Commonwealth environment protection and biodiversity conservation act 1999 pdf
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- The Environment Protection and Biodiversity Conservation Act 1999 (Cth): Dark Sides of Virtue
- Ecosystems corresponding to ecological communities
- Submission—Independent review of the Environment Protection and Biodiversity Conservation Act 1999
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.
The Environment Protection and Biodiversity Conservation Act 1999 (Cth): Dark Sides of Virtue
Victorian Aboriginal Heritage Council submission to the review. By way of context, Council is a statutory body corporate established under s of the Aboriginal Heritage Act Vic. Victorian AHA. More specifically these functions include:. In light of the statutory expertise of Council this submission to the initial phase of the Review will focus on issues relating the management and protection of Indigenous Cultural Heritage ICH within the Commonwealth environmental legislation framework.
However, the submission is also relevant to other terms of reference that require consideration of:. In putting forward this proposal Council is not suggesting that it will necessarily have unanimous support from all Traditional Owners or their organisations. It does however have broad support and, as discussed below, has been the subject of consideration for many years. It is certainly a matter the Review should turn its attention to. However, Council intends to present its submissions on these matters subsequent to the release of the substantive Review Draft Report.
Legislative responsibility for the management and protection of Indigenous Cultural Heritage ICH in Australia is currently divided between the states and territories and the Commonwealth and contained within over a dozen pieces of legislation. This fact noted, it must also be accepted that the extension of the EPBC to address heritage issues particularly through the Amendments to the EPBC has meant in this area also lies the potential for overlap with state or territory ICH legislative regimes.
As Neate also notes, 4 a Commonwealth Government discussion paper that considered the development of Commonwealth ICH legislation posed the following questions:. Should there be separate legislation dealing with the protection of Aboriginal sites of significance sacred, archaeological, historical and objects relating to land?
If a how would the Commonwealth legislation relate to existing and proposed State and Territory legislation? The State of the Environment Report noted:. Between and , 32 applications were received for emergency protection under s.
During the past 6 years, no declarations under ss. Looking further back, the Productivity Commission noted that between and there had been applications under ss 9, 10 and 12 of ATSIHPA but that at that time no declarations had been made although 25 applications were under consideration. Its ability to impact upon the behaviour of proponents and State and Territory governments may be a more accurate measure, although not capable of quantification. The possibility of incorporating ICH as a matter of national environmental significance within the EPBC has been one frequent proposal.
Of course, it was in that the Australian Heritage Commission Act Cth AHCA was repealed 9 and a heritage including Indigenous heritage protection and management system introduced into the EPBC 10 with heritage matters being introduced as a matter of national environmental significance under that Act. In addition to the Hawke Review, the views of the IAC and the Productivity Commission noted above, there are also the proposals contained in the: [Evatt] Review of the Aboriginal and Torres Strait Islander Heritage Protection Act 15 , and the August Departmental discussion paper: Indigenous Heritage Law Reform possible reforms to the legislative arrangements for protecting traditional areas and objects.
In light of this background, it is both necessary and appropriate that the current Review provide a further forum for consideration of the various proposals for the reform of Commonwealth ICH legislation and its relationship with the EPBC. The Commission views Indigenous heritage and environmental protection as separate issues. The outcomes of the proposed reforms to the Commonwealth Indigenous heritage protection laws should be considered in tandem with the outcomes of this Review, and its recommendation for the ATSIHP Act to be incorporated into the Australian Environment Act.
The Government will consult Indigenous Australians and industry on possible amendments to the Aboriginal and Torres Strait Islander Heritage Protection Act to reduce duplication in the heritage protection regimes across jurisdictions, while safeguarding decision making powers for traditional owners. This includes considering the establishment of a system to accredit appropriate state and territory Indigenous heritage protection regimes, thus reducing the potential for regulatory duplication once Commonwealth requirements and standards are met.
This incorporation would be on the basis of the accreditation of appropriate state and territory ICH legislation. Council bases this submission on the following considerations:. Rather Council is mindful of the fact that the processes of the Review to date, exacerbated by the restrictions imposed by current public health considerations, have meant that there has been inadequate opportunity for Traditional Owners nationally to meet, discuss, consider and articulate a view on this matter.
