Section 516 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) requires the secretary to prepare an annual report on the operation of the Act and for the minister to lay a copy of this report before the Parliament. This section provides the report for the period from 1 July 2019 to 30 June 2020.

Matters of environmental significance and other nationally protected matters

The EPBC Act provides a legal framework to protect and manage nationally and internationally important flora, fauna, ecological communities and heritage places – defined in the EPBC Act as matters of national environmental significance. There are 9 matters of national environmental significance.

Under the EPBC Act, actions that are likely to have a significant impact on a nationally protected matter require assessment and approval from the Minister for the Environment (or their delegate).

When an action is referred for consideration under the EPBC Act, the minister considers whether the action is likely to have a significant impact on a nationally protected matter, based on the information the proponent provides in their referral documentation (and any public comments received). The minister will then decide within 20 business days whether the action requires further assessment and approval under the EPBC Act – this is the 'referral decision'.

We publish all referrals, and other relevant statutory documents associated with a proposed action, on our website.

Further information on EPBC Act referrals, approvals, assessments and matters of national environmental significance is provided in Statistics and other information.

Actions by the Australian Government and actions on Commonwealth land

The EPBC Act regulates actions that have a significant impact on the environment where the actions affect, or are taken, on Commonwealth land or that are carried out by an Australian Government agency. This includes the disposal of Commonwealth land.

In 2019–20 the minister made 4 determinations for projects on Commonwealth land (section 26), 2 determinations for an action carried out by an Australia Government agency (section 28), including one determination where the action will be taken in a Commonwealth marine environment by a Commonwealth agency (section 24A).

We received 9 requests for advice from the Department of Infrastructure and Regional Development and Airservices Australia in relation to proposals involving Commonwealth airports. A decision on one proposal is still pending. The minister's delegate determined that advice was required for 4 of the proposals. In those cases the provision of advice is pending.

Strategic assessments

Strategic assessments under Part 10 of the EPBC Act can deliver greater economic certainty, regulatory efficiencies for business and improved ecological outcomes when compared with project-by-project approvals.

Actions covered by a strategic assessment approval and taken in accordance with the endorsed plan do not require any further assessment or approval from the Commonwealth.

Antarctic Treaty environment protection

The EPBC Act exempts certain actions from requiring permits if a permit for that action has been issued under the Antarctic Treaty (Environment Protection) Act 1980 (ATEP Act). The Act states that, where an action is taken in accordance with a permit issued under the ATEP Act and the permit is in force, certain actions involving listed threatened species and ecological communities, migratory species and listed marine species are not offences.

In 2019–20 the minister granted 4 permits under the ATEP Act that granted such exemptions.

Access to biological resources and benefit sharing

Part 8A of the Environment Protection and Biodiversity Conservation Regulations 2000 (EPBC Regulations) controls access to biological resources in Commonwealth areas for the purposes of research on and development of genetic resources and biochemical compounds.

Under Part 8A of the EPBC Regulations, we issued 25 permits for access to biological resources in Commonwealth areas in 2019­–20.

Cetacean permits

In the Australian Whale Sanctuary (all Commonwealth waters from the 3 nautical mile state waters limit out to the boundary of Australia's Exclusive Economic Zone), a permit under the EPBC Act is required to take, trade, keep, move or interfere with (harass, chase, herd, tag, mark or brand) a cetacean, or to possess or treat (divide or cut up, or extract any product from) a cetacean. Australian residents must also obtain a permit to carry out such activities in waters beyond the sanctuary – that is, in international or foreign waters.

In 2019–20 Australia granted 6 cetacean permits and varied the conditions of 3 existing cetacean permits (see Table 31).

Species and ecological community listing assessment outcomes

The minister may list threatened fauna and flora in 6 categories defined by the EPBC Act. These are:

• extinct
• extinct in the wild
• critically endangered
• endangered
• vulnerable
• conservation-dependent.

Species listed as extinct in the wild, critically endangered, endangered or vulnerable are matters of national environmental significance. The Threatened Species Scientific Committee advises the minister on these listings.

Ecological communities can be listed as critically endangered, endangered or vulnerable. Those listed as critically endangered and endangered are matters of national environmental significance. Listing ecological communities helps to protect vital species habitat and ecosystem functions.

