Environment Protection and Biodiversity Conservation Act 1999
This Act is administered on behalf of the Minister for the Environment and Water Resources by the Australian Antarctic Division. The objects of this Act are, among other things, to provide for the protection of those aspects of the environment which are matters of national environmental significance; to promote ecologically sustainable development; to promote the conservation of biodiversity; and to promote cooperation between stakeholders including governments, the community and landholders.
Assessments and Approvals
Under the Act, actions that are likely to have a significant impact on a matter of national environmental significance are subject to a rigorous referral, assessment, and approval process. An action includes a project, development, undertaking, activity, or series of activities including:
- any activity which is likely to significantly affect the environment ;
- activities impacting upon EPBC listed species (including all Antarctic birds, seals and cetaceans);
- the export of specimens overseas or other protected matters import of specimens into Australia;
The Act currently identifies six matters of national environmental significance:
- World Heritage properties;
- Ramsar wetlands of international significance;
- Listed threatened species and ecological communities;
- Listed migratory species;
- Commonwealth marine area; and
- Nuclear actions (including uranium mining).
The Act's assessment and approval provisions also apply to actions that are likely to have a significant impact on the environment of Commonwealth land (even if taken outside Commonwealth land) and actions taken by the Commonwealth that will have a significant impact on the environment anywhere in the world.
You can obtain detailed information from the Department of the Environment and Water Resources website on the assessment and approval process of the EPBC Act to establish if your activity is likely to have a significant impact on a matter of national environmental significance.
If a negative response is determined, the activity may still require a permit under this Act or any other relevant environmental approvals and permits, most of which have been summarised in this website or relevant links provided for, and ensure that the requirements have been satisfied before you depart for the Antarctic or subantarctic.
Activities requiring permits
If you wish to carry out research activities in the Antarctic or subantarctic that may involve listed species, cetaceans or other protected matters, you may need to obtain a permit under the Act. In addition, if you wish to carry out an activity outside Australian waters that is likely to affect cetaceans, you may need to obtain a permit under the Act.
To obtain such a permit, you will need to submit an application to the Department of Environment and Water Resources and/or the Australian Antarctic Division, and may need to pay a permit application fee. The fee varies depending on the type of activity. To view or download an application form, and to obtain more information, go to the permits section of the Department of the Environment and Water Resources website.
Permits for activities involving Listed Marine, Migratory and Threatened Species can be applied for using the Antarctic Applications Online (AAO) System. Contact the Antarctic Territories, Environment and Policy Section for directions on how to apply for your permits. The generic email is permits@aad.gov.au or alternatively telephone Kerry on +61 3 6232 3347.
Applications must be submitted no less than six weeks before departure to the Antarctic. Activities involving whales or other cetaceans must be applied for through the Department of the Environment and Water Resources.
Export of specimens overseas
Part 13A of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) regulates the movement of wildlife (except cetaceans which are regulated by sections 232A and 232B) and wildlife products. The EPBC Act regulates the:
- export of Australian native species other than those identified as exempt;
- export and import of all species that are recognised internationally as endangered or likely to become so if trade is not strictly regulated;
- import of species identified by other CITES member countries as requiring international cooperation to regulate their trade; and
- import of live plants and animals.
A permit is required for the import or export of a regulated species or regulated product of a species. However, an export permit is not required for shipments between Australia and Australia's external territories, including the Australian Antarctic Territory and the Territory of Heard Island and McDonald Islands.
There is an exemption under Part 13A of the EPBC Act allowing registered scientific institutions to undertake non-commercial loans, donations or exchanges of herbarium, museum or live plant specimens with other registered scientific organizations without a permit from the Department of the Environment and Water Resources. The AAD is a registered scientific institution (Registration No. AU006). AAD researchers may utilise this exemption where appropriate. Details of specimens which may be exported and the manner in which an exchange should be conducted can be obtained from the International Wildlife Trade section of the Department of the Environment and Water Resources on: (02) 6274 1900 or email wildlifetrade@deh.gov.au.
Additional information regarding permits for the import or export of a regulated species or regulated product of a speciesis is available from the Wildlife Trade and Conservation page of the Department of the Environment and Water Resources website or alternatively by phoning International Wildlife Trade section of the Department of the Environment and Water Resources on: (02) 6274 1900 or e-mail: 'wildlifetrade@deh.gov.au'.
Other environmental approval and permit considerations
You may need to satisfy a number of environmental approval and permit requirements. In particular, if your research proposes to disturb or interfere with listed Antarctic or subantarctic species (that is seabirds and marine mammals), it is likely that you will require, amongst others, additional environmental impact authorisations and permits under the Antarctic Treaty (Environment Protection) Act 1980.
Please ensure that you are aware of all other environmental protection legal requirements for the Antarctic and subantarctic, most of which have been summarised in this website or relevant links provided for, and ensure they have been satisfied before you depart on your voyage.
