Why the environment protection and biodiversity conservation Act's referral, assessment and approval process is failing to achieve its environmental objectives

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) constitutes an improvement on previous Commonwealth environmental law, particularly the Environment Protection (Impact of Proposals) Act 1974 (Cth) and the Endangered Species Protection Act 1992 (Cth). Among other things, it introduced a new Commonwealth referral, assessment and approval process that is intended to provide protection for the so called "matters of national environmental significance", the environment on Commonwealth land and the environment generally where the relevant action is taken by the Commonwealth or a Commonwealth agency. This process is also intended to promote the ecologically sustainable use of natural resources and the conservation of biodiversity. However, after four years, there is mounting evidence that the referral, assessment and approval process is failing to achieve its environmental objectives. This article presents statistics on the operation of the referral, assessment and approval process between 16 July 2000 and 30 September 2003 and analyses why this process is failing to achieve its environmental objectives. The conclusion is reached that dramatic changes are required in both the way the EPBC Act is being administered and the structure of the referral, assessment and approval process if the objectives of this process are to be realised.