OVERVIEW AND REVIEW OF THE COMMONWEALTH ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999

Abstract

This paper provides a brief overview of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) and discusses the operational performance of the Act in the first 18 months.

The introduction of the Act on 16 July 2000 has created a new environmental assessment and approval regime at the Commonwealth level. Proposals are no longer referred for assessment on the basis of government decisions, but on the basis of the potential for a proposal to impact upon a matter of National Environmental Significance (NES). An analysis of projects that have been referred, assessed and approved provides a useful guide to the types of activities, and the circumstances under which proposals are captured by the Act. This exercise is particularly valuable for the oil and gas sector.

With a significant proportion of referrals received being generated by the petroleum industry, many issues with the administration of the Act have been identified. Environment Australia has undertaken a number of initiatives to address these concerns. Examples include involvement in the Strategic Assessment being conducted by the Department of Industry Tourism and Resources (DITR), a review of the Referral form and an undertaking to provide a more industry-specific form, and regular, high level meetings between Environment Australia, the DITR and APPEA to facilitate and streamline the working arrangements between parties.

The paper also identifies areas where industry can work closely with the Commonwealth Government in new ways to achieve a balance between environmental protection and the continued development of the oil and gas industry.