Table of Contents
The Commonwealth's Role in Environmental Protection and Management
A Brief Overview of the Evolution of Commonwealth Environment Legislation
Why the Need for Reform of Commonwealth Environment Legislation?
Saving Our Natural Heritage and the Government Review Process
The COAG Process
The COAG Heads of Agreement on Roles and Responsibilities for the Environment
The Legislation Reform Process and Public Consultation
Consultation on the Reforms
The Senate Inquiry into the Bill
Delivery of Reforms Through the Bill
Related Processes
Background
Schedule 1 – Application of the Act
Schedule 2 – Endangered Species Protection Act 1992
Schedule 3 – Environment Protection (Impact of Proposals)
Act 1974
Schedule 4 – National Parks and Wildlife Conservation Act
1975
Schedule 5 – Whale Protection Act 1980
Schedule 6 – World Heritage Properties Conservation Act 1983
Schedule 7 – Other Amendments
Schedule 8 - Miscellaneous
PART 1 – GENERAL MATTERS
Overview
Philosophy of the Bill
Ministerial Discretion
Public Participation in Environmental Decision Making
Commissioner for the Environment
Duty of Care for the Environment
PART 2 – PRELIMINARY MATTERS
Chapter One
Commencement – Clause 2
Objects of the Bill – Clause 3
Crown Liability – Clause 4
Application of the Act – Clause 5
Recognition of Local Government Under the Bill
Native Title Rights
Broader Indigenous Rights and Interests
Current Legislation
Overhaul of Environmental Assessment and Approval Process
Scope of `National Environmental Significance' Triggers
Additional Matters of National Environmental Significance
Meaning of `Action'
Meaning of `Significant Impact'
Off-Site Impacts
World Heritage and Ramsar Triggers
Threatened Species Trigger
Nuclear Trigger
Cases in which Environmental Approval is not Needed
Forestry Operations in Certain Regions
Actions in the Great Barrier Reef Marine Park
Introduction
The Need for Bilateral Agreements
The Nature and Scope of Bilateral Agreements
Standards and Criteria for Accreditation
Enforcement of Bilateral Agreements
Review of Bilateral Agreements
Preferential Treatment of States
Other Accreditation Mechanisms
Decision Making Powers of the Environment Minister
Referral of Proposals to Take Action
Deciding Whether Approval of Actions is Needed
Assessing Impacts of Controlled Actions
Approval of Actions
Strategic Assessment
Rules About Timing
Overview 1
Identifying and Monitoring Biodiversity
Bioregional Plans
Threatened Species and Ecological Communities – Listing and
Nomination
Nomination (Clause 191)
Commonwealth Areas – Listing and Offences
Animal Welfare
Whales, Dolphins and Porpoises
Marine Species
Invasive Species
Recovery Plans and Threat Abatement Plans
Access to Biological Resources
Conservation Agreements
Inclusion of the National Biodiversity Strategy & the Convention
on Biological Diversity
Protected Areas (Part 15)
Administration of National Parks
Management Plans
Commonwealth Reserves
Activities in Commonwealth Reserves
Existing Uses
The Precautionary Principle and the Principles of Ecologically Sustainable
Development
Enforcement
Wardens, Rangers and Inspectors
Directed Environmental Audits
Conservation Orders
Standing
Merits Appeals
Civil Penalties
Duty to Provide Accurate Information
Liability of Corporate Officers
Remedying Environmental Damage
Committees Established Under the Bill
Research
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