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Environment Protection and Biodiversity Conservation Act 1999
full-source-retrieval-0001Document excerpt 1 Commonwealth Coat of Arms of Australia
Environment Protection and Biodiversity Conservation Act 1999
No. 91, 1999
Compilation No. 68
Compilation date: 28 March 2026
Includes amendments: Act No. 4, 2026
This compilation is in 3 volumes
Volume 1: sections 1‑266
Volume 2: sections 266B‑390SM
Volume 3: sections 391‑528
Schedule 1
Endnotes
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Environment Protection and Biodiversity Conservation Act 1999 that shows the text of the law as amended and in force on 28 March 2026 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au ).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Chapter 1—Preliminary
Part 1—Preliminary
Previous section 263A Review of decisions about permits
Next section full-source-retrieval-0002 Document excerpt 2
Section full-source-retrieval-0001 - Environment Protection and Biodiversity Conservation Act 1999 - Document excerpt 1 | Zoe 3A Principles of ecologically sustainable development
6 Extended application of Act to match extended management of fisheries under the Fisheries Management Act 1991
7 Application of the Criminal Code
8 Native title rights not affected
9 Relationship with other Acts
10 Relationship with State law
Chapter 2—Protecting the environment
Part 2—Simplified outline of this Chapter
11 Simplified outline of this Chapter
Part 3—Requirements for environmental approvals
Division 1—Requirements relating to matters of national environmental significance
Subdivision A—World Heritage
12 Requirement for approval of activities with a significant impact on a declared World Heritage property
13 What is a declared World Heritage property?
14 Declaring a property to be a declared World Heritage property
15 Amending or revoking a declaration of a declared World Heritage property
15A Offences relating to declared World Heritage properties
Subdivision AA—National Heritage
15B Requirement for approval of activities with a significant impact on a National Heritage place
15C Offences relating to National Heritage places
Subdivision B—Wetlands of international importance
16 Requirement for approval of activities with a significant impact on a declared Ramsar wetland
17 What is a declared Ramsar wetland?
17A Making and revoking declarations of wetlands
17B Offences relating to declared Ramsar wetlands
Subdivision C—Listed threatened species and communities
18 Actions with significant impact on listed threatened species or endangered community prohibited without approval
18A Offences relating to threatened species etc.
19 Certain actions relating to listed threatened species and listed threatened ecological communities not prohibited
Subdivision D—Listed migratory species
20 Requirement for approval of activities with a significant impact on a listed migratory species
20A Offences relating to listed migratory species
20B Certain actions relating to listed migratory species not prohibited
Subdivision E—Protection of the environment from nuclear actions
21 Requirement for approval of nuclear actions
22 What is a nuclear action?
22A Offences relating to nuclear actions
Subdivision F—Marine environment
23 Requirement for approval of activities involving the marine environment
24 What is a Commonwealth marine area?
24A Offences relating to marine areas
Subdivision FA—Great Barrier Reef Marine Park
24B Requirement for approval of activities in the Great Barrier Reef Marine Park
24C Offences relating to Great Barrier Reef Marine Park
Subdivision FB—Protection of water resources from unconventional gas development and large coal mining development
24D Requirement for approval of developments with a significant impact on water resources
24E Offences relating to water resources
Subdivision G—Additional matters of national environmental significance
25 Requirement for approval of prescribed actions
Subdivision H—Actions that are taken to be covered by this Division
25A Actions that are taken to be covered by this Division
Subdivision HA—Limitation on liability for actions of third parties
25AA Limitation on liability for actions of third parties
Subdivision I—Evidentiary certificates
25B Evidentiary certificates
25C Certificate to be given to person
25D Evidentiary effect of certificate
25E Variation of certificate
25F Revocation of certificate
Division 2—Protection of the environment from proposals involving the Commonwealth
