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55-518: International Associated acts The Environment Protection and Biodiversity Conservation Act 1999 (Cth) 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 2000, it established a range of processes to help protect and promote

110-475: A consultative process which would include state Indigenous and environment ministers. On 14 August 2020, Andrew Barr , Chief Minister of the ACT , said that the legislation needed to be modernised to address climate change , which is not even mentioned in the current Act. Act of Parliament A draft act of parliament is known as a bill . In other words, a bill is a proposed law that needs to be discussed in

165-629: A number of treaties including: Bilateral agreements concerning migratory bird conservation include: The Environment Protection and Biodiversity Conservation Amendment (Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development) Act 2012 , assented to in October 2012, amended the Act to require that the "Minister must obtain advice from Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development". Significant impacts on MNES trigger assessment under

220-423: A process whereby responsibility for environmental approvals could be devolved to state governments, intending to put agreements before parliament in late August 2020, before the release of the final report, due in October. Environmental groups said it would be better to await the final report before cementing the approvals processes. Ley said the government would improve protection of Indigenous heritage, starting with

275-469: A set of interim standards initially, in consultation with state governments and all other stakeholders, and also a process whereby traditional knowledge of country by Indigenous Australians can be better integrated into decision-making. The Minister for the Environment , Sussan Ley , said the government would immediately commit to developing national standards. She also indicated that it would start

330-661: A stronger law and an independent regulator. He also pointed out that "in the 20 years the laws have been in operation, threatened species habitat greater in size than Tasmania has been logged and cleared". A statutory independent review led by Professor Graeme Samuel AC and supported by an expert panel commenced on 29 October 2019 and is due to run for a year. Submissions from the public closed in April 2020. The expert panel consists of Bruce Martin, Erika Smyth and Wendy Craik . The interim report, released in July 2020, concluded that

385-517: Is as of September 2024 administered by the Department of Climate Change, Energy, the Environment and Water . As of 2020, the Act identifies nine Matters of National Environmental Significance (MNES): The list must be reviewed every five years, and the government can add new matters to this list by regulation. "If a proposed action is likely to have a significant impact on any of the areas, it may require Commonwealth approval before it can begin. It

440-426: Is illegal to undertake such an action without that Commonwealth approval." The Matters of National Environmental Significance: Significant impact guidelines 1.1 "provide overarching guidance on determining whether an action is likely to have a significant impact on a matter protected under national environment law". Lists of threatened species, such as threatened fauna , are drawn up under the Act and these lists are

495-581: Is indeed constitutionally valid and that it is making an important contribution to Australian environmental law, and its gains should be retained if and when any reforms are made. A review of the Act and actions taken under the Act was published by the Australian National Audit Office (ANAO) in March 2007, entitled "The Conservation and Protection of National Threatened Species and Ecological Communities". The audit widely criticised

550-452: Is known as a private member's bill . In territories with a multicameral parliament, most bills may be first introduced in any chamber. However, certain types of legislation are required, either by constitutional convention or by law, to be introduced into a specific chamber. For example, bills imposing a tax , or involving public expenditure , are introduced into the House of Commons in

605-448: Is passed by Parliament it becomes an act and part of statute law. There are two types of bill and act, public and private . Public acts apply to the whole of the UK or a number of its constituent countries – England, Scotland, Wales and Northern Ireland. Private acts are local and personal in their effect, giving special powers to bodies such as local authorities or making exceptions to

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660-769: The Australian Conservation Foundation is taking the Morrison government to court for failing to apply the water trigger when it assessed Adani 's North Galilee Water Scheme, part of its essential infrastructure for the proposed Carmichael coal mine . On 27 August 2020, the Minister for the Environment, Sussan Ley , introduced the Environment Protection and Biodiversity Conservation Amendment (Streamlining Environmental Approvals) Bill 2020 (Cth) (EPBC Amendment Bill), which for

715-492: The Department of the Environment and Water Resources for inaction with respect to the EPBC; key findings of the audit include: Australian Greens leader Bob Brown said the audit showed that the government had not provided enough funding to properly protect Australia's endangered species of flora, fauna and ecological communities. He said that there were no plans to save three out of four threatened species. On 31 October 2008

770-593: The Minister for the Environment, Heritage and the Arts commissioned the first 10-year statutory independent review of the Act . The review was led by Dr Allan Hawke , supported by an expert panel. The aim of the report was to review the performance of the Act and, consistent with the objective of protecting the environment and biological diversity and maintain ecological processes, to recommend reforms that: The "Final Report"

825-729: The National Parks and Wildlife Conservation Act 1975 , after this legislation was repealed by the Environmental Reform (Consequential Provisions) Act 1999 . The Environmental Reform Act also repealed four other acts: Environment Protection (Impact of Proposals) Act 1974 ; Endangered Species Protection Act 1992 ; World Heritage Properties Conservation Act 1983 ; and the Whale Protection Act 1980 . This Act also made consequential changes to other legislation, and various administrative arrangements, required by

