Environment Protection and Biodiversity Conservation Act 1999

In this Act, unless the contrary intention appears:

accredited: see section 527G.

acquisition of property has the meaning given by subsection 519(2).

action has the meaning given by Subdivision A of Division 1 of Part 23.

action management plan, in relation to an action, means a plan for managing the impacts of the action on a matter protected by a provision of Part 3, such as a plan for conserving habitat of a species.

advisory body has the meaning given by section 510A.

agency of a State or self‑governing Territory means:

otherwise than by or under a law of the State or Territory; or

otherwise than by or under a law of the State or Territory.

aggravated offence:

aircraft means an apparatus that can derive support in the atmosphere from the reactions of the air.

alternate pathway has the meanings given by section 71A.

animal means any member, alive or dead, of the animal kingdom (other than a human being).

animal reproductive material means:

annual turnover has the meaning given by subsection 481A(3).

Antarctic has the same meaning as in the Antarctic Treaty (Environment Protection) Act 1980.

Apia Convention means the Convention on Conservation of Nature in the South Pacific, done at Apia, Western Samoa, on 12 June 1976, as amended and in force for Australia from time to time.

approval means:

approved conservation advice has the meaning given by subsection 266B(2).

approved form has the meaning given by subsection 519A(2).

article includes a substance or a mixture of substances.

artificially propagated, in relation to a plant or plant reproductive material, has the meaning given by section 527C.

assess an action includes assess the impacts that the action:

assessment report has the meaning given by subsection 130(2).

audited person has the meaning given by subsection 459(1).

auditor:

Australian aircraft has the meaning given by subsection 5(5).

Australian Biosphere reserve management principles has the meaning given by section 340.

Australian Heritage Council means the body established by the Australian Heritage Council Act 2003.

Australian IUCN reserve management principles has the meaning given by subsection 348(1).

Australian jurisdiction has the meaning given by subsection 5(5).

Australian national has the meaning given by subsection 5(5).

Australian permanent resident has the meaning given by subsection 5(5).

Australian Ramsar management principles has the meaning given by section 335.

Australian vessel has the meaning given by subsection 5(5).

Australian Whale Sanctuary has the meaning given by subsection 225(2).

Australian World Heritage management principles has the meaning given by section 323.

authorisation process means a process under which actions are authorised.

authorised officer means:

baggage has the meaning given by section 443.

benefit derived has the meaning given by subsection 481A(6).

bilateral agreement has the meaning given by subsection 45(2).

biodiversity means the variability among living organisms from all sources (including terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part) and includes:

Biodiversity Convention means the Convention on Biological Diversity done at Rio de Janeiro on 5 June 1992, as amended and in force for Australia from time to time.

biological resources includes genetic resources, organisms, parts of organisms, populations and any other biotic component of an ecosystem with actual or potential use or value for humanity.

bioregional assessment, in relation to an area, means the scientific analysis of the ecology, hydrology and geology of the area for the purpose of assessing the potential direct and indirect impacts of unconventional gas development or large coal mining development on water resources in the area, including any impacts of associated salt production and/or salinity.

bioregional plan means a bioregional plan for a bioregion as mentioned in section 176.

Biosphere reserve has the meaning given by section 337.

Board means a Board established under section 377.

Bonn Convention means the Convention on the Conservation of Migratory Species of Wild Animals done at Bonn on 23 June 1979, as amended and in force for Australia from time to time.

bred in captivity, in relation to an animal or animal reproductive material, has the meaning given by section 527B.

CAMBA means the 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 done at Canberra on 20 October 1986, as amended and in force for Australia from time to time.

CEO has the same meaning as in the National Environmental Protection Agency Act 2025.

CEO’s environment law provision has the meaning given by subsection 514YN(3).

cetacean means a member of the sub‑order Mysticeti or Odontoceti of the Order Cetacea, and includes:

CITES means the Convention on International Trade in Endangered Species of Wild Fauna and Flora done at Washington on 3 March 1973, as amended and in force for Australia from time to time.

CITES I specimen has the meaning given by subsection 303CA(2).

CITES II specimen has the meaning given by subsection 303CA(3).

