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There is not space to talk about it here in detail, but the EPBC Act also protects the environment by:

• Requiring proposals that are likely to have a significant impact on matters of national environmental significance to be assessed and approved. There are currently six matters of national environmental significance listed under the Act: wetlands of international importance; migratory birds; threatened species; nuclear actions; the marine environment; and World Heritage. If a proposal is likely to have a significant impact on any of these matters it is required to be assessed and approved by the Commonwealth.

• Protecting animals, plants and ecological communities. The EPBC Act makes it illegal to:

¤ kill, injure or take a threatened species on Commonwealth land without a permit,

Sea canyon, Jervis Bay
Photo: Rob Jung

¤ kill, injure or take listed migratory species on Commonwealth land without a permit, and

¤ kill, injure or take a cetacean, such as a whale or dolphin, in any waters except the coastal waters of a State, without a permit.

The protection for threatened species and the requirement for assessment and approval are in addition to State laws that deal with threatened species and development consents.

There are five different types of protected Commonwealth areas: world heritage properties, Ramsar wetlands, Commonwealth reserves, biosphere reserves, and conservation zones. The three main types of protected area are looked at below.

There are four world heritage properties in New South Wales: Lord Howe Island, Central Eastern Rainforests, Blue Mountains and Willandra Lakes region.

Any action that is likely to significantly affect the world heritage values of a property requires an approval and must be assessed. In addition, management plans must be prepared and implemented for world heritage properties to preserve the values for which they have been listed. Commonwealth agencies must use all reasonable steps to perform their functions in line with these management plans and world heritage management principles.

Ramsar is the city in Iran where the Convention on Wetlands of International Importance was signed in 1971. There are eight Ramsar wetlands in New South Wales: Gwydir Wetlands, Kooragang, Lake Pinaroo, Little Llangothlin Lagoon, Macquarie Marshes, Myall Lakes, Narran Lake Nature Reserve and Towra Point.

Any action that is likely to significantly affect the ecological character of a Ramsar site requires an approval and must be assessed. In addition, the Minister must prepare a management plan that is consistent with both Australia’s obligations under the Ramsar Convention and the management principles set out in the EPBC Act. Commonwealth agencies must use all reasonable steps to perform their functions in line with these management plans and Ramsar management principles.

Unlike national parks, both Ramsar wetlands and world heritage properties can be declared over land that is not owned by the Commonwealth. For example, the Macquarie Marshes Ramsar site is private land. For Ramsar sites and world heritage properties that are not entirely Commonwealth-owned lands, the Commonwealth must try to prepare and implement

Commonwealth reserves can be declared over areas of land or sea that the Commonwealth owns or leases, or are in a Commonwealth marine area (beyond the State limit of three nautical miles). When a new Commonwealth reserve is created, it must be assigned to a category such as: strict nature reserve, wilderness area, national park, or managed resource protected area.

The activities that can occur in a reserve depend upon the type of reserve and whether a management plan is in place for the reserve. The activities that may be controlled include killing or taking a member of a native species, mining and development of the reserve.

Examples of Commonwealth reserves include Booderee National Park (formerly Jervis Bay National Park) and Lord Howe Island Marine Park.

There are numerous ways you can help protect the environment using the EPBC Act. For example:

• nominate and lobby for an area to be included as a world heritage property, Ramsar wetland or Commonwealth reserve,

• obtain the management plan for the area that you are interested in and make suggestions to improve it,

• make submissions to Environment Australia on any developments that are likely to have a significant effect on a world heritage area or a Ramsar site; if the development has not been referred to the Commonwealth, lobby the developer to have them refer it to the Commonwealth.

If you think the EPBC Act is being breached contact the Environmental Defender’s Office (EDO) for further legal advice.

• The Environmental Defender’s Office is currently producing Greening a Sunburnt Country: A guide to Commonwealth environmental laws. This is a self-help book on community participation under the EPBC Act. It will be available later in the year. To register interest in obtaining a copy of Greening a Sunburnt Country, contact the NSW EDO on 02 9262 6989.

• The EDO has also produced Fact Sheets on various subjects. This includes a fact sheet on the EPBC Act, which is available free at www.edo.org.au/edonsw/publications/factsh/factsheet2a.htm

If you think the EPBC Act is being breached, the EDO can provide you with preliminary legal advice and in some circumstances may be able to assist you with running a case.

• The World Wide Fund for Nature and the Humane Society International have a great deal of information available at: www.hsi.org.au/epbcunit.htm

• Information is available from Environment Australia’s Community Information Unit on 1800 803 772 or at:
www.erin.gov.au/epbc/publications/factsheets.html

Tim Holden
Acting Policy Director with the NSW Environmental Defender’s Office,
and an NPA Executive member.