What's protected under the EPBC Act

The EPBC Act protects our country's heritage. This includes:

• natural, historic or Indigenous places of outstanding national heritage value
• heritage places on or in Commonwealth lands and waters, or under Australian Government control.
• areas on the World Heritage List, or that the minister declares as a World Heritage property.

Once the EPBC Act lists a heritage place, we need to ensure we that protect and conserve it for future generations. This includes creating management plans that set out the significant heritage aspects of the place and how to manage it.

The EPBC Act also establishes a List of Overseas Places of Historic Significance to Australia.

You can:

• search the Australian heritage database for current listings
• nominate a place for heritage listing.

Australia currently has 66 Ramsar wetlands listed as Wetlands of International Importance under the Ramsar Convention on Wetlands.

A Ramsar wetland is either an area:

• designated under Article 2 of the Ramsar Convention, or
• declared by the minister under the EPBC Act.

The EPBC Act protects Australia's Ramsar wetlands by:

• setting up the process to identify Ramsar wetlands
• encouraging best practice management through nationally consistent management principles.

Find out more about Australia's important wetlands.

The EPBC Act protects nationally threatened species and ecological communities by:

• identifying and listing species and ecological communities as threatened
• developing conservation advice and recovery plans for listed species and ecological communities
• developing a register of critical habitats
• recognising key threats
• where appropriate, reducing the impacts of these threats through threat reduction plans.

Anyone can nominate under the EPBC Act either a native species, ecological community or threatening process.

Protected species in Commonwealth areas

In Commonwealth areas, it's illegal to do anything that may result in killing, injuring, taking, trading, keeping or moving a member of a listed:

• threatened species or ecological community
• migratory species
• marine species.

You need to apply for a permit if you think your action might lead to any of these results.

Whales and other cetaceans

The EPBC Act protects all cetaceans (whales, dolphins and porpoises) in Australian waters.

The Australian Whale Sanctuary goes from the 3-nautical-mile state waters limit to the boundary of the Exclusive Economic Zone. This extends at least 200 nautical miles, and further in some places.

It's an offence to injure, take, trade, keep, move, harass, chase, herd, tag, mark or brand a cetacean in the Australian Whale Sanctuary without a research permit.

Migratory species are animals that either:

• migrate to Australia and its external territories
• pass through or over Australian waters during their annual migrations.

These animals include:

• birds such as albatrosses and petrels
• mammals such as whales
• reptiles.

Australia has signed international conventions and agreements to protect many migratory species. These include the:

• Convention on the Conservation of Migratory Species of Wild Animals (Bonn Convention)
• China-Australia Migratory Bird Agreement (CAMBA)
• Japan-Australia Migratory Bird Agreement (JAMBA)
• Republic of Korea-Australia Migratory Bird Agreement (ROKAMBA)
• Agreement on the Conservation of Albatrosses and Petrels (ACAP)

Listed migratory species also include any native species identified in an international agreement that the minister has approved.

The minister may approve this type of agreement if they're satisfied that it's relevant to conserving migratory species.

A Commonwealth marine area is any part of the sea that isn't state or territory waters, but is:

• within Australia's Exclusive Economic Zone
• over the continental shelf of Australia.

This includes the water, seabed and airspace.

The Commonwealth marine area stretches between 3 and 200 nautical miles from the coast. We recognise marine protected areas that have high conservation value.

Four of Australia's marine regions have marine bioregional plans:

• South-west
• North-west
• North
• Temperate East.

The interactive Conservation Values Atlas helps us to implement these plans.

Find out more about Australia's marine reserves.

Read our policy statement Interaction between offshore seismic exploration and whales.

The Great Barrier Reef World Heritage Area is the world’s largest coral reef ecosystem. It supports a rich array of plants and animals. The Great Barrier Reef Marine Park Act 1975 established a marine park around the Great Barrier Reef.

This marine park stretches along the coast of Queensland, and is about 344,400 km².

Protecting the Great Barrier Reef Marine Park

The Great Barrier Reef Marine Park Authority (GBRMPA), along with Queensland Parks and Wildlife Service, protects the reef.

