Global S&T Development Trend Analysis Platform of Resources and Environment
Bushfire management and national Environmental law | |
admin | |
2020-01-08 | |
发布年 | 2020 |
语种 | 英语 |
国家 | 澳大利亚 |
领域 | 资源环境 |
正文(英文) | This page aims to provide guidance on the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), and its role in regulating bushfire management activities carried out by state and territory governments, local councils, other authorities such as fire and emergency services, and individuals. What is national environment law?Australia’s key national environment law is the Environment Protection and Biodiversity Conservation Act 1999, also known as the EPBC Act. This legislation regulates activities that are likely to have a significant impact on nationally protected matters. Types of bushfire management activitiesBushfire management can be separated into two categories:
How does national environment law apply to firefighting activities?In the case of emergency bushfire suppression and containment activities, protecting life and property is always the overriding concern. National environment law generally does not restrict responses required to manage bushfire emergencies, nor does it regulate measures taken to fight fires. There may be instances where emergency bushfire activities have a significant impact on nationally protected matters (for example, back burning, clearing of fire breaks, or emergency vehicle access or camps in habitat where threatened species are known to occur). If these activities are part of a genuine emergency response, they are unlikely to be subject to compliance actions or other penalty under the national environment law. However, the department strongly recommends that, wherever possible, nationally protected matters are identified in bushfire risk management plans and local and regional operational mapping. In the case of an emergency, and where legal certainty is required, the federal environment minister has power to issue an urgent exemption if it is determined that this is in the national interest (see What activities might be exempt?). How does national environment law apply to bushfire prevention activities?The state and territory governments have primary responsibility for care and management of the environment. National environment law does not generally regulate fire prevention measures taken by state and territory governments, and only applies in limited circumstances. Fire prevention activities only need federal environmental approval if:
What activities might be exempt?Not all activities that have the potential to have a significant impact on nationally protected matters are regulated by national environment law. Activities that are exempt include:
What fire prevention activities are not likely to be significant?National environment law is not about regulating day-to-day land management. Fire prevention activities that are unlikely to require approval by the federal government may include:
These examples are a general guide only. Whether a particular activity will have a significant impact on a nationally protected matter is influenced by a variety of factors, and must be considered on a case-by-case basis. What fire prevention activities might need to be referred for approval?Fire prevention activities may require federal approval if there is likely to be a significant impact on a nationally protected matter and no exemption applies (see What activities might be exempt?). These activities may result in irreversible or permanent loss of nationally threatened communities or key habitats for threatened species and could include:
The above list focuses on impacts on nationally threatened species and ecological communities, as these are the nationally protected matters most likely to be affected by fire prevention activities. However, fire prevention activities could require approval if they are likely to have a significant impact on any nationally protected matter, such as migratory species, Ramsar wetlands or Commonwealth land (see Where can I get more information?) How do I get approval?If you are planning a non-exempt activity that is likely to have a significant impact on any nationally protected matter, it is your responsibility to refer it to the department for consideration. A referral under national environment law does not necessarily mean you will need federal environmental approval. Usually you will be notified within 20 business days whether or not federal assessment and approval is required. A guide and form for referring your activity is available on Referral of proposed action. What happens if I am uncertain whether I need approval?If you are unsure whether you need to refer your proposed firefighting or fire prevention activities, email the department at epbc.referrals@environment.gov.au, call 02 6274 2496 or free call 1800 803 772. Where can I get more information?For information on what is protected see What is protected under the EPBC Act?. General guidance on whether an activity is likely to have a significant impact on a nationally protected matter, and an explanation of 'significance' is available at:
More guidance about the significance of fire activities on individual species, ecological communities and other nationally protected matters is available in policy statements, conservation advices and recovery plans:
What other tools are available to help me?Several tools are available to help you find what nationally protected matters are likely to occur in your area of interest. These tools include: |
URL | 查看原文 |
来源平台 | Department of the Environment and Energy |
文献类型 | 新闻 |
条目标识符 | http://119.78.100.173/C666/handle/2XK7JSWQ/218009 |
专题 | 资源环境科学 |
推荐引用方式 GB/T 7714 | admin. Bushfire management and national Environmental law. 2020. |
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