CITES III specimen has the meaning given by subsection 303CA(4).

CITES specimen has the meaning given by subsection 303CA(1).

civil penalty provision has the meaning given by section 482.

coastal sea of Australia or an external Territory has the same meaning as in subsection 15B(4) of the Acts Interpretation Act 1901.

coastal waters of a State or the Northern Territory has the meaning given by section 227.

commercial fishing activity has the meaning given by subsection 390SC(1A).

commissioner means a person holding an appointment under paragraph 107(1)(a).

Commonwealth agency means:

but does not include:

Commonwealth aircraft has the meaning given by section 403.

Commonwealth area has the meaning given by section 525.

Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.

Commonwealth Heritage criteria has the meaning given by subsection 341D(1).

Commonwealth Heritage List means the list referred to in section 341C.

Commonwealth Heritage management principles has the meaning given by section 341Y.

Commonwealth Heritage place has the meaning given by subsection 341C(3).

Commonwealth Heritage value has the meaning given by section 341D.

Commonwealth land has the meaning given by section 27.

Commonwealth marine area has the meaning given by section 24.

Commonwealth reserve means a reserve declared under Division 4 of Part 15.

Commonwealth ship has the meaning given by section 403.

compliance audit has the meaning given by section 462.

components of biodiversity has the meaning given by subsection 171(3).

conservation agreement means an agreement made under section 305.

conservation dependent: a native species may be included in the conservation dependent category of the list of threatened native species in accordance with Subdivision A of Division 1 of Part 13.

conservation dependent species means a listed threatened species that is included in the conservation dependent category of the list referred to in section 178.

conservation order means an order made under section 464 (with variations (if any) under section 466 or 469).

conservation zone means a Commonwealth area that is declared to be a conservation zone under Division 5 of Part 15.

constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.

continental shelf means:

continuation of a use of land, sea or seabed has the meaning given by section 43B.

continuing section 158 exemption means an exemption granted under section 158 (as in force immediately before the commencement of item 292 of Schedule 1 to the Environment Protection Reform Act 2025).

continuing section 303A exemption means an exemption granted under section 303A (as in force immediately before the commencement of item 433 of Schedule 1 to the Environment Protection Reform Act 2025).

control: a Commonwealth agency controls a place only if the agency has rights (whether arising under a law, lease, licence or otherwise) to:

controlled action has the meaning given by section 67.

controlling provision has the meaning given by section 67.

convict a person of an offence has a meaning affected by section 527.

copy, when used in relation to a warrant issued under section 409 or 416 (or a form of warrant completed under subsection 409A(6) or 416(6)), includes:

country includes a place that is a territory, dependency or colony (however described) of a foreign country.

critical habitat has the meaning given by subsection 207A(4).

critically endangered:

daily newspaper means a newspaper that is ordinarily published on each day that is a business day in the place where the newspaper is published, whether or not the newspaper is ordinarily published on other days.

declaration affected person has the meaning given by subsection 390SE(3).

declared commercial fishing activity has the meaning given by subsection 390SC(1).

declared Ramsar wetland has the meaning given by section 17.

declared State or Territory means a State or self‑governing Territory that is declared by the Minister under section 505E.

declared World Heritage property has the meaning given by section 13.

designated environmental instrument means:

designated international agreement means:

designated proponent of an action means the person designated under Division 2 of Part 7 as the proponent of the action.

detriment avoided has the meaning given by subsection 481A(7).

directed environmental audit has the meaning given by subsection 458(1).

Director means the Director of National Parks referred to in section 514A.

Director of Biosecurity has the same meaning as in the Biosecurity Act 2015.

dory means:

ecological character has the meaning given by subsection 16(3).

ecological community means the extent in nature in the Australian jurisdiction of an assemblage of native species that:

ecologically sustainable use of natural resources means use of the natural resources within their capacity to sustain natural processes while maintaining the life‑support systems of nature and ensuring that the benefit of the use to the present generation does not diminish the potential to meet the needs and aspirations of future generations.

ecosystem means a dynamic complex of plant, animal and micro‑organism communities and their non‑living environment interacting as a functional unit.