In 2019–20, the minister made a decision to list one new ecological community – Poplar box grassy woodland on alluvial plains – as endangered.

The minister decided to list 4 new ecological communities as critically endangered:

• Illawarra–Shoalhaven Subtropical Rainforest in the Sydney Basin Bioregion.
• Robertson Rainforest in the Sydney Basin Bioregion.
• Tasmanian forests and woodlands dominated by black gum or Brookers gum.
• Tuart forests and woodlands on the Swan coastal plain.

The minister made a decision to list Falco hypoleucos (Grey Falcon) as vulnerable. The minister also decided to transfer two species from vulnerable to endangered within the list of threatened species:

• Petaurus australis Wet Tropics subspecies (Yellow-bellied Glider (Wet Tropics)).
• Thalassarche cauta (Shy Albatross).

The names of 11 threatened species were updated on the list.

Conservation advices and recovery plans

The EPBC Act provides for making or adopting recovery plans and approved conservation advices for listed threatened species and ecological communities.

Approved conservation advices provide guidance on recovery and threat abatement activities, including research priorities to support the recovery of listed species or ecological communities.

Recovery plans set out the research and management actions needed to stop the decline and support the recovery of listed threatened species or threatened ecological communities. In addition to the 8 conservation advices approved at the time of a listing decision being made, in 2019–20 the minister approved 3 conservation advices for threatened species.

Overall 99.9% of listed threatened species and ecological communities have either a recovery plan or an approved conservation advice, or both, in place to guide recovery efforts (see Table 34).

In 2019–20 we released 5 draft recovery plans for comment. These were published on our website.

We publish guidelines that provide information to help with regulatory decision-making about listed species and guides to help land managers, environment professionals and the general public to identify, assess and manage ecological communities. One guide published this year was Tuart Woodlands and Forests of the Swan Coastal Plain: A Nationally Significant Ecological Community, as shown in Publications in 2019–20 and available on the Species Profile and Threats database.

We also published the National Light Pollution Guidelines for Wildlife including marine turtles, seabirds and migratory shorebirds. The guidelines raise awareness of the impacts of light pollution and provide a framework for assessing and managing impacts of light pollution on wildlife, including on listed threatened and migratory species. The guidelines are available on our website.

Key threatening processes and threat abatement plans

The EPBC Act provides for the listing of key threatening processes. A threatening process is one that threatens or may threaten the survival, abundance or evolutionary development of a native species or ecological community. Table 35 details all listed threatening processes.

The Threatened Species Scientific Committee advises the minister on the listing of key threatening processes and on whether a threat abatement plan or other action is needed to abate these processes.

In 2019–20 no amendments to the list of key threatening processes were made and no threat abatement plans were made or adopted.

The minister agreed that a threat abatement plan is not a feasible, effective and efficient way to abate the 2 key threatening processes for red imported fire ant and yellow crazy ant on Christmas Island. In making this decision the minister noted the National Invasive Ant Biosecurity Plan, which provides threat abatement advice for these 2 invasive ant species and other invasive ant species of concern to Australia.

In 2019–20 we did not release any draft plans for comment. Threat abatement plans are published on our website.

Wildlife conservation plans

Wildlife conservation plans set out the research and management actions necessary to support survival of one or more migratory, marine, conservation-dependent or cetacean species listed under the EPBC Act. These are species that, while not considered threatened, would benefit from a nationally coordinated approach to conservation. We did not make any wildlife conservation plans in 2019–20.

In 2019–20 we released the draft Wildlife Conservation Plan for comment. The draft plan is available on our website.

International wildlife trade and management

Trade in Australian native species and species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is regulated in accordance with Part 13A of the EPBC Act.

Under the EPBC Act, the department can grant approvals to export specimens derived from regulated native species or species listed under CITES or to import regulated live animals.

