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Keeping on the right side of the EPBC Act

Keeping on the right side of the EPBC Act. complying with national environmental law. Environment Protection and Biodiversity Conservation Act 1999 Part 3 protects 8 matters of National Environmental Significance

jennifer-rollins
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Keeping on the right side of the EPBC Act

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  1. Keeping on the right side of the EPBC Act complying with national environmental law

  2. Environment Protection and Biodiversity Conservation Act 1999 • Part 3 protects 8 matters of National Environmental Significance • Remediation Determination, Enforceable Undertakings, Conservation Agreements, civil and criminal sanctions • Big fines, up to $5.5M or 7 years in prison

  3. Objectives of Compliance • Guidance • Transparency • Predictable • Rule of Law

  4. Detecting Contraventions

  5. Primary Considerations • Nature & extent • Precedence • Case Law • Local Laws • The reasonable man

  6. OtherConsiderations • Damage done • Circumstances • History • Financial

  7. What has been achieved so far • 8 Enforceable Undertakings in the past 20 months • 2 Remediation Determinations • $2,771,010 directed to protection of the matter impacted • guarantees of future offsets valued at over $4.5M • Injunction under S475

  8. Avoiding impacts and compliance actions • Plan ahead • Report early • Call SEWPaC • Seek Expert Advice

  9. When it all goes pear shaped • Seek informed advice from experts or the department • Co-operate with enquiries • Seek legal advice when appropriate

  10. Where from here? • Creative Approach to enforcement • Defining process • Enhanced procedures • Greater awareness of EPBC Act • Watch this space!

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