eligible seizable item means anything that would present a danger to a person or that could be used to assist a person to escape from lawful custody.

endangered:

entrusted person has the meaning given by subsection 515B(3).

environment includes:

environmental authorisation has the meaning given by section 43A.

environmental authority means:

environmental exemption means:

environmental law means:

environmental order means:

environmental penalty provision means:

environment law provision has the meaning given by subsection 514YM(3).

environment protection order has the meaning given by subsection 474A(1).

evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.

evidential material has the meaning given by subsection 406(2).

exclusive economic zone means the exclusive economic zone (as defined in the Seas and Submerged Lands Act 1973) of Australia (including its external Territories).

executing officer, in relation to a warrant, means:

executive officer of a body corporate has the meaning given by section 493.

extinct: a native species may be included in the extinct category of the list of threatened native species in accordance with Subdivision A of Division 1 of Part 13.

extinct in the wild: a native species may be included in the extinct in the wild category of the list of threatened native species in accordance with Subdivision A of Division 1 of Part 13.

Federal Court means the Federal Court of Australia.

Federal Register of Legislation means the Federal Register of Legislation established under the Legislation Act 2003.

fish has the same meaning as in the Fisheries Management Act 1991.

Fisheries Minister means the Minister administering the Fisheries Management Act 1991.

fishing has the same meaning as in the Fisheries Management Act 1991.

fishing activity has the meaning given by subsection 390SC(2).

fishing concession has the same meaning as in the Fisheries Management Act 1991.

foreign whaling vessel has the meaning given by subsection 236(5).

frisk search has the meaning given by subsection 413(3).

genetic resources means any material of plant, animal, microbial or other origin that contains functional units of heredity and that has actual or potential value for humanity.

goods has the meaning given by section 443.

Great Barrier Reef Marine Park means the Great Barrier Reef Marine Park established under the Great Barrier Reef Marine Park Act 1975.

Great Barrier Reef Marine Park Authority means the Great Barrier Reef Marine Park Authority established by the Great Barrier Reef Marine Park Act 1975.

Greater Sunrise special regime area has the meaning given by subsection 5(5).

greenhouse gas has the same meaning as in the National Greenhouse and Energy Reporting Act 2007.

greenhouse gas emissions information has the meaning given by subsection 84A(2).

habitat means the biophysical medium or media:

heritage value of a place includes the place’s natural and cultural environment having aesthetic, historic, scientific or social significance, or other significance, for current and future generations of Australians.

holder means:

impact has the meaning given by section 527E.

important cetacean habitat area means an area declared, by a declaration in force under subsection 228A(1), to be an important cetacean habitat area.

Independent Expert Scientific Committee on Unconventional Gas Development and Large Coal Mining Development means the Committee established by section 505C.

Indigenous Advisory Committee means the Committee established by section 505A.

indigenous heritage value of a place means a heritage value of the place that is of significance to indigenous persons in accordance with their practices, observances, customs, traditions, beliefs or history.

indigenous people’s land has the meaning given by subsection 363(3).

indigenous person has the meaning given by subsection 363(4).

indigenous tradition has the meaning given by section 201.

inspector means:

interested person has the meaning given by section 475.

interfere with a cetacean has the meaning given by subsection 229B(4).

irreplaceable: habitat is irreplaceable for a species or ecological community if, whether biologically, physically or technically, it is impossible to reverse damage to the habitat, or impossible to restore, recreate or replace the habitat:

IUCN category has the meaning given by subsection 346(1).

JAMBA means the 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 done at Tokyo on 6 February 1974, as amended and in force for Australia from time to time.

jointly managed reserve has the meaning given by subsection 363(5).

Kakadu National Park has the meaning given by subsection 387(3).

Kakadu region has the meaning given by subsection 386(1).

keep a cetacean or member of a listed threatened species, listed migratory species, listed marine species or listed threatened ecological community means:

key threatening process means a threatening process included in the list referred to in section 183.

land has the meaning given by subsection 345(2).

land council for indigenous people’s land has the meaning given by subsection 363(2).

large coal mining development means any coal mining activity that has, or is likely to have, a significant impact on water resources (including any impacts of associated salt production and/or salinity):

large‑scale disposal facility for radioactive waste has a meaning affected by subsection 22(2).

list includes a list containing no items.

listed marine species means a marine species included in the list referred to in section 248.

listed migratory species means a migratory species included in the list referred to in section 209.

listed threatened ecological community means an ecological community included in the list referred to in section 181.

listed threatened species means a native species included in the list referred to in section 178.

