Environmental Law glossary
Environmental law in Australia is a mix of Commonwealth and state regimes — the EPBC Act 1999 (Cth