Environment Protection and Biodiversity Conservation Act 1999 provides for the
protection of the environment, especially those aspects of the environment that are
matters of national environmental significance. It promotes ecologically sustainable
development through the conservation and ecologically sustainable use of natural
resources and promotes the conservation of biodiversity. It is implemented on a
co-operative basis with the states to manage the environment with the involvement
of governments, the community, land holders and Indigenous peoples. Importantly, it
assists in the co-operative implementation of Australia’s international environmental
responsibilities and recognizes the role of Indigenous people in the conservation and
ecologically sustainable use of Australia’s biodiversity.
65 It promotes the use of
Indigenous peoples’ knowledge of biodiversity and land management with the
involvement of, and in co-operation with, the owners of the knowledge. The Envi
ronment Protection and Biodiversity Conservation Act 1999 is based on the principles of ecologically sustainable development and its decision-making processes
effectively integrate both long-term and short-term economic, environmental, social
and equitable considerations. Importantly, this law is structured on three key principles of international environmental law, being
66 :
• The precautionary principle—if there are threats of serious or irreversible envi
ronmental damage, lack of full scientific certainty should not be used as a reason
for postponing measures to prevent environmental degradation.
• The principle of intergenerational equity—that the present generation should
ensure that the health, diversity and productivity of the environment are
maintained or enhanced for the benefit of future generations.
• The principle of biological diversity—the conservation of biological diversity
and ecological integrity should be a fundamental consideration in decisionmaking.
The Natural Heritage Trust of Australia Act 1997 established the Natural Heritage
Trust of Australia Account, which is the main repository of the AUD1.35 billion
from the partial sale of Australia’s public communication organisation. The main
65 The Commonwealth Environment Protection and Biodiversity Conservation Act 1999 introduce
into Australian law many aspects of key global treaties, including the 1992 Biological Diversity
Convention; 1992 United Nations Framework Convention for Climate Change, 1995 United
Nations Convention to Combat Desertification; Note, “biological diversity” is defined in various
state laws e.g. in Section 10 of the Queensland Nature Conservation Act 1992 it is defined as (1) ‘the
natural diversity of native wildlife, together with the environmental conditions necessary for their
survival, and includes (a) regional diversity, that is, the diversity of the landscape components of a
region, and the functional relationships that affect environmental conditions within ecosystems; and
(b) ecosystem diversity, that is, the diversity of the different types of communities formed by living
organisms and the relations between them; and (c) species diversity, that is, the diversity of species;
and (d) genetic diversity, that is, the diversity of genes within each species’. Section 10(2) specifies
that ‘in subsection (1) landscape components includes landforms, soils, water, climate, wildlife and
land uses’.
66 Hannam and Boer (2004) Section II, International principles for drafting national soil
legislation, p. 21.
200
I. Hannam
protection of the environment, especially those aspects of the environment that are
matters of national environmental significance. It promotes ecologically sustainable
development through the conservation and ecologically sustainable use of natural
resources and promotes the conservation of biodiversity. It is implemented on a
co-operative basis with the states to manage the environment with the involvement
of governments, the community, land holders and Indigenous peoples. Importantly, it
assists in the co-operative implementation of Australia’s international environmental
responsibilities and recognizes the role of Indigenous people in the conservation and
ecologically sustainable use of Australia’s biodiversity.
65 It promotes the use of
Indigenous peoples’ knowledge of biodiversity and land management with the
involvement of, and in co-operation with, the owners of the knowledge. The Envi
ronment Protection and Biodiversity Conservation Act 1999 is based on the principles of ecologically sustainable development and its decision-making processes
effectively integrate both long-term and short-term economic, environmental, social
and equitable considerations. Importantly, this law is structured on three key principles of international environmental law, being
66 :
• The precautionary principle—if there are threats of serious or irreversible envi
ronmental damage, lack of full scientific certainty should not be used as a reason
for postponing measures to prevent environmental degradation.
• The principle of intergenerational equity—that the present generation should
ensure that the health, diversity and productivity of the environment are
maintained or enhanced for the benefit of future generations.
• The principle of biological diversity—the conservation of biological diversity
and ecological integrity should be a fundamental consideration in decisionmaking.
The Natural Heritage Trust of Australia Act 1997 established the Natural Heritage
Trust of Australia Account, which is the main repository of the AUD1.35 billion
from the partial sale of Australia’s public communication organisation. The main
65 The Commonwealth Environment Protection and Biodiversity Conservation Act 1999 introduce
into Australian law many aspects of key global treaties, including the 1992 Biological Diversity
Convention; 1992 United Nations Framework Convention for Climate Change, 1995 United
Nations Convention to Combat Desertification; Note, “biological diversity” is defined in various
state laws e.g. in Section 10 of the Queensland Nature Conservation Act 1992 it is defined as (1) ‘the
natural diversity of native wildlife, together with the environmental conditions necessary for their
survival, and includes (a) regional diversity, that is, the diversity of the landscape components of a
region, and the functional relationships that affect environmental conditions within ecosystems; and
(b) ecosystem diversity, that is, the diversity of the different types of communities formed by living
organisms and the relations between them; and (c) species diversity, that is, the diversity of species;
and (d) genetic diversity, that is, the diversity of genes within each species’. Section 10(2) specifies
that ‘in subsection (1) landscape components includes landforms, soils, water, climate, wildlife and
land uses’.
66 Hannam and Boer (2004) Section II, International principles for drafting national soil
legislation, p. 21.
200
I. Hannam