Subdivision A—Protection of environment from actions involving Commonwealth land
26 Requirement for approval of activities involving Commonwealth land
27 What is Commonwealth land?
27A Offences relating to Commonwealth land
Subdivision AA—Protection of Commonwealth Heritage places outside the Australian jurisdiction
27B Requirement for approval of actions with significant impact on Commonwealth Heritage places overseas
27C Offences relating to Commonwealth Heritage places overseas
Subdivision B—Protection of the environment from Commonwealth actions
28 Requirement for approval of activities of Commonwealth agencies significantly affecting the environment
Subdivision C—Actions that are taken to be covered by this Division
28AA Actions that are taken to be covered by this Division
Subdivision D—Limitation on liability for actions of third parties
28AB Limitation on liability for actions of third parties
Part 4—Cases in which environmental approvals are not needed
Division 1—Actions covered by bilateral agreements
29 Actions declared by agreement not to need approval
30 Extended operation in State and Northern Territory waters
31 Extended operation in non‑self‑governing Territories
Division 2—Actions covered by Ministerial declarations and accredited management arrangements or accredited authorisation processes
Subdivision A—Effect of declarations
32 Actions declared by Minister not to need approval
Subdivision B—Making declarations
33 Making declaration that actions do not need approval under Part 9
34 What is matter protected by a provision of Part 3?
Subdivision C—Prerequisites for making declarations
34A Minister may only make declaration if prescribed criteria are met
34B Declarations relating to declared World Heritage properties
34BA Declarations relating to National Heritage places
34C Declarations relating to declared Ramsar wetlands
34D Declarations relating to listed threatened species and ecological communities
34E Declarations relating to migratory species
34F Declarations relating to Commonwealth Heritage places
Subdivision D—Other rules about declarations
36 Other rules about declarations
36A Minor amendments of accredited management arrangement or accredited authorisation process
Division 3—Actions covered by Ministerial declarations and bioregional plans
Subdivision A—Effect of declarations
37 Actions declared by Minister not to need approval
Subdivision B—Making declarations
37A Making declarations that actions do not need approval under Part 9
Subdivision C—Prerequisites for making declarations
37B General considerations
37C Minister may make declaration only if prescribed criteria are met
37D Declarations relating to declared World Heritage properties
37E Declarations relating to National Heritage places
37F Declarations relating to declared Ramsar wetlands
37G Declarations relating to listed threatened species and ecological communities
37H Declarations relating to listed migratory species
37J No declarations relating to nuclear actions
Subdivision D—Other rules about declarations
37K Revoking declarations
37L Other rules about declarations
Division 3A—Actions covered by conservation agreements
37M Actions declared by conservation agreement not to need approval
Division 4—Forestry operations in certain regions
Subdivision A—Regions covered by regional forest agreements
38 Part 3 not to apply to certain RFA forestry operations
Subdivision B—Regions subject to a process of negotiating a regional forest agreement
39 Object of this Subdivision
40 Forestry operations in regions not yet covered by regional forest agreements
41 What is an RFA region?
Subdivision C—Limits on application
42 This Division does not apply to some forestry operations
Division 5—Actions in the Great Barrier Reef Marine Park
43 Actions taken in accordance with zoning plan
Division 6—Actions with prior authorisation
43A Actions with prior authorisation
43B Actions which are lawful continuations of use of land etc.
Chapter 3—Bilateral agreements
Part 5—Bilateral agreements
Division 1—Object of Part
Division 2—Making bilateral agreements
Subdivision A—Power to make bilateral agreements
45 Minister may make agreement
46 Agreement may declare actions do not need approval under Part 9
47 Agreement may declare classes of actions do not need assessment
48 Other provisions of bilateral agreements
49 Certain limits on scope of bilateral agreements
Subdivision B—Prerequisites for making bilateral agreements
49A Consultation on draft agreement
50 Minister may only enter into agreement if prescribed criteria are met
51 Agreements relating to declared World Heritage properties
51A Agreements relating to National Heritage places
52 Agreements relating to declared Ramsar wetlands
53 Agreements relating to listed threatened species and ecological communities
54 Agreements relating to migratory species
55 Agreements relating to nuclear actions
56 Agreements relating to prescribed actions
Subdivision C—Minor amendments of bilateral agreements
56A Ministerial determination of minor amendments to bilateral agreements
Division 3—Suspending and ending the effect of bilateral agreements
Subdivision A—Suspension and cancellation of effect
57 Representations about suspension or cancellation
58 Consultation before cancellation or suspension
59 Suspension or cancellation
60 Emergency suspension of effect of bilateral agreement
61 Cancellation during suspension
62 Revocation of notice of suspension or cancellation
63 Cancellation or suspension at request of other party
64 Cancellation or suspension of bilateral agreement does not affect certain actions
Subdivision B—Expiry of bilateral agreements
65 Expiry and review of bilateral agreements
65A Expiry of bilateral agreement does not affect certain actions
Chapter 4—Environmental assessments and approvals
Part 6—Simplified outline of this Chapter
66 Simplified outline of this Chapter
Part 7—Deciding whether approval of actions is needed
Division 1—Referral of proposals to take action
67 What is a controlled action?
67A Prohibition on taking controlled action without approval etc.