880-407: The Parliament of England did not originally have titles, and could only be formally cited by reference to the parliamentary session in which they were passed, with each individual act being identified by year and chapter number. Descriptive titles began to be added to the enrolled acts by the official clerks, as a reference aid; over time, titles came to be included within the text of each bill. Since

935-646: The Parliament of India , every bill passes through following stages before it becomes an Act of Parliament of India : In the Irish Parliament, the Oireachtas , bills pass through the following stages. Bills may be initiated in either the Dáil or the Seanad, and must pass both houses. In New Zealand, the bill passes through the following stages: A draft piece of legislation is called a bill ; when this

990-844: The Roper River scrub robin ( Drymodes superciliaris colcloughi ) and possibly extinct taxa like the Christmas Island shrew ( Crocidura trichura ). An online database of threatened mammals launched on 22 April 2020 reported that there had been a decline of more than a third of threatened mammal numbers in the past 20 years, but the data also show that targeted conservation efforts are working. The Threatened Mammal Index "contains population trends for 57 of Australia's threatened or near-threatened terrestrial and marine mammal species". A study published in Biological Conservation in March 2023 listed 23 species which

1045-507: The head of state . In some countries, such as in France, Belgium, Luxembourg , Spain and Portugal, the term for a bill differs depending on whether it is initiated by the government (when it is known as a "draft"), or by the parliament (a "proposition", i.e., a private member's bill). In Australia, the bill passes through the following stages: In Canada, the bill passes through the following stages: The committee considers each clause of

1100-870: The 43rd act passed in 1980 would be 1980 chapter 43. The full reference includes the (short) title and would be the Magistrate's Court Act 1980 (c. 43). Until the 1980s, acts of the Australian state of Victoria were numbered in a continuous sequence from 1857; thus the Age of Majority Act 1977 was No. 9075 of 1977. Threatened fauna of Australia International Associated acts Threatened fauna of Australia are those species and subspecies of birds , fish , frogs , insects , mammals , molluscs , crustaceans , and reptiles to be found in Australia that are in danger of becoming extinct . This article lists species classified as threatened species under

1155-407: The Act as implemented was achieving its objective of safeguarding Australia's biodiversity with regard to regulating loss of habitat for threatened species and ecological communities between 2000 and 2017. It showed that since the Act came into force in 2000, over 7,700,000 hectares (19,000,000 acres) of potential habitat and communities had been cleared. Of this clearing, over 93% was not referred to

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1210-632: The Act by the Department of Agriculture, Water and the Environment (DAWE) was ineffective, disproportionate to environmental risk, errors have occurred, procedural protocols have not been followed, and the Department is "not well positioned to measure its contribution to the objectives of the Act". The Auditor-General made eight recommendations to the Department. ANAO found that the Department did not have adequate performance measures in place; that administration had been poorly handled and that conflicts of interests were not well-managed. DAWE responded to

1265-471: The Act is ineffective at protecting potential habitat for terrestrial threatened species, terrestrial migratory species, or threatened ecological communities. The 2020 audit was the sixth audit of referrals, assessments and approvals under the Act. Published and tabled in Parliament on 25 June 2020, the report found that the administration of referrals, assessments and approvals of controlled actions under

1320-507: The Act. A new assessment trigger was added to the Act in mid-2013, via the Environment Protection and Biodiversity Conservation Amendment Act 2013 . The amendment relates to significant impacts on water resources , for example where actions by a large coal mining development, in particular coal seam gas may adversely affect groundwater in the area. The amendment was introduced by Tony Windsor , an independent Member of Parliament (MP). This became known as "water trigger". As of March 2020,

1375-647: 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 1999 replaced

1430-740: The Australian federal EPBC Act. The classifications are based on those used by the World Conservation Union (IUCN); however, IUCN and Australian rankings do differ. Each state and territory also has its own legislation relating to environmental protection. Environment Protection and Biodiversity Conservation Act 1999 (Cth) and Regulations set up a framework for protection of the Australian environment, including its biodiversity and its natural and culturally significant places. Threatened species in Australia are protected by, or affected by, four main types of legislation: One fish

1485-498: The Bill and expressed concerns about the delegation of Commonwealth environmental approval powers. Two different types of bilateral agreements ("assessment" and "approval") with each state and territory provided for the approvals process, depending on differing requirements, to result in either two approval decisions and two sets of conditions, or only one decision, which includes conditions (if appropriate), being made. The Act established

