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ARTICLE · 16 MARCH 2009

Environmental Protection And Biodiversity Conservation Act 1999 Up For Independent Review

The Environmental Protection and Biodiversity Conservation Act 1999 aims to promote the sustainability of Australia's economic development to enhance individual and community well-being while protecting biological diversity and maintaining essential ecological processes and systems.

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The Environmental Protection and Biodiversity Conservation Act 1999 aims to promote the sustainability of Australia's economic development to enhance individual and community well-being while protecting biological diversity and maintaining essential ecological processes and systems.

It is the federal government's primary piece of environmental and heritage legislation.

The independent review of the EPBC Act is being undertaken in accordance with section 522A of the Act which mandates that a review take place before 16 July 2010. It is the first review of the Act since 2000. The review is being lead by Dr Allan Hawke, who holds a Bachelor of Science and a Doctor of Philosophy.

The review aims to consider:

  • the operation of the EPBC Act;
  • the extent to which the objects of the EPBC Act have been achieved; and
  • the appropriateness of current matters of National Environmental Significance and the effectiveness of the biodiversity and wildlife conservation arrangements.

The review is due to be completed by 31 October 2009.

The review, when sought community submissions by December 2008 received 197 submissions from parties including environmental groups, local and state governments, academics, industry bodies for agriculture and mining, property groups, interested individuals and, topically, the Country Fire Authority of Victoria in the wake of the recent Victorian Bushfires.

Some of the key questions the review seeks to answer includes whether the public understands their responsibilities under the EPBC Act to refer proposed actions to the minister, and whether the EPBC Act operates effectively in conjunction with State and Territory planning and environmental impact legislation.

These are important questions that need careful consideration after almost a decade of the EPBC Act's operation.

An interim report highlighting the key issues raised by the review is due for release by mid-2009.

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