Edmondson Park Conservation Agreement variation - 10 December 2013

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to address the need for a comprehensive framework to protect and manage Australia’s biodiversity and environmental heritage. The Act provides mechanisms for the protection of the environment, including the establishment of conservation agreements to ensure that significant impacts of proposed activities are mitigated. The Act empowers the Commonwealth to enter into agreements with states and territories to manage environmental impacts, thereby filling a legislative gap in coordinated environmental management across jurisdictions. The policy objective of the Act is to provide for the protection of the environment, heritage, and biodiversity through various regulatory measures, including the establishment and variation of conservation agreements. The recent variation of the Conservation Agreement concerning the Edmondson Park Precinct, notified under Section 309(1) of the Act, exemplifies the ongoing commitment to balancing development with environmental conservation, as overseen by the Minister for the Environment.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to various entities, including individuals, corporations, and government bodies, that are involved in activities that may impact matters of national environmental significance. In this context, the Act governs the variation of a Conservation Agreement, which involves a collaborative approach between the Commonwealth and state governments to manage and conserve biodiversity. The Act's jurisdiction spans the entire Commonwealth of Australia, and it extends to both the federal and state levels, ensuring that conservation efforts are coordinated across different jurisdictions. This particular variation of a Conservation Agreement for the Edmondson Park Precinct development in New South Wales exemplifies the Act's application in facilitating agreements that balance development and conservation objectives. While the Act generally applies to a broad range of activities, certain exclusions and exemptions may apply depending on specific circumstances and subordinate instruments that further define the application of the Act.

Key Provisions

The main operative sections in this notification concern the variation of a Conservation Agreement under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 305 (1) of the EPBC Act provides for the making of a Conservation Agreement, which in this case was initially agreed upon on 20 August 2009. Section 308 of the Act allows for the variation of such agreements, which is what occurred on 10 December 2013, with further variations having been made on 7 September 2011, 17 August 2012, and 11 November 2013. This specific variation (section 309(1)) involves minor boundary adjustments to the Edmondson Park Precinct in New South Wales, aiming to achieve net benefits for biodiversity conservation. The obligations and requirements imposed by the Act on the parties involved include adherence to the terms of the Conservation Agreement and its variations. Both the Commonwealth and the state of New South Wales must ensure that any developments within the precinct are consistent with the conservation objectives outlined in the Agreement and its variations. This includes taking into account the ecological community and other biodiversity considerations specified in the Agreement. The state of New South Wales is responsible for implementing and managing the regional park in accordance with the terms of the Agreement, while the Commonwealth provides oversight and approval of any variations. Breaching the terms of the Conservation Agreement or its variations could have legal consequences. Under section 487 of the EPBC Act, a person who contravenes a provision of the Act, including the terms of a Conservation Agreement, may be liable for civil penalties. The maximum penalty for a corporation can be up to $6.6 million or three times the benefit obtained from the contravention, whichever is the greater. For individuals, the maximum penalty is up to $660,000 or three times the benefit obtained, whichever is the greater. Additionally, under section 488 of the Act, a person found guilty of an offence against the Act can be subject to criminal penalties, including fines and imprisonment, depending on the severity of the offence.