Before doing so however it is important to identify the principles upon which such a structure should be based. For these purposes it is useful and important to have to regard to international legal norms to supply a broadly agreed basis from which to derive appropriate structures. The Commonwealth Government announced its support for the declaration in Rather, it restates existing international legal obligations but framed in the specific context of Indigenous Peoples.
Articles 11, 12, 13 18, 31 and 40 are examples of this. The structure has two key elements. That authorisation may be gained in one of three ways:.
Second, effective national regulation that recognises the status of Traditional Owners, of items of movable cultural heritage, including Ancestral Remains, and the commercial exploitation of intangible ICH. The EPBC currently provides for accreditation of state and territory legislation for the purposes of assessment and approval of controlled actions.
While there are bilateral agreements with states and territories in place in relation to the assessment of controlled actions there are no such agreement in place with respect to the granting of approval for controlled actions.
This point highlights the importance of ensuring that accreditation standards for state and territory legislation in the context of ICH satisfy the expectations arising from the international legal norms referred to above. The outcomes of this project could usefully inform the further discussion of the content of the accreditation standards postulated in this submission.
Council does not hold unrealistic expectations regarding the content of the proposed standards. In the context of ICH this principle requires that the affected Indigenous Community itself should be the ultimate arbiter of the management of the ICH aspects any proposal that will affect that heritage. Application of the UNDRIP is, in a practical sense, dependent upon the ability of the affected Indigenous Peoples to act collectively and independently.
The Commonwealth ICH legislative regime should consider including mechanisms for the identification and appointment such organisations undertake this role. In areas where no PBC has been established a Native Title Representative Body may have authority to perform this role or, alternatively, to serve as the accountable Indigenous structure as discussed below.
In jurisdictions were there is not an accredited state or territory ICH legislative regime and in the areas of those jurisdictions where there is no PBC under the Native Title Act a question arises as to how to ensure the necessary level of Traditional Owner control over decisions affecting their cultural heritage.
Two potentially complementary approaches present themselves. The first, as alluded to above, is for the Commonwealth legislation to include a procedure for recognition of a Traditional Owner corporation for the purposes of ICH decision making either in its own right or through advice to the Minister. The second approach would be for the Ministerial appointment of a committee of relevant Traditional Owners to provide the necessary advice to the Minister. Of course, the challenge to be faced with both these approaches is in ensuring that whichever structure is utilized is in fact representative as far as possible of relevant Traditional Owners.
As outlined earlier, the Commonwealth currently plays some role in the management and protection of both movable and intangible Indigenous cultural heritage. Under the proposal outlined above, an accredited state or territory ICH legislative regime would provide effective protection for movable ICH within the jurisdiction. Constitutional considerations however impact upon the ability of such regimes to regulate the interstate and international transfer of movable ICH.
This matter would require effective Commonwealth regulation. Similarly, Commonwealth regulation of these issues may be necessary in jurisdictions without an accredited ICH legislative regime. Constitutional considerations arise also in the context of the management and protection of intangible ICH.
The Victorian AHA makes some provision in relation to this issue. These provisions aside, the management and protection of intangible ICH is addressed only in part in the Copyright Act The scope and effectiveness of these provisions should be expanded to bring the Australian intangible ICH management and protection regime into conformity with contemporary international standards. The details of this expansion require exploration beyond the scope of this current submission.
As it is hoped the submission has highlighted, these issues have long been recognised as requiring attention and in many respects, there has been a broad consensus around the reforms that are necessary. Council hopes the submission has crystalised that matters that need further consideration. In this vein Council also reiterates the earlier point that the processes of the Review to date, exacerbated by the restrictions imposed by current public health considerations, have meant that there has been inadequate opportunity for Traditional Owners nationally to meet, discuss, consider and articulate a view on this matter.
Council believes it is crucial that resources within the Review should be allocated to support this consultative process. Council also wishes to reiterate that in light of its particular statutory expertise it has limited this submission to the initial phase of the Review to focus on issues relating the management and protection of Indigenous Cultural Heritage ICH within the Commonwealth environmental legislation framework. The latter figure from the State of Environment Report suggests none of the applications under consideration in were approved.
This is so despite the subsequent overturning of that decision in appeal in Secretary Department of Primary Industries etc. Skip to main content. On this page:. Current situation and background Legislative responsibility for the management and protection of Indigenous Cultural Heritage ICH in Australia is currently divided between the states and territories and the Commonwealth and contained within over a dozen pieces of legislation. As Neate also notes, 4 a Commonwealth Government discussion paper that considered the development of Commonwealth ICH legislation posed the following questions: Should there be separate legislation dealing with the protection of Aboriginal sites of significance sacred, archaeological, historical and objects relating to land?