In 2019–20 we approved:

• 2 artificial propagation programs, (for cycads and orchids)
• 2 aquaculture programs (for Murray cod and lungfish)
• 2 wildlife trade management plans (for kangaroos and protected plants)
• 9 captive breeding programs (for emus, insects, ants and Ara ararauna)
• 10 wildlife trade operations (non-fisheries), including wallaby, taxidermy specimens, ants, fern trees and lungfish

We completed 62 assessments of Australian and international zoos and aquaria to ensure their facilities were suitable to house live animals from a welfare perspective. International transfers of live animals undertaken in 2019–20 included clouded leopards, Komodo dragons and a pair of platypus. We entered into 10 new agreements with overseas institutions that prescribed the care requirements for iconic native species held by the institutions.

To combat wildlife crime, we work with international partners, Commonwealth agencies and state regulators, including INTERPOL, the Australian Federal Police and the Australian Border Force, state and territory police and environmental agencies.

Import of wildlife products

Part 13A of the EPBC Act requires permits to be issued for the import of most types of wildlife into Australia. When CITES-listed species (including their parts and derivatives) are imported into Australia without the required permits, they may be seized (see Table 36). The most common items seized were traditional medicines that were suspected to include extracts of protected animal or plant products.

In 2019–20 Australia issued 18.57% fewer permits for the import of wildlife than for the previous year. Of the total 1,776 permits issued, 1,743 were for CITES-listed wildlife, and 16 were for non-CITES-listed live animals. Seventeen were for testing purposes. The testing permits were issued for importing insects for trials of biological control of invasive species.

Most of the import permits issued were for CITES-listed wildlife. Species most often covered by import permits include American alligators, pythons, monitors, crocodiles and rosewood. Almost all permits for reptile species were associated with fashion items such as handbags, shoes, watchstraps and belts. Permits for rosewood species were most commonly for musical instruments, such as guitars, and furniture items. The top 10 species covered by wildlife import permits account for 40.66% of all species on permits issued (see Table 37).

Live imports

The live import list comprises species and specimens that may be imported live into Australia. A person cannot legally import live specimens of a species that is not listed in the live import list, even if it has been imported previously or is known to be in Australia already. Anyone can apply to the minister to amend the live import list to include a new species.

In 2019–20 the minister approved 6 additions to the live import list:

• Polynesian Tiger Mosquito (Aedes polynesiensis) included in Part 2 of the list (research only, high-security facilities only)
• Silvery Marmoset (Mico argentatus) included in Part 2 of the list (eligible non-commercial purpose only, excluding household pets)
• 3 species of dung beetle (Euonthophagus crocatus, Gymnopleurus sturmi and Onthophagus marginalis spp. Andalusicus) included in Part 1 of the list (does not require a permit from the department to import)
• Puma (Puma concolor) included in Part 2 of the list (eligible non-commercial purpose only, excluding household pets; Desexed specimens only).

In 2019–20 the minister's delegate amended 2 inaccuracies with the listings:

• Electric Yellow Cichlid (Labidochromis caeruleus), on Part 1 of the list (does not require a permit from the department to import). Incorrectly listed as a cartilaginous fish, amended to list in bony fishes.
• Hermann's Tortoise (Testudo hermanni) on Part 2 of the list (eligible non-commercial purpose only, excluding household pets), updated common name.

We are assessing 6 applications received during the year for amendment to the live import list.

We received 7 applications to include potential biocontrol agents in the live import list. These will not be assessed for import unless testing indicates their efficacy as biocontrol agents.

Export of wildlife products

Part 13A of the EPBC Act requires permits to be issued for the export of regulated native species and most types of CITES-listed species. Wildlife harvesting for export is required to be ecologically sustainable and, for live animals, must meet welfare requirements.

Commercial exports of items containing native or CITES-listed species must be sourced from a program that demonstrates the ecological sustainability of the harvest. Aside from commercial fisheries, more than 113 such programs are approved under the EPBC Act for native or CITES-listed species, including plants, saltwater crocodiles, kangaroos, possums and some invertebrates.

In 2019–20 Australia issued 22.95% fewer permits for the export of wildlife than the previous year. Of the total 715 export permits and certificates issued, 541 were issued for the export of CITES-listed wildlife and 174 were issued for native species (non-CITES-listed wildlife). In addition, 13,583 personal baggage permits were issued for the export of personal items containing CITES-listed products – a 1.5% decrease from the previous year.