The EPBC Act also recognises the reef as a protected matter.

This means you'll need to refer any activity that's likely to have a significant impact on:

• the environment, if the activity is within the marine park
• the environment of the marine park or other nationally protected matters, if the activity is outside the park.

Activities within the marine park may also need a GBRMPA permit.

The EPBC Act covers a range of nuclear actions, such as:

• establishing or significantly modifying a nuclear installation
• transporting spent nuclear fuel or radioactive waste products
• establishing or significantly modifying a facility for storing radioactive waste products
• mining or milling uranium ore
• establishing or significantly modifying a large-scale disposal facility for radioactive waste
• decommissioning or rehabilitating any facility or area in which one of the activities above has occurred
• any other type of action set out in the EPBC Regulations.

Proposed projects that involve the recovery of sands or rare earths may be a ‘nuclear action’.

The decision about whether a disposal facility is 'large-scale' depends on several factors, including the activity of the radioactive materials to be disposed of.

Since a 2013 amendment to the EPBC Act, water resources that relate to coal seam gas and large coal mining development are a protected matter.

The water trigger amendment means we must comprehensively assess the impacts on water resources from:

• proposed coal seam gas developments
• large coal mining developments.

In emergency cases (such as after flood events), the minister can issue an urgent exemption for emergency water discharge if it's in the national interest.

Water resources definition

We define a water resource for the water trigger according to the definition in the Water Act 2007.

Examples of water resources include:

• ground water
• surface water
• organisms and ecosystems that add to the physical state and environmental value of the water resource.

Significant impact definition

An action is likely to have a 'significant impact on a water resource' if it may lead to a change in either the water's:

• hydrology (how it moves and its quality in relation to land)
• overall quality.

The change needs to be enough to reduce, or risk reducing, the current or future use of the water resource.

Whether an action is likely to have a significant impact depends upon the:

• sensitivity, value and quality of the environment that's affected
• intensity, duration, magnitude and geographic extent of the effects.

The impact may result from one development action relating to coal seam gas or a large coal mine, or the combined impact of several actions.

To find out if your coal seam gas or large coal mining development may have a significant impact on a water resource, read our Significant Impact Guidelines 1.3.

Assessment information

The Independent Expert Scientific Committee advises the minister on coal seam gas and large coal mining projects that may need federal environmental assessment.

Coal seam gas and large coal mining development may also need assessment and approval under state law.

(BACKGROUND MUSIC)

DESCRIPTION:

A map of Australia appears in orange.  All around it, bubbles appear representing some of Australia’s Matters of National Environmental Significance. This image becomes a billboard as the camera zooms out a bit to show the green grass, trees, lakes, and road nearby. The graphics in the bubbles are subtly animated.

NARRATOR:

Australia is home to unique environments, wildlife, and heritage places. They are the places, landscapes, animals, and plants that we think of when we think of home.

DESCRIPTION:

A blue car drives along the road past the billboard of Australia, toward, then past another billboard.  This new billboard is being put up by a worker on a tall orange ladder.  It says, “EPBC Act Matters of National Environmental Significance” on it over a beautiful scene of pristine, natural, rugged Australian coastline and beach.

NARRATOR: 

By preserving these, we protect our identity and culture. Australia’s Environment Protection and Biodiversity Conservation Acts, or EPBC Act, is the legal framework designed to protect Matters of National Environmental Significance, or MNES, from activities that may have a significant impact on them.

DESCRIPTION:
The screen is split into three sections. On the left is a housing development with multiple houses and a sign that says “New Development Coming Soon”, in the middle are trees being cleared by a bulldozer, and on the right is an open cut coal mine with a truck driving through.

NARRATOR: 

For example, activities such as housing developments, land clearing, or the development of an open cut coal mine.

DESCRIPTION:

Now we are at a beautiful beach with baby turtle hatchlings crawling to the ocean.  A flock of Amsterdam albatross fly in a V formation above. The camera zooms in on two of the flying Amsterdam albatrosses as they fly over gorgeous green landscape and connected blue ocean and rivers.

