Commonwealth

Legislation: Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act)
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The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) protects matters of national environmental significance. These include important flora, fauna, ecological communities or heritage sites. The Act creates offences for actions that have, will have, or are likely to have a ‘significant impact’ on such matters.

The Australian Department of Agriculture, Water and Environment (DAWE) will assess a proposal if it may impact on any matters of national environmental significance. You must consider whether the EPBC Act is relevant to your proposal and ask DAWE for more information if required.

Bilateral agreement

Under section 45 of the EPBC Act, the Commonwealth has entered into a bilateral agreement with Western Australia and accredited its practices, procedures, processes, systems, management plans and other approaches to environmental protection. The assessment bilateral agreement allows WA to assess the impacts on relevant matters of national environmental significance while undertaking an Environmental Protection Authority (EPA) assessment under Part IV of the EP Act, or a clearing permit assessment under Part V of the Environmental Protection Act 1986 (WA) (EP Act). Further information is available on the DWER website for EPA assessments and Clearing Permit assessments.