1540-634: The Centre for Biodiversity and Conservation Science at the School at the University of Queensland was published in September 2019 as a "quantitative assessment on the effectiveness of the Act in regulating the loss of habitat for terrestrial threatened species, threatened ecological communities, or terrestrial migratory species", as there had been little quantitative study in this area. It looked at whether

1595-662: The Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Based on the list of Australian animals extinct in the Holocene , about 33 mammals (27 from the mainland, including the thylacine ), 24 birds (three from the mainland), one reptile , and three frog species or subspecies are strongly believed to have become extinct in Australia during the Holocene epoch. These figures exclude dubious taxa like

1650-504: The Federal Government for assessment, meaning the loss was not scrutinised under the Act. While 1,390 (84%) species suffered loss, Mount Cooper striped skink , Keighery's macarthuria , and Southern black-throated finch lost 25, 23, and 10% of potential habitat, respectively. Iconic Australian species such as the koala , also lost about 1,000,000 hectares (2,500,000 acres) (2.3%) of potential habitat. This analysis showed that

1705-563: The House of Commons, or S- if they originate in the Senate. For example, Bill C-250 was a private member's bill introduced in the House. Bills C-1 and S-1 are pro forma bills, and are introduced at the beginning of each session in order to assert the right of each Chamber to manage its own affairs. They are introduced and read a first time, and then are dropped from the Order Paper . In

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1760-538: The United Kingdom, Canada's House of Commons , Lok Sabha of India and Ireland's Dáil as a matter of law. Conversely, bills proposed by the Law Commission and consolidation bills traditionally start in the House of Lords . Once introduced, a bill must go through a number of stages before it can become law. In theory, this allows the bill's provisions to be debated in detail, and for amendments to

1815-483: The audit, agreeing to all eight recommendations. The Secretary of DAWE, Andrew Metcalfe , also reported that the Act was at the time undergoing an independent statutory review led by Professor Graeme Samuel AC , which was likely to result in legislative changes to the Act. James Tresize of the Australian Conservation Foundation commented that law was "fundamentally broken" and not equipped to deal with dual "extinction and climate crises", saying that Australia needs

1870-563: The authors considered to no longer meet the criteria as threatened species under the EPBC Act. The team, led by John Woinarski of Charles Darwin University , looked at all species listed as threatened under the act in 2000 and 2022. There was one fish ( Murray cod ) and one reptile ( Flinders Ranges worm-lizard ) on the list, along with fifteen mammals, eight birds, and four frogs. The list of species below includes those proclaimed under

1925-443: The bilateral agreement, and the prohibition on matters involving the "water trigger" will be removed, so that states can make their own decisions when assessing applications by large coal mines and coal seam gas projects that can impact water resources. The proposed changes do not include the promised prototype national standards. A large number of studies, audits, reviews and parliamentary inquiries have examined various aspects of

1980-512: The bill, and may make amendments to it. Significant amendments may be made at the committee stage. In some cases, whole groups of clauses are inserted or removed. However, if the Government holds a majority, almost all the amendments which are agreed to in committee will have been tabled by the Government to correct deficiencies in the bill or to enact changes to policy made since the bill was introduced (or, in some cases, to import material which

2035-742: The clause stand part of the bill are made. In the Report stage, the debate is on the motions for specific amendments. Once a bill has passed both Houses in an identical form, it is presented to the Governor General , who gives it royal assent . Although the Governor General can refuse to assent a bill, this power has never been exercised. Bills being reviewed by Parliament are assigned numbers: 2 to 200 for government bills, 201 to 1000 for private member's bills , and 1001 up for private bills . They are preceded by C- if they originate in

2090-589: The following: On 16 October 2013 the Environment Minister announced that the Government had approved a framework for a "one-stop shop" environmental approval process to accredit state planning systems under national environmental law, "to create a single environmental assessment and approval process for nationally protected matters". On 16 June 2014 the proposed amendments passed the House of Representatives , despite opposition from environmental campaigners and significant legal commentators who criticised

2145-690: The law in particular geographic areas. In the United Kingdom Parliament, each bill passes through the following stages: In the Scottish Parliament, bills pass through the following stages: There are special procedures for emergency bills, member's bills (similar to private member's bills in the UK Parliament), committee bills, and private bills. In Singapore, the bill passes through these certain stages before becoming into an Act of Parliament. Acts passed by

2200-486: The laws created to protect unique species and habitats are ineffective, and the "current environmental trajectory is unsustainable". Criticism of the Act included that it is too focused on process rather than on clear outcomes, and that its current ad hoc , "project-by-project" approach does not address cumulative harm. During its time in operation, "the list of threatened species and communities has increased over time and there have been very few species that have recovered to