68 Referral by person proposing to take action
68A Actions proposed to be taken under a contract etc.
69 State or Territory may refer proposal to Minister
70 Minister may request referral of proposal
71 Commonwealth agency may refer proposal to Minister
72 Form and content of referrals
73 Informing person proposing to take action of referral
73A Informing Great Barrier Reef Marine Park Authority of proposal affecting Great Barrier Reef Marine Park
74 Inviting provision of information on referred proposal
74A Minister may request referral of a larger action
74AA Offence of taking action before decision made in relation to referral etc.
Division 1A—Decision that action is clearly unacceptable
74B Application of this Division
74C Informing person proposing to take action that action is clearly unacceptable
74D Procedure if Minister is requested to reconsider referral
Division 2—Ministerial decision whether action needs approval
75 Does the proposed action need approval?
76 Minister may request more information for making decisions
77 Notice and reasons for decision
77A Action to be taken in a particular manner
Division 3—Reconsideration of decisions
78 Reconsideration of decision
78A Request for reconsideration of decision by person other than State or Territory Minister
78B Minister must inform interested persons of request and invite comments
78C Minister must reconsider decision and give notice of outcome
79 Reconsideration of decision on request by a State or Territory
79A Application for reconsideration of decision that action is not controlled action because taken in particular manner
79B Minister must inform interested persons of application under section 79A and invite comments
79C Reconsideration of decision on application under section 79A
79D Withdrawal of application under section 79A
79E Determination that certain reconsidered actions may continue to be taken
Part 8—Assessing impacts of controlled actions
Division 1—Simplified outline of this Part
80 Simplified outline of this Part
Division 2—Application of this Part
82 What are the relevant impacts of an action?
83 This Part does not apply if action covered by bilateral agreement
84 This Part does not apply if action covered by declaration
Division 3—Decision on assessment approach
Subdivision A—Simplified outline of this Division
85 Simplified outline of this Division
Subdivision B—Deciding on approach for assessment
87 Minister must decide on approach for assessment
88 Timing of decision on assessment approach
89 Minister may request more information for making decision
90 Directing an inquiry after starting an assessment
91 Notice of decision on assessment approach
Division 3A—Assessment on referral information
92 Application of this Division
Division 4—Assessment on preliminary documentation
94 Application of this Division
95 Direction to publish referral information and invitation to comment—no further information required
95A Direction to publish referral information and invitation to comment—further information required
95B Procedure after end of period for comment
95C Recommendation report
Division 5—Public environment reports
96A Minister must give designated proponent written guidelines for preparation of draft public environment report
98 Designated proponent must invite comment on draft public environment report
99 Finalising public environment report
100 Recommendation report
Division 6—Environmental impact statements
101A Minister must give designated proponent written guidelines for preparation of draft environmental impact statement
103 Designated proponent must invite comment on draft environmental impact statement
104 Finalising environmental impact statement
105 Recommendation report
Subdivision A—Preliminary
Subdivision B—Establishment of inquiries
107 Appointing commissioners and setting terms of reference
Subdivision C—Conduct of inquiries
109 Procedure of inquiries
112 Dealing with witnesses
113 Dealing with documents given to commission
114 Inspections of land, buildings and places
115 Entering premises by consent
116 Entering premises under warrant
117 Warrants by telephone or other electronic means
120 Protection of commissioners and witnesses
Subdivision D—Inquiry reports
122 Publication of report
Subdivision E—Commissioners’ terms and conditions
127 Termination of appointment
128 Disclosure of interests
129 Other terms and conditions
Part 9—Approval of actions
Division 1—Decisions on approval and conditions
130 Timing of decision on approval
131 Inviting comments from other Ministers before decision
131AA Inviting comments before decision from person proposing to take action and designated proponent
131AB Minister must obtain advice from Independent Expert Scientific Committee on Unconventional Gas Development and Large Coal Mining Development
131A Inviting public comment before decision
132 Requesting further information for approval decision
132A Requesting notice from appropriate State or Territory Minister about certain actions
132B Election to have an action management plan approved after approval of the taking of an action granted
134 Conditions of approval