Document ID: chunk:federal_register_of_legislation:F2024L00408:front:0:p334
Version: federal_register_of_legislation:F2024L00408
Segment Type: other
Provision Reference: 
Character Range: 1013480–1016293

Minister;  and
     * taken by the Commonwealth or its agencies which are likely to have a significant impact on the environment anywhere will require approval by the Minister.

Significant impact in the case of National Heritage is defined as follows.

    'A 'significant impact' is an impact which is important, notable, or of consequence, having regard to its context or intensity.  Whether or not an action is likely to have a significant impact depends upon the sensitivity, value, and quality of the environment which is impacted, and upon the intensity, duration, magnitude and geographic extent of the impacts.  You should consider all of these factors when determining whether an action is likely to have a significant impact on matters of national environmental significance.'  (DoE 2013, p. 2)

The definition of 'environment' in the EPBC Act includes the heritage values of places, and this is understood to include those identified in the National Heritage List and possibly in other authoritative heritage lists.  The definition of 'action' is also important.  Action includes:
     * a project;
     * a development;
     * an undertaking;
     * an activity or series of activities;  and
     * an alteration of any of the things mentioned.

However, a decision by a government body to grant a governmental authorisation, however described, for another person to take an action is not an action for the purposes of the Act.  It is generally considered that a government authorisation entails, but is not limited to, the issuing of a license or permit under a legislative instrument.  (EPBC Act, Sections 523-4)

If a proposed action relating to National Heritage, on Commonwealth land or by a Commonwealth agency is likely to have a significant impact on National Heritage Values/the environment, it is necessary to make a referral under sections 68 or 71 of the EPBC Act.  The Minister is then required to decide whether or not the action needs approval under the Act, and to notify the person proposing to take the action of his or her decision.

In deciding the question of significant impact, section 75(2) of the EPBC Act states that the Minister can only take into account the adverse impacts of an action, and must not consider the beneficial impacts.  Accordingly, the benefits of a proposed action are not relevant in considering the question of significant impact and whether or not a referral should be made.

It is possible to obtain an exemption from seeking approval for an action if an accredited management plan is in place.  This plan is not an accredited management plan.

Other specific heritage provisions under the Act include:
     * the creation of a Commonwealth Heritage List and a National Heritage List;  and
     * special provisions regarding National Heritage (these