Significantly, nearly forty years later these questions remain largely unresolved. By contrast the Hawke Review at paragraph The Commonwealth Government in was somewhat more equivocal when it stated in the Our North Our Future: White Paper on Developing North Australia: 29 The Government will consult Indigenous Australians and industry on possible amendments to the Aboriginal and Torres Strait Islander Heritage Protection Act to reduce duplication in the heritage protection regimes across jurisdictions, while safeguarding decision making powers for traditional owners.
Accordingly, incorporation of ICH into the Commonwealth environment legislation would remedy the existing legislative bifurcation. Postulated structure Council submits the following structure provides a model that broadly conforms to the principles contained in UNDRIP. Accreditation of State and Territory ICH legislative regimes The EPBC currently provides for accreditation of state and territory legislation for the purposes of assessment and approval of controlled actions.
Accountable Indigenous structures in other circumstances In jurisdictions were there is not an accredited state or territory ICH legislative regime and in the areas of those jurisdictions where there is no PBC under the Native Title Act a question arises as to how to ensure the necessary level of Traditional Owner control over decisions affecting their cultural heritage. Movable and intangible Indigenous cultural heritage As outlined earlier, the Commonwealth currently plays some role in the management and protection of both movable and intangible Indigenous cultural heritage.
Productivity Commission, , above n 6 at Commonwealth Government, Canberra Commonwealth Government, Canberra, , Convention on Biological Diversity of 5 June U. At p Share this page Twitter , opens a new window Facebook , opens a new window LinkedIn , opens a new window. Was this page helpful? Yes No. Tell me your email.
Ecosystems corresponding to ecological communities
It provides a legal framework to protect and manage nationally and internationally important flora, fauna, ecological communities and heritage places. The approval includes strict conditions to manage and report on outcomes for matters of national environmental significance and the environment on Commonwealth land. On 28 August the Federal Minister for the Environment updated the conditions so they included the construction of some additional replacement facilities for the Department of Defence and Simpson Barracks. Construction of the North East Link project is expected to require the removal of up to Matted Flax-lily plants. Impacts will be managed through a salvage and translocation plan. The translocation of Matted Flax-lilies has been successful for other major projects in the local area including the South Morang Rail Extension Project and Melbourne Wholesale Markets. Each of the 50 trees expected to be removed will be replaced by two.
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. Drawing on phronetic legal enquiry methodology, this article provides a case study of the ways in which societal discourses intersect with law and political economy in shaping the ability of civil society to challenge the approval processes for major resource projects.
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. The Environment Protection and Biodiversity Conservation Act long title An Act relating to the protection of the environment and the conservation of biodiversity, and for related purposes  , also known as the EPBC Act , replaced the National Parks and Wildlife Conservation Act , after this legislation was repealed by the Environmental Reform Consequential Provisions Act
Submission—Independent review of the Environment Protection and Biodiversity Conservation Act 1999
The EPBC Act provides a legal framework to protect and manage nationally and internationally important flora, fauna, ecological communities and heritage places—defined in the EPBC Act as matters of national environmental significance. In addition, the EPBC Act confers jurisdiction over actions that have a significant impact on the environment where the actions affect, or are taken on, Commonwealth land, or are carried out by a Commonwealth agency even if that significant impact is not on one of the nine matters of 'national environmental significance'. Information about this special Commonwealth category is not included in this fact sheet. Matters of national environmental significance are important to all Australians and, given the interconnectedness of the global biosphere, internationally as well. The EPBC Act aims to balance the protection of these crucial environmental and cultural values with our society's economic and social needs by creating a legal framework and decision-making process based on the guiding principles of ecologically sustainable development.
Skip to primary navigation Skip to primary content. Environment Protection and Biodiversity Conservation Act Act No. CC Table of contents.
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Environmental assessment processes
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Он вырвался оттуда. Нужно немедленно вызвать службу безопасности. Я выключаю ТРАНСТЕКСТ! - Она потянулась к клавиатуре. - Не смей прикасаться! - Стратмор рванулся к терминалу и отдернул ее руку. Обескураженная, Сьюзан подалась .
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