List of Overseas Places of Historic Significance to Australia means the record referred to in section 390K.

live animal includes animal reproductive material.

live plant includes plant reproductive material.

longfin mako shark means the listed migratory species with the common name longfin mako shark and the scientific name Isurus paucus.

magistrate means a magistrate who is remunerated by salary or otherwise, and includes a Judge, or acting Judge, of the Local Court of New South Wales or of the Local Court of the Northern Territory.

management arrangement includes:

management or authorisation framework means:

marine park order means any of the following, within the meaning of the Great Barrier Reef Marine Park Act 1975:

marine park permission means a permission granted under regulations made under the Great Barrier Reef Marine Park Act 1975.

master of a foreign whaling vessel has the meaning given by subsection 236(5).

matter protected by a provision of Part 3 has the meaning given by section 34.

member includes:

migration zone has the same meaning as in the Migration Act 1958.

migratory species has the meaning given by subsection 209(8).

mineral has the meaning given by subsection 355(3).

mining operations has the meaning given by subsection 355(2).

monitoring power relating to premises has the meaning given by section 407.

monitoring warrant has the meaning given by section 409.

national of a foreign country has the meaning given by subsection 5(5).

national environmental standard means a national environmental standard made under subsection 514YD(1).

National Heritage criteria has the meaning given by subsection 324D(1).

National Heritage List means the list referred to in section 324C.

National Heritage management principles has the meaning given by section 324Y.

National Heritage place has the meaning given by subsection 324C(3).

National Heritage value has the meaning given by section 324D.

national interest exemption has the meaning given by subsection 157H(1).

native amphibian means an amphibian of a native species.

native animal means an animal of a native species.

native bird means a bird of a native species.

native mammal means a mammal of a native species.

native plant means a plant of a native species.

native reptile means a reptile of a native species.

native species means a species:

NEPA has the same meaning as in the National Environmental Protection Agency Act 2025.

NOPSEMA means the National Offshore Petroleum Safety and Environmental Management Authority.

NOPSEMA management or authorisation framework has the meaning given by subsection 36G(2).

nuclear action has the meaning given by subsection 22(1).

nuclear installation has the meaning given by subsection 22(1).

occupier of premises means the person apparently in charge of the premises.

officer assisting, in relation to a warrant, means:

officer of Customs has the same meaning as it has in the Customs Act 1901.

ordinary search has the meaning given in subsection 414(3).

organism includes:

Part 13 exemption has the meaning given by subsection 302A(1).

passes the net gain test:

place includes:

plant means a member, alive or dead, of the plant kingdom or of the fungus kingdom, and includes a part of a plant and plant reproductive material.

plant reproductive material means:

population of a species or ecological community means an occurrence of the species or community in a particular area.

porbeagle shark means the listed migratory species with the common name porbeagle shark and the scientific name Lamna nasus.

precautionary principle has the meaning given by subsection 391(2).

premises includes a place, vehicle, vessel and aircraft.

prescribed waters means waters in respect of which regulations made for the purposes of section 226 are in force.

primary commercial fishing vessel means:

principles of ecologically sustainable development has a meaning affected by section 3A.

progeny includes:

To avoid doubt, a reference in this Act to progeny of an animal or a plant includes a reference to any descendant of that animal or plant.

protected information has the meaning given by subsection 515B(2).

protection statement: see 298A(1).

radioactive waste has the meaning given by subsection 22(1).

