The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is Australia’s national environmental legislation. It’s the main law that focuses on conserving and protecting our environmental ecosystems and affects many aspects of landcare.

For the first time in 20 years the EPBC Act is being rewritten, offering a pivotal opportunity for our country to have stronger, more sustainable nature laws that help us better protect the environment, promote sustainable land use, and boost the impact of our landcare work.

What is the EPBC Act designed to do?

The EPBC Act provides a legal framework to balance the protection of Australia’s environment with the country’s social and economic needs. It allows the Australian Government to:

• Determine whether a species or ecosystem has declined to the point it requires protection;
• Fulfill international environmental obligations, including protecting World Heritage Sites and Wetlands of International Importance (e.g. RAMSAR sites);
• Consider the impacts of new developments and changes in land use, including clearing habitat for agricultural development, urban expansion and mining; and
• Use the Act to determine if development projects should be approved based on an assessment of whether they significantly impact what the Act protects.

What does the EPBC Act cover?

Currently, the EPBC covers nine matters of national environmental significance:

• World Heritage Sites e.g. the Great Barrier Reef and Kakadu;
• National Heritage Sites;
• Wetlands of International Importance;
• Nationally threatened species and ecological communities;
• Migratory species;
• Commonwealth marine areas;
• The Great Barrier Reef Marine Park;
• Nuclear actions; and
• A water resource relating to coal seam gas development and large coal mining development.

How does the EPBC Act impact landcare work?

Threatened species and ecological communities listed under the EPBC Act influence funding programs such as the National Landcare Program and the Threatened Species Recovery fund, as well as how this funding is prioritised and distributed. This means that funding for many community landcare projects and programs rely on investment directly related to the EPBC Act.

Because the EPBC Act also informs whether development projects and land use changes can go ahead, government decisions informed by the EPBC Act can also affect community landcare projects and programs. Landcare groups who work within areas where major developments are currently in review under the EPBC Act are especially impacted. An example of this if the Coochiemudlo Island Coastcare’s work to protect migratory shorebird habitat near the Toondah Harbour development.

Why is the EPBC Act being rewritten?

The EPBC Act came into force in 2000, and while it showed an important commitment by government to protect Australia’s environment, over the years cracks in the original Act have become clear.

Despite our nature laws, Australia has become a global deforestation hotspot, with more than 7.7 million hectares of threatened species habitat has been destroyed since the Act was put in place. Under these laws, Australia has established itself as the world leader for the most mammal extinctions and has been ranked fourth for animal extinctions globally.

In 2020, a review of the EPBC Act by Professor Graeme Samuel called it “outdated”, “ineffective” and “not fit to address current or future environmental challenges” like climate change and extinction. It also highlighted that funding cycles for programs including the National Landcare Program do “not support an enduring, focused or prioritised approach” to planning for the recovery of threatened species and ecological communities.

How is the National Landcare Network taking action?

In 2020, the National Landcare Network, together with many of the State and Territory Landcare Organisations, made submissions to the 2020 review of the EPBC Act. We highlighted the impact the Act has on landcare groups and provided suggestions on how it could be improved. You can read our submission HERE.

As a member of Places You Love , an alliance of over 60 national, state and local groups working together to secure strong national nature laws, the National Landcare Network will be keeping you updated on the progress of the reforms and highlighting any opportunities for all of us to have our say on the EPBC Act rewrite.

_{The National Landcare Network is the peak representative body for community Landcare groups across Australia. We give a voice to Community Landcare across the country, with over 2000 active State and Territory Landcare Organisation members representing 6000+ individual Landcare groups and over 160,000 landcarers across Australia.}