How do I find out if a particular area is protected under environmental law?

Here's how you can find out if a particular area is protected under Australian environmental law, based on the provided legislation:

In Plain English

To figure out if a specific area has environmental protection, you'll generally need to do some digging and consult various resources. Here's a breakdown:

1. Check for National Environmental Significance: See if the area is a declared World Heritage property or a declared Ramsar wetland (wetlands of international importance). These are protected under the Environment Protection and Biodiversity Conservation Act 1999.
2. Commonwealth Land: If the area is Commonwealth land, any action that could significantly impact the environment there requires approval under the Environment Protection and Biodiversity Conservation Act 1999.
3. State and Territory Laws: Environmental protection often falls under state and territory laws. For example, in Norfolk Island, you'd look at the Environment Act 1990 (NI) and the associated "Code" to see if there are specific conservation values or minimum standards for approvals in that area.
4. Local Planning Provisions: Check local government planning schemes and land use designations. Areas designated for conservation, like national parks or conservation areas, have a higher level of protection National Environment Protection (Assessment of Site Contamination) Measure 1999.
5. Contaminated Sites: If the area is potentially contaminated, the level of protection will depend on its land use (e.g., ecological significance, residential, commercial/industrial) National Environment Protection (Assessment of Site Contamination) Measure 1999.
6. Aboriginal and Torres Strait Islander Heritage: Areas of significance to Indigenous Australians may be protected under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984.
7. Online Resources: Use online resources such as the referrals list provided by the Department of the Environment and Energy to search for specific actions or areas Actions Determined as Requiring Approval, Actions Determined as Not Requiring Approval, Assessment Approach, Decision on Approval, Variation of Conditions of Approval, Exemption.

Detailed Explanation

To determine if a particular area is protected under environmental law, consider the following:

1. Matters of National Environmental Significance (EPBC Act):

   • World Heritage Properties: Actions that have or are likely to have a significant impact on the world heritage values of a declared World Heritage property require approval under the Environment Protection and Biodiversity Conservation Act 1999. A property is a declared World Heritage property if it's on the World Heritage List or specified in a declaration by the Minister Environment Protection and Biodiversity Conservation Act 1999.
   • Ramsar Wetlands: Similarly, actions impacting declared Ramsar wetlands (wetlands of international importance) are regulated under the Environment Protection and Biodiversity Conservation Act 1999.
   • Commonwealth Land: Actions on or outside Commonwealth land that have or are likely to have a significant impact on the environment on Commonwealth land also require approval Environment Protection and Biodiversity Conservation Act 1999.

   • State and Territory Legislation:

   • Norfolk Island Example: The Environment Act 1990 (NI) demonstrates how a territory manages environmental approvals. Applications for land use are assessed based on conservation values and minimum standards specified in a "Code" Environment Act 1990 (NI).

   • Land Use and Contamination (National Environment Protection Measure):

   • The National Environment Protection (Assessment of Site Contamination) Measure 1999 outlines how contaminated sites are assessed and managed. The level of protection varies depending on the land use designation:

     • Areas of Ecological Significance: These areas (e.g., national parks) have the highest level of protection National Environment Protection (Assessment of Site Contamination) Measure 1999.
     • Urban Residential/Public Open Space: These areas have a moderate level of protection National Environment Protection (Assessment of Site Contamination) Measure 1999.
     • Commercial/Industrial Land: May have a lower level of protection, with consideration given to Human Health Investigation Levels (HILs) rather than Ecological Investigation Levels (EILs) in some cases National Environment Protection (Assessment of Site Contamination) Measure 1999.

   • Aboriginal and Torres Strait Islander Heritage Protection Act 1984:

   • This Act protects areas of significance to Aboriginal and Torres Strait Islander people. Applications can be made under section 10 of the Act to protect specific areas Amendment to notice of 13 October 2016 - Invitation to make representations on an application made under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 - Taylor Oval, Moree, New South Wales.

   • Environment Protection Orders:

   • Under the Environment Protection Reform Act 2025, the CEO may issue an environment protection order if they believe a person is contravening environmental laws and causing serious damage Environment Protection Reform Act 2025. This order can require the person to stop or change their activities to prevent further damage Environment Protection Reform Act 2025.

   • Online Resources and Public Notifications:

   • The Department of the Environment and Energy (now the Department of Climate Change, Energy, the Environment and Water) provides online resources and public notifications regarding environmental approvals, exemptions, and other relevant information Actions Determined as Requiring Approval, Actions Determined as Not Requiring Approval, Assessment Approach.

   • Referrals lists and notices of exemptions are available on the department's website Actions Determined as Requiring Approval, Actions Determined as Not Requiring Approval, Assessment Approach, Decision on Approval, Variation of Conditions of Approval, Exemption.