2255-465: The legislation over the years. Section 522A of the Act requires that an independent review is conducted every 10 years, to examine its operation and the extent to which its objects have been met. A 2005 study looked specifically at threatened species recovery. In 2006 Chris McGrath examined the constitutional validity of the Act and its effectiveness at regulating non-compliance after two recent publications had called for major changes, concluding that it

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2310-499: The mid-nineteenth century, it has also become common practice for acts to have a short title , as a convenient alternative to the sometimes lengthy main titles. The Short Titles Act 1892 , and its replacement the Short Titles Act 1896 , gave short titles to many acts which previously lacked them. The numerical citation of acts has also changed over time. The original method was based on the regnal year (or years) in which

2365-534: The most part reflects reforms to the bilateral approval agreement provisions first proposed in 2014. The proposed changes would make it easier to establish bilateral approval agreements between federal and state governments, and also to make it harder to challenge the devolution process under the law (by clarifying that an action cannot be referred under Part 7 of the Act if it is covered by a bilateral approval agreement. Other changes include allowing minor changes to state and territory assessment processes without impacting

2420-453: The new scheme introduced by the Act. The Act received Royal Assent on 16 July 1999 and commenced on 16 July 2000. The Environment Protection and Biodiversity Conservation Regulations 2000 also commenced on 16 July 2000, (with 21 amendments up to the latest on 17 December 2018). The purpose of the regulations is to give effect to the provisions of the Act. The Act has had many amendments through its lifetime. Significant amendments include

2475-422: The original bill to also be introduced, debated, and agreed to. In bicameral parliaments, a bill that has been approved by the chamber into which it was introduced then sends the bill to the other chamber. Broadly speaking, each chamber must separately agree to the same version of the bill. Finally, the approved bill receives assent; in most territories this is merely a formality and is often a function exercised by

2530-446: The parliament before it can become a law. In territories with a Westminster system , most bills that have any possibility of becoming law are introduced into parliament by the government. This will usually happen following the publication of a " white paper ", setting out the issues and the way in which the proposed new law is intended to deal with them. A bill may also be introduced into parliament without formal government backing; this

2585-443: The point that they can be removed from the list". Among the changes the report proposes is a framework of legislated national environmental standards with legally enforceable rules, which would underpin all powers allocated to the states and territories. It recommends the establishment of an independent body "to monitor and enforce compliance with environmental laws". The report recommends that the federal government should start creating

2640-484: The primary reference to threatened species in Australia and 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 , which does not expressly refer to the environment. As such, key provisions of the Act are largely based on

2695-521: The recovery of threatened species and ecological communities , and preserve significant places from decline. The Act is as of September 2024 administered by the Department of Climate Change, Energy, the Environment and Water . 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

2750-415: The relevant parliamentary session met. This has been replaced in most territories by simple reference to the calendar year, with the first act passed being chapter 1, and so on. In the United Kingdom, legislation has referenced by year and chapter number since 1963 ( Acts of Parliament Numbering and Citation Act 1962 ). Each act is numbered consecutively based on the date it received royal assent, for example

2805-514: The representativeness of listed species, and the other insects and allied invertebrates, proposing a new, strategic national approach for the conservation of these animals. A The Guardian reported in March 2018 that Australia had not listed any critical habitat in the preceding 10 years, and only five areas had been registered since the introduction of the Act , although more than 1,800 species and ecological communities had been classed as threatened. A recent investigation had shown that Australia

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2860-568: The use of Environment Protection and Biodiversity Conservation Regulations, which have provided for the issuing of approvals and permits for a range of activities on Commonwealth land and land affecting the Commonwealth. For example, commercial picking of wildflowers is regulated under the Act, and cannot be undertaken without an appropriate permit. Failure to comply with the Act can result in penalties including remediation of damage, court injunctions, and criminal and civil penalties. The Act

2915-439: Was delivered to the Minister on 30 October 2009 and publicly released on 21 December 2009. In its summary, it said that public comments had been "broadly supportive" of the Act, and that the Act had brought about many important reforms, and in many respects was still regarded as world leading. However it included 71 recommendations, "summarised into a reform package revolving around a nine-point plan": In 2018, two studies looked at

2970-504: Was not ready when the bill was presented). The debate on each stage is actually debate on a specific motion. For the first reading, there is no debate. For the second reading, the motion is "That this bill be now read a second time and be referred to [name of committee]" and for third reading "That this bill be now read a third time and pass." In the Committee stage, each clause is called and motions for amendments to these clauses, or that

3025-495: Was planning to clear 3,000,000 hectares (7,400,000 acres) of native forest by 2030, much of it in Queensland . One weakness of the critical habitat register is that its offence provisions do not apply to state or private land, only to Commonwealth land. This had a big impact on the ability to name a critical habitat for the endangered Leadbeater's possum , whose habitat was mainly on state- and privately-owned land. A study by

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