Version No: 1
Issue Date: Jan 15
Review Date: Jan 16
FACT SHEET
Key Elements of The Environment
Protection and Biodiversity Conservation
Act 1999
Technical Authority: ASEE
Subject Matter Expert: DEPA
Introduction
Defence is required to comply with Commonwealth environmental legislation – the foremost of which is the
Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The EPBC Act covers a wide
range of environmental matters and is relevant to Defence in its capacity as a landholder, occupier and user.
Purpose
The purpose of this Fact Sheet is to highlight the key elements of the EPBC Act relevant to planning,
undertaking and managing activities on the Defence Estate.
Matters of National Environmental Significance
Defence infrastructure and capability projects, operations, training exercises, research trials, other projects and
even maintenance activities all constitute ‘actions’ for the purposes of the EPBC Act. Defence must not
undertake actions that cause a significant impact on Matters of National Environmental Significance (MNES)
without obtaining approval under the EPBC Act from the Minister for the Environment. The EPBC Act defines
nine MNES:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
the ecological character of a declared Ramsar Wetland;
the world heritage values of a declared World Heritage property;
the national heritage values of a National Heritage place;
a listed migratory species;
listed threatened species or communities;
the environment in a Commonwealth marine area;
the Great Barrier Reef Marine Park;
a nuclear action; and
a water resource potentially impacted by a coal seam gas development or large coal mine
development..
Other EPBC Act matters relating to Defence that are read in conjunction with and handled in the same manner
as the MNES include:
(a) the environment on Commonwealth Land;
(b) the environment in a Commonwealth Heritage place outside the Australian jurisdiction.
Significant Impact
A significant impact is an impact which is important, notable, or of consequence, having regard to its context or
intensity. Whether or not an action is likely to have a significant impact depends upon the sensitivity, value, and
quality of the environment which is impacted, and upon the intensity, duration, magnitude and geographic
extent of the impacts.
Defence must consider all of these factors when determining whether an action is likely to have a significant
impact on MNES and the environment. It is for this reason that all Defence actions must undergo some form of
environmental assessment. Actions not likely to result in a significant impact still require internal assessment by
Defence.
The Environment
The EPBC Act and Defence’s own environmental impact assessment process define the environment as:
(a) ecosystems and their constituent parts, including people and communities; and
(b) natural and physical resources; and
(c) the qualities and characteristics of locations, places and areas; and
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Version No: 1
Issue Date: Jan 15
Review Date: Jan 16
FACT SHEET
Key Elements of The Environment
Protection and Biodiversity Conservation
Act 1999
Technical Authority: ASEE
Subject Matter Expert: DEPA
(d) heritage values of places; and
(e) the social, economic and cultural aspects of a thing mentioned in paragraph (a), (b), (c) or (d).
Permits
Where a Defence action will not have a significant impact but still includes the potential to kill, injure, take,
trade, keep or move an EPBC Act listed threatened species or ecological community (including migratory or
marine species) - an EPBC permit to undertake the proposed action may be required.
If the Defence action has not been referred for assessment under the EPBC Act, or has been referred but did not
require approval, then a permit will be required. If the action has been approved under other parts of the EPBC
Act then a permit will usually not be required.
Defence activities in existence before the EPBC Act
Defence activities in existence before 16 July 2000 can continue lawfully without the need for an assessment on
whether or not a referral to the Minister is required, unless there has been an intensification of the use. The Act
specifies two circumstances which would be an intensification of use:

First, an enlargement, expansion or intensification of use;

Second, a change in the location of the use or to the nature of the activities.
If either of these events occurs and there has been a substantial increase in the environmental impact, then the
use cannot continue lawfully without a referral and approval under the EPBC Act. The word substantial implies
the increase is to be considerable or material.
Landholder Responsibility
If Defence owns, occupies or leases land, then Defence is a landholder. Defence will be responsible as a
landholder for the acts of others on land which cause a significant impact on a MNES, cause an impact on the
environment of Commonwealth land or contravene a condition attached to an EPBC Act approval. Defence will
be liable as Landholder if it:

knew that or was reckless or negligent as to whether persons on its land were breaching the EPBC Act;
and

is found to have been in a position to influence the conduct of that person in relation to the breach of
the EPBC Act (for example, under a contract or Lease); and

failed to take all reasonable steps to prevent the contravention.
Defence as Landholder must also have systems in place to respond to any environmental incidents on its land
whether or not it is the cause. Defence must also ensure its employees and contractors are informed about the
conditions of any approval issued under the EPBC Act.
Further Information
For further information on the EPBC Act contact the Director Environmental Protection and Assessment,
Environment and Engineering Branch on (02) 6266 8659.
Alternatively, detailed information on Defence’s environmental impact assessment process is available through
this link:
http://intranet.defence.gov.au/estatemanagement/Governance/Policy/Environment/EIA/Default.asp
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