NARRATOR:

So, what exactly are Matters of National Environmental Significance and why are they so important?

DESCRIPTION:

The two Amsterdam albatrosses continue flying over the landscape as large bubbles appear with the words “Matters of National Environmental Significance” over them. Each of the types of MNES is focused on one at a time as the narrator speaks.

NARRATOR:

There are nine categories of MNES under the EPBC Act.  They are World Heritage Areas, National Heritage Places, Ramsar Wetlands, Threatened species and ecological communities, Migratory species, Protection of the environment from nuclear actions, Commonwealth Marine Areas, Great Barrier Reef Marine Park, and Protection of water resources from coal-seam gas and large coal mine development.

DESCRIPTION:

A happy child stands on the deck of a boat next to a marine park ranger. The child is watching the coral reef teeming with marine life below while fish swim below and birds fly overhead. He lifts the binoculars to look through them.

NARRATOR:

Matters of National Environmental Significance are protected because of their unique national or cultural heritage or ecological values.

DESCRIPTION:

The camera follows the view the child has through the binoculars scanning across the water toward some islands. He also looks further right to see an Amsterdam albatross sitting proudly on a red buoy.

NARRATOR:

They are significant to our people and the health of our environment. 

DESCRIPTION:

We are at a new location showing lush forest on one side with a rock lined creek and wildlife, with the boy looking through binoculars standing in the middle.  The environment changes in a clockwise sweeping manner as the boy grows older. Now the environment is full of buildings, houses, very little greenery, dry riverbeds, and bones of deceased fish.

NARRATOR:

Without protection, we could lose our valuable Australian environments forever.

DESCRIPTION:

Now we are on the sand with the sea lapping gently at the bottom of the frame.  A crab crawls out of a hole in the sand in the middle of a map of Australia made out of an outline of shells. Around the shells are footprints of sea birds.  The camera zooms out to show a map of the world made out of an outline of shells. More red crab crawl out of the middle of the different continents.

NARRATOR:

What we do in Australia may also have a wider reaching effect than you may think. Australian ecosystems are interconnected with those of other countries around the globe.

DESCRIPTION:

An outline of Australia is filled with an image of wetlands with various wildlife. Dots representing the Ramsar sites appear gradually on the map.

NARRATOR:

A great example of this are Ramsar wetlands. Here in Australia, we are the proud custodians of over 60 Ramsar sites.

DESCRIPTION:

The wetland scene fills the screen and we pan along the landscape to see a park ranger talking to a group of interested children on a raised walkway through the wetland. A small growling grass frog hops onto the walkway behind the children. The ranger holds up a tablet to show the children something.

NARRATOR:

These sites are of international importance and offer habitats for many species.

DESCRIPTION:

The camera zooms in on the park ranger’s tablet to show the Australian Government website on the Department of Climate Change, Energy, the Environment and Water webpage. Up pop the words “What’s protected under the EPBC Act” and an image of an Amsterdam albatross flying over the image of a spinning earth globe.

NARRATOR:

We all have a responsibility to protect the wetlands as part of the wider, international community.

DESCRIPTION:

Now we are back to looking over the shoulder of the developer browsing a simplified EPBC website home page on their laptop. The page has the government logo, the text “The EPBC Act”, the environmental map, and the Amsterdam albatross along with a button that says “Find out more” which the developer clicks. Zooming even further into the view of the laptop screen, we see the government page focused on the Amsterdam albatross.

NARRATOR:

So, if you are considering a new development or change to an existing one and are interested in learning more, visit the website.

DESCRIPTION:

A diverse group of people of mixed gender, race, age, and demographic are in the center of the screen.  Around them are the nine categories in circles around them with subtly moving graphics.

NARRATOR:

Understand the role you play in ensuring the protection of our Matters of National Environmental Significance.

DESCRIPTION:

The Australian Government logo appears at the center of a white screen with the words “For more information, go to: dcceew.gov.au”.

NARRATOR:

For more information, visit the website.