Document ID: chunk:federal_register_of_legislation:F2024L00408:front:0:p202
Version: federal_register_of_legislation:F2024L00408
Segment Type: other
Provision Reference: 
Character Range: 641780–644963

have indicated that the isolated find, AWM1, recorded in the Campbell Precinct is valued by the local Aboriginal community as important as part of the local indigenous tradition, the site meets Criterion (i) of the Commonwealth Heritage Listing criteria.

       Further, as the site is considered to have significant heritage value to local Aboriginal community groups it meets the threshold for recording on the Commonwealth Heritage List.

         8.   STATUTORY INFORMATION1

          8.1  Environment Protection and Biodiversity Conservation Act 1999

       This Act (EPBC Act) repeals the Environment Protection (Impact of Proposals) Act 1974, the National Parks and Wildlife Conservation Act 1975, the Whale Protection Act 1980, the World Heritage Properties Conservation Act 1983, and the Endangered Species Protection Act 1992. The scope and coverage of the Act is wide and far-reaching. The objectives of the Act include: the protection of the environment, especially those aspects of national significance; to promote the conservation of biodiversity and ecologically sustainable development; and to recognise the role of indigenous people and their knowledge in realising these aims.

       The Act makes it a criminal offence to undertake actions having a significant impact on any matter of national environmental significance (NES) without the approval of the Environment Minister. Actions which have, may have or are likely to have a relevant impact on a matter of NES may be taken only:

            * In accordance with an assessment bilateral agreement (which may accredit a State approval process) or a declaration (which may accredit another Commonwealth approval process); and

            * With the approval of the Environment Minister under Part 9 of the Act. An action that requires this Commonwealth approval is called a 'controlled action'

       Matters of national environmental significance (NES) are defined as:

            * A place listed on the National Heritage List;

            * World heritage values within declared World Heritage Properties (section 12(1));

            * Ramsar wetlands of international importance (s16(1));

            * Nationally threatened species and communities (s18);

            * Migratory species protected under international agreements (s20);

            * Nuclear actions;

            * The Commonwealth marine environment (generally outside 3 nautical miles from the coast) (s23(1&2)); and

            * Any additional matters specified by regulation (following consultation with the States) (s25).

       In addition, the Act makes it a criminal offence to take on Commonwealth land an action that has, will have, or is likely to have a significant impact on the environment (section 26(1)). A similar prohibition (without approval) operates in respect of actions taken outside of Commonwealth land, if it has, or is likely to have a significant impact on the environment on Commonwealth land (s26(2)). Section 28, in general, requires that the Commonwealth (or its agencies) must gain approval (unless otherwise excluded from this provision), prior to conducting actions which has, will, or is