Species most often covered by wildlife export permits include Australian saltwater crocodiles, corals, American alligators, kangaroos and clams (see Table 38). Exports of crocodile, monitor and alligator products are generally associated with fashion items such as handbags, shoes, watchstraps and belts. Corals were usually exported live in the aquarium trade. Kangaroos were generally exported as meat and skins.

The top 10 species covered by export permits accounted for 18.8% of all species on permits issued. Export permits are often issued to allow multiple shipments of the species under each permit; therefore, the volume of export of these species is likely to be far greater than is represented in the permit data.

World Heritage List

At 30 June 2020, Australia had 20 properties on the World Heritage List, following the World Heritage listing inclusion of the Budj Bim Cultural Landscape in Victoria. The Budj Bim Cultural Landscape is the first Australian World Heritage site to be nominated exclusively for Aboriginal cultural values.

For the past 6,600 years, Gunditjmara people have managed water flows from the nearby Tae Rak (Lake Condah) to harvest and farm kooyang (eels) and other fish. The Gunditjmara people modified and manipulated the water flow through the Budj Bim lava flow, to construct an ingenious engineering system and patchwork of wetlands. The World Heritage List nomination was led by the Gunditjmara Traditional Owners.

National Heritage List

Each year the minister is required to set a Finalised Priority Assessment List of places that the Australian Heritage Council will assess for their National or Commonwealth Heritage values. The Finalised Priority Assessment List is published on our website.

In considering the Heritage Council's advice, the minister added one place – Erawondoo Hill in Western Australia – to the National Heritage List in 2019–20.

There are now 117 places included in the National Heritage List.

Commonwealth Heritage List

As at 30 June 2020 there were 388 places in the Commonwealth Heritage List. No places were added during 2019–20.

Guidelines to help Commonwealth agencies to better understand management requirements for Commonwealth Heritage places are available on our website.

In 2019–20 the Australian Heritage Council approved 3 Heritage Strategies and 4 Heritage Management Plans.

Fisheries assessments and approvals

Under the EPBC Act we assess the management arrangements applied to Australian fisheries that have an export component, operate in Commonwealth waters or are managed by the Commonwealth. These assessments are carried out against Guidelines for the Ecologically Sustainable Management of fisheries – 2nd edition and aim to determine:

• the extent to which the fishery is managed in an ecologically sustainable way, including the take of any species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (Part 13A)
• the impacts of actions taken under a fishery management or regime on matters of national environmental significance (Part 10)
• any impact that fishery operations may be having on cetaceans, and threatened species, migratory species, marine species and threatened ecological communities listed under Part 13 of the EPBC Act.

Of the 17 fisheries assessed in 2019–20, 4 were Commonwealth managed and 13 were state or territory managed. Nine fisheries were approved as wildlife trade operations for a period of up to 3 years and 14 were exempted from the export permitting provisions of the EPBC Act (for a period from 3 months to 10 years).

We assessed all fisheries consistent with statutory requirements (see Table 39). Following these assessments and when required, conditions or recommendations were imposed to maintain or improve the ecologically sustainable management of the fisheries in the short to medium term.

We have continued to work to improve the ecological performance of the fisheries we manage. This has resulted in a number of fisheries being able to demonstrate low risk and therefore move to longer-term approvals.

Fisheries assessments, their outcomes and any conditions or recommendations placed on a fishery’s export approval are published on our website.

Compliance and enforcement

Compliance is an important element of our regulation. It helps ensure our laws are achieving the outcomes they were designed to deliver. In February 2019 we published a new compliance policy to help the community understand how we encourage compliance and respond to non-compliance. We also published our Annual Compliance Plan for 2019–23, which sets out our annual priority compliance outcomes.

The EPBC Act provides for enforcement mechanisms for managing suspected or identified instances of non-compliance and for reviewing the compliance of referred projects. Enforcement mechanisms include environmental audits, infringement notices and civil and criminal penalties. Remediation orders and determinations may require repair or mitigation of environmental damage.

