservation and ecologically sustainable use of biodiversity; and

the involvement of the community in management planning.

decision‑making processes should effectively integrate both long‑term and short‑term economic, environmental, social and equitable considerations;

if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation;

the principle of inter‑generational equity—that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations;

the conservation of biological diversity and ecological integrity should be a fundamental consideration in decision‑making;

improved valuation, pricing and incentive mechanisms should be promoted.

This Act extends to each external Territory.

This Act applies to acts, omissions, matters and things in the Australian jurisdiction, and does not apply to acts, omissions, matters and things outside the Australian jurisdiction except so far as the contrary intention appears.

A provision of this Act that has effect in relation to a place that is outside the outer limits of the exclusive economic zone and is not on or in the continental shelf applies only in relation to:

Australian nationals; and

Australian permanent residents; and

the Commonwealth; and

Commonwealth agencies; and

Australian aircraft; and

Australian vessels; and

members of crews of Australian aircraft and Australian vessels (including persons in charge of aircraft or vessels).

A provision of this Act that has effect in relation to a place that is within the outer limits of the exclusive economic zone (whether the place is in the zone or in Australia or an external Territory) or that is on or in the continental shelf applies in relation to:

all persons (including persons who are not Australian citizens); and

all aircraft (including aircraft that are not Australian aircraft); and

all vessels (including vessels that are not Australian vessels).

A reference to Australia or to an external Territory generally includes a reference to the coastal sea of Australia or the Territory (as appropriate). See section 15B of the Acts Interpretation Act 1901.

Despite subsections (2) and (4), a provision of this Act that has effect in relation to a place that is in or above the Greater Sunrise special regime area applies only in relation to:

Australian nationals who are not nationals or permanent residents of Timor‑Leste; and

Australian permanent residents who are not nationals or permanent residents of Timor‑Leste; and

the Commonwealth; and

Commonwealth agencies; and

the States; and

the self‑governing Territories; and

agencies of the States or self‑governing Territories; and

Australian aircraft; and

Australian vessels; and

members of crews of Australian aircraft and Australian vessels (including persons in charge of aircraft or vessels); and

persons, aircraft or vessels declared under subsection (4B) to be subject to the provision.

The Minister may, by notifiable instrument, declare all or any of one or more of the following to be subject to a provision of this Act, if the Minister is satisfied that Timor‑Leste has agreed to them being subject to the provision as it has effect in relation to a place that is in or above the Greater Sunrise special regime area:

nationals of a foreign country who are not nationals or permanent residents of Timor‑Leste;

aircraft with the nationality of a foreign country other than Timor‑Leste;

vessels with the nationality of a foreign country other than Timor‑Leste;

members of crews (including persons in charge) of aircraft or vessels described in paragraph (b) or (c).

Despite subsections (2), (4) and (4A), a provision of this Act that has effect in relation to a place that is in or above the Greater Sunrise special regime area does not apply in relation to an act, omission, matter or thing that relates to any of the Petroleum Activities within the meaning of the Treaty between Australia and the Democratic Republic of Timor‑Leste Establishing their Maritime Boundaries in the Timor Sea done at New York on 6 March 2018, as in force from time to time.

The Treaty could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

Subsection 13AB(1) of the Seas and Submerged Lands Act 1973 does not affect the application of a provision of this Act.

Subsection 13AB(1) of the Seas and Submerged Lands Act 1973 provides that a law of the Commonwealth does not apply in relation to an act, omission, matter or thing directly or indirectly connected with the exploration of, or exploitation of the natural resources of, the continental shelf in the Greater Sunrise special regime area.

In this Act:

an aircraft that is owned, possessed or controlled by:

the Commonwealth or a Commonwealth agency; or

a State, a self‑governing Territory or an agency of a State or self‑governing Territory; or

an aircraft that is registered in Australia.

Australia; or

an external Territory; or

the exclusive economic zone; or

the continental shelf.

A reference to Australia or to an external Territory generally includes a reference to the coastal sea of Australia or the Territory (as appropriate). See section 15B of the Acts Interpretation Act 1901.

an Australian citizen; or

a corporation incorporated in Australia or an external Territory.

is not an Australian citizen; and

holds a permanent visa under the Migration Act 1958; and

is domiciled in Australia or an external Territory.

a vessel that is owned, possessed or controlled by:

the Commonwealth or a Commonwealth agency; or

a State, a self‑governing Territory or an agency of a State or self‑governing Territory; or

a vessel that is registered in Australia; or

a vessel that is flying the Australian flag.

a citizen of the country; or

a corporation incorporated in the country.

This section applies if:

under the Fisheries Management Act 1991, a plan of management in force under that Act applies to particular fishing activities in a particular area of water; and

the area of water is not within, or is not wholly within:

the Australian jurisdiction; or

a Commonwealth area; or

a Commonwealth marine area; and

the area of water is not:

an area of water, rights in respect of which have been vested in a State by section 4 of the Coastal Waters (State Title) Act 1980 or in the Northern Territory by section 4 of the Coastal Waters (Northern Territory Title) Act 1980; or

an area of water within the limits of a State or the Northern Territory.

If, apart from this subsection, a provision of this Act would, or would not, apply in relation to the fishing activities (or in relation to fish or other things taken in the course of the activities) because the area of water mentioned in subsection (1) is not within, or is not wholly within:

the Australian jurisdiction; or

a Commonwealth area; or

a Commonwealth marine area;

the Australian jurisdiction; or

a Commonwealth area; or

a Commonwealth marine area;

This section is subject to subsection 5(3).

Fishing activities in an area of water that is not a Commonwealth area generally do not contravene Part 13. However, because of this subsection, that Part applies to fishing activities to which this section applies as if the area of water were within a Commonwealth area. The fishing activities may therefore contravene that Part.

If fish taken in the course of fishing activities in an area of water that is not within the Australian jurisdiction are brought into Australia, this generally constitutes an import (being an import by way of introduction from the sea) of the fish into Australia, which may contravene Part 13A. However, because of this subsection, that Part applies to the fish as if the area of water were within the Australian jurisdiction. The bringing of the fish into Australia therefore does not constitute an import for the purposes of that Part.

This section allows a plan of management to be accredited under Part 13 in respect of the entire area of water to which the plan relates (even if some of the area is outside the Australian jurisdiction, a Commonwealth area or a Commonwealth marine area).

In this section:

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Part 2.5 of the Criminal Code (which deals with corporate criminal responsibility) is excluded from applying to offences against this Act by subsection 498B(9).

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.

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.

This Act does not affect the operation of:

the Aboriginal Land Rights (Northern Territory) Act 1976; or

the Native Title Act 1993.

Subsection 70(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 does not prevent a person exercising powers or performing functions or duties under Division 4 or 5 of Part 15, or Division 5 of Part 19, of this Act from entering or remaining on land:

in the Kakadu region or Uluru region; and

in which an Aboriginal Land Trust established under that Act holds an estate in fee simple.

This Act does not affect the operation of the Airports Act 1996.

To avoid doubt, nothing in this Act affects the operation of subsection 7(1) of the Antarctic Treaty (Environment Protection) Act 1980 or regulations made for the purposes of that subsection.

a bilateral agreement between the Commonwealth and the State or Territory in which the action is taken;

a declaration by the Minister.