Environment Protection and Biodiversity Conservation Act 1999 Notification under section 309(1) – Related to entering a Conservation Agreement under section 305 with the State of Queensland (represented by the Department of Transport and Main Roads and the Department of Natural Resources, Mines and Energy) and Sunshine Coast Regional Council

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the Australian environment, particularly by preserving biodiversity and managing the impact of activities on the environment. This Act was introduced to address the need for a comprehensive legislative framework to manage environmental impacts at a national level, ensuring that significant actions are assessed for their potential to harm the environment, including threatened species and ecological communities. The enacting body responsible for this legislation is the Parliament of Australia, with the policy objective clearly stated as fostering the sustainable use and conservation of the nation’s environmental assets. Through mechanisms such as Conservation Agreements, the Act seeks to facilitate collaborative efforts between the Commonwealth and state or local governments to protect and manage critical habitats and species.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of entities, industries, and activities that have, or are likely to have, a significant impact on matters of national environmental significance. These include protected species and ecological communities, World Heritage properties, wetlands of international significance, and other areas of environmental importance. In this instance, the Act facilitates the creation of Conservation Agreements, such as the one entered into by the Commonwealth, the State of Queensland, and Sunshine Coast Regional Council for the conservation of Lowland rainforest of subtropical Australia at Palmview. The agreement aims to protect and manage the biodiversity of the specified area, ensuring that conservation efforts are coordinated and effective. The EPBC Act operates at the national level, providing a framework for environmental protection that applies across the Commonwealth of Australia, including territories. The Act may extend its reach through subordinate instruments, which can provide detailed regulations and guidelines to further define the scope and application of the primary legislation. Exclusions and exemptions from the Act may apply, particularly where activities are authorised or approved under state or territory legislation that is deemed to be equivalent to the EPBC Act. The specific terms of any conservation agreement, including potential exclusions or thresholds, would be detailed within the agreement itself and may vary depending on the particular environmental and geographical context.

Key Provisions

The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (the "EPBC Act") that pertain to this Conservation Agreement are section 305 (1) (2), which allows for the entering of a conservation agreement, and section 309(1), which authorises the Minister for the Environment and Energy to enter such agreements on behalf of the Commonwealth. Specifically, section 305(1) permits the Minister to enter into a conservation agreement if it is likely to contribute to the conservation of a matter of national environmental significance, and section 309(1) allows the Minister to enter into such agreements with states, territories, or local governments. This agreement, entered on 6 June 2018, aims to conserve and protect the Lowland rainforest of subtropical Australia at Palmview, Queensland. The Act imposes specific obligations and requirements on the parties involved in this Conservation Agreement. Under section 305(3), the agreement must include provisions for the management of the area in a way that ensures the conservation of the specified environmental values. Additionally, section 306 requires that the agreement must be consistent with the objects of the EPBC Act, which include the protection of the environment and the promotion of sustainable development. The agreement must also include provisions for monitoring and reporting on the conservation and management of the area, as stipulated in section 307. There are significant consequences for breaches of the Conservation Agreement and the obligations set out in the EPBC Act. Under section 343, any person who contravenes the Act or an approved plan (which would include the Conservation Agreement) commits an offence. For individuals, the maximum penalty under section 343(1) is a fine of up to $66,600 or imprisonment for up to three years, or both. For corporations, the maximum penalty under section 343(2) is a fine of up to $333,000. Furthermore, under section 350, any person who causes or authorises a breach of a condition in a Conservation Agreement commits an offence, with similar penalties applying. These stringent penalties underscore the importance of compliance with the conservation and management provisions set out in the agreement.