In 2019–20 several compliance actions were taken:

• In December 2019 we issued 2 infringement notices to Venture Minerals under section 142B of the EPBC Act, totalling $25,200 for non-compliance with conditions attached to approval EPBC 2012/6339.
• In January 2020 we issued an infringement notice to Hovey Property Pty Ltd under section 142B of the EPBC Act valued at $12,600. We also issued a directed variation under section 143(1)(a) of the EPBC Act for non-compliance with conditions attached to approval EPBC 2014/7164.
• In May 2020 we issued 3 infringement notices to Mount Buller and Mount Stirling Alpine Resort Management Board under section 142B of the EPBC Act, totalling $38,800 for non-compliance with conditions attached to approval EPBC 2014/7303.

The minister's delegate signed 2 remediation determinations during the year:

• In April 2020 the delegate signed a determination requiring Jam Land Pty Limited to take actions on its property at Monaro, New South Wales, to mitigate impacts from the application of herbicide to a critically endangered ecological community in 2016. The remediation determination provides a balanced compliance response and a positive environmental outcome for the protection of threatened grasslands. In May 2020 Jam Land applied to the minister for a ministerial reconsideration of the determination.
• In June 2020 the delegate signed a determination requiring a landowner to take actions on their property at King Island, Tasmania, to mitigate impacts from earthworks associated with land clearing. The earthworks impacted on the adjacent Lavinia Ramsar site, in contravention of Part 3 of the EPBC Act. The remediation determination provides a balanced compliance response and a positive environmental outcome for the protection of threatened species within the Ramsar site.

In 2019–20 several matters were determined by courts:

• In October 2019 a Sydney man was found guilty of importing and exporting live regulated specimens. He was sentenced to 3 years imprisonment, to be served in the community by way of an intensive correction order, to be of good behaviour and to undertake 700 hours of community service. The Commonwealth appealed the sentence on the grounds that it was manifestly inadequate. On 18 October 2019 the Court of Criminal Appeal imposed a new aggregate sentence of full-time imprisonment for 4 years, with a non-parole period of 2 years and 6 months.
• In November 2019, a Sydney man was found guilty of attempting to smuggle native wildlife out of Australia through the post. The man was sentenced to 5 months imprisonment, with a non-parole period of 9 months.
• In November 2019 the Federal Court made a declaration on contravention, and a remediation order, that a Victorian landholder had contravened section 18(3) of the EPBC Act for works undertaken on his properties that impacted habitat for the South-eastern Red-tailed Black Cockatoo. The landholder was also ordered to implement a remediation plan across the property to mitigate the impacts.
• In January 2020, 5 Northern Territory men appeared before the NT Local Court. All 5 were convicted of offences relating to illegal hunting and entering prohibited areas in Kakadu National Park between 26 and 29 September 2018. A cumulative total of $23,635 in fines and costs was handed down. The court also ordered the forfeiture of seized hunting equipment.
• In March 2020 the Federal Court imposed civil penalties of $81,900 on J.N. and K.C. Basile Pty Ltd (fishing concession holder) and $12,000 on Mr Joseph Basile (fishing vessel skipper) for illegal commercial fishing operations. The respondents were also ordered to pay $42,500 in court costs. Between 28 and 29 June 2017 the Australian Fishing Vessel Tunamoon was used for commercial pelagic longline fishing in the Marine National Park Zone of the Flinders Commonwealth Marine Reserve.
• In May 2020 a Malaysian woman was found guilty of attempting to smuggle native reptiles out of Australia through the post. The woman was sentenced to 12 months imprisonment, with a non-parole period of 4 months.

For other court and tribunal matters see External scrutiny.

Statement of reasons

Section 13 of the Administrative Decisions (Judicial Review) Act 1977 provides that a person aggrieved by a decision made under legislation may request a statement setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision (statement of reasons). Additionally, sections 77(4)(b) and 78C(4)(b) of the EPBC Act allow people to request a statement of reasons about controlled action decisions and the reconsideration of controlled action decisions.

In 2019–20 we provided these statements of reasons:

• Two were for decisions under Part 13A of the EPBC Act, and 13 were for referral decisions under section 75 and/or assessment approach decisions under section 87.
• One was for a referral decision under section 74B.
• Two were for a reconsideration of a referral decision under section 78.
• Nine were for assessment approach decisions under section 87.
• Six were for approval decisions under sections 130 and 133.
• Three were for a variation to conditions decision under section 143.
• One was for a decision not to revoke an approval decision under section 145.

