Keeping on the right side of the EPBC Act

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Presentation transcript:

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 Remediation Determination, Enforceable Undertakings, Conservation Agreements, civil and criminal sanctions Big fines, up to $5.5M or 7 years in prison

Objectives of Compliance Guidance Transparency Predictable Rule of Law

Detecting Contraventions

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

Other Considerations Damage done Circumstances History Financial

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

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

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

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