Ramsar Convention means the Convention on Wetlands of International Importance especially as Waterfowl Habitat done at Ramsar, Iran, on 2 February 1971, as amended and in force for Australia from time to time.

range of a species means the area where members of the species live, feed, breed or visit periodically or regularly.

ranger means a person holding an appointment as a ranger under Part 17.

recovery plan means a plan made or adopted under section 269A.

registered auditor means an individual who is registered in the register of auditors kept under section 462G.

registered critical habitat has the meaning given by subsection 207A(1AA).

regulated live specimen has the meaning given by section 303EA.

regulated native specimen has the meaning given by section 303DA.

relevant impacts of an action has the meaning given by section 82.

relevant information has the meaning given by subsection 515B(1).

relevant person for a compliance audit has the meaning given by section 462C.

remediation determination means a determination, as in force from time to time, made under section 480D.

remediation order means an order, as in force from time to time, made under section 480A.

reprocessing has the meaning given by subsection 22(1).

residual significant impact:

responsible person for a policy, plan or program means the person responsible from time to time for the adoption or implementation of the policy, plan or program.

ROKAMBA means the Agreement with the Government of the Republic of Korea on the Protection of Migratory Birds done at Canberra on 6 December 2006.

Scientific Committee means the Threatened Species Scientific Committee established by section 502.

scope 1 greenhouse gas emission has the meaning given by subsection 84A(3).

scope 2 greenhouse gas emission has the meaning given by subsection 84A(4).

seabed has the meaning given by subsection 345(2).

Secretary means the Secretary of the Department that:

seized has a meaning affected by section 406B.

self‑governing Territory means:

seriously impair has the meaning given by section 527H.

shortfin mako shark means the listed migratory species with the common name shortfin mako shark and the scientific name Isurus oxyrinchus.

species means a group of biological entities that:

and includes:

In this definition, the purposes of Part 13A do not include determining the meaning of the expression listed threatened species when used in Part 13A.

specific environmental authorisation has the meaning given by section 43A.

specimen has the meaning given by section 527A.

spent nuclear fuel has the meaning given by subsection 22(1).

staff of NEPA means the staff of NEPA referred to in section 53 of the National Environmental Protection Agency Act 2025.

statement of expectations: see subsection 510B(1).

statement of intent: see subsection 510C(1).

State or Territory government body means:

subject to: a person is subject to an environmental order or a marine park order if:

subsidiary of a body corporate has a meaning affected by section 526.

sub‑species means a geographically separate population of a species, being a population that is characterised by morphological or biological differences from other populations of that species.

take, except in Part 13A, includes:

taxon means any taxonomic category (for example, a species or a genus), and includes a particular population.

terms of reference:

territorial sea means the territorial sea (as defined in the Seas and Submerged Lands Act 1973) of Australia (including its external Territories).

threat abatement plan means a plan made or adopted under section 270B.

threatening process has the meaning given by subsection 188(3).

trade:

traditional owners of indigenous people’s land has the meaning given by subsection 368(4).

treat a cetacean has the meaning given by subsection 229D(3).

Uluru‑Kata Tjuta National Park has the meaning given by subsection 344(3).

Uluru region has the meaning given by subsection 386(2).

unacceptable impacts has the meaning given by section 527F.

unconventional gas development means any activity involving unconventional gas production that has, or is likely to have, a significant impact on water resources (including any impacts of associated salt production and/or salinity):

unconventional gas production means extraction, recovery, or intentional release, (whether by drilling, hydraulic fracturing or other means) of gas from:

usage right has the meaning given by subsection 350(7).

vehicle includes a hovercraft.

vessel means a ship, boat, raft or pontoon or any other thing capable of carrying persons or goods through or on water and includes a floating structure and hovercraft.

viability of a species or ecological community means the ability of the species or ecological community to survive and recover in the wild.

vulnerable:

warden means a person holding an appointment as a warden under Part 17.

warrant premises means premises in relation to which a warrant is in force.

water resource has the same meaning as in the Water Act 2007.

wetland has the same meaning as in the Ramsar Convention.

whale watching has the meaning given by section 238.

wildlife means:

wildlife conservation plan means a plan of a kind referred to in section 285 that has been made or adopted under that section.

World Heritage Convention means the Convention for the Protection of the World Cultural and Natural Heritage done at Paris on 23 November 1972, as amended and in force for Australia from time to time.

World Heritage List means the list kept under that title under Article 11 of the World Heritage Convention.

world heritage values of a property has the meaning given by subsection 12(3).