Reconsideration of a decision

Under section 78 of the EPBC Act, reconsideration of a referral decision under section 75 of the EPBC Act is available in limited circumstances. Typically, reconsiderations are completed on request when there is substantial new information or a substantial change in the likely effects on protected matters.

In 2019–20 the minister or their delegate made 195 referral decisions and reconsidered 3 referral decisions.

Australian Heritage Council

The Australian Heritage Council, established under the Australian Heritage Council Act 2003, is the minister’s principal advisory body on heritage matters. It is responsible under the EPBC Act for assessing the heritage values of places nominated for possible inclusion in the National Heritage List and the Commonwealth Heritage List, and for advising the minister on heritage issues.

In 2019–20 the council met 4 times for ordinary meetings and held an extraordinary meeting to prepare a response to the Royal Commission on National Natural Disaster Arrangements. Further information is on our website.

Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development

The Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development (IESC) is a statutory committee established in October 2012 under the EPBC Act.

The IESC provides independent scientific advice to the Australian, New South Wales, Queensland, South Australian and Victorian governments on the potential water-related impacts of coal seam gas and large coal mining development proposals, including any impacts of associated salt production and/or salinity. The IESC draws upon the expertise of its members in hydrology, hydrogeology, geology and ecology, as well as the latest research and scientific information.

In 2019–20, the IESC held 6 meetings, preparing 10 pieces of advice on the potential water-related impacts of coal resource development proposals in New South Wales and Queensland.

Indigenous Advisory Committee

The Indigenous Advisory Committee, established under section 505A of the EPBC Act, provides advice to the minister on the operations of the Act by taking into account the significance of Aboriginal and Torres Strait Islander people's knowledge of land management and the conservation and sustainable use of biodiversity. In 2019–20 the committee held one face-to-face meeting, one meeting via videoconference and completed a range of out-of-session work.

The committee provided advice on:

• the development of the 2021 State of the Environment Report
• the next iteration of the National Environmental Science Program
• Australia’s ongoing international obligations to biological diversity and cultural heritage management
• the Review of the EPBC Act and the role of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984
• the inclusion of Indigenous Land and Sea Management targets into the Closing the Gap agenda.

Information on the committee is available on our website.

Threatened Species Scientific Committee

The Threatened Species Scientific Committee, established under section 502 of the EPBC Act, advises the minister on amending and updating lists of threatened species, threatened ecological communities and key threatening processes, all listed under the EPBC Act. It advises on the development or adoption of recovery, wildlife conservation and threat abatement plans and prepares conservation advices for approval by the minister or their delegate.

During the year, the committee held 4 meetings. At the start of 2019–20, the Threatened Species Scientific Committee had 98 species and 14 ecological communities under assessment. The committee also published a 10-point Bushfire Response Plan following the 2019–20 bushfires. Further information about the committee is on our website.

Legislative amendments

There were no legislative amendments to the EPBC Act in 2019–20.

Independent review

Under section 522A of the EPBC Act an independent review must be conducted every 10 years to consider how the Act is operating and the extent to which its objectives have been achieved. On 29 October 2019 the Australian Government appointed Professor Graeme Samuel AC to conduct the review. Professor Samuel finalised his interim report at the end of June 2020 and it was published on 20 July 2020. The final report is due in October 2020.

Environmental referrals, assessments and approvals

This comprises statistics on the operation of the EPBC Act in 2019–20.

Access to biological resources and benefits sharing

Protection of species and ecological communities

International wildlife trade and management

Fisheries assessment and approvals

Meeting statutory time frames

The EPBC Act and Regulations specify time frames within which decisions must be made and other actions completed. If the time frames are not met then, in accordance with section 518 of the EPBC Act, a statement must be provided setting out the reasons for the delay. Decisions that were not made within statutory time frames in 2019–20 and the reasons for delay are listed in Table 40.

Guides

Tuart Woodlands and Forests of the Swan Coastal Plain: A Nationally Significant Ecological Community, Department of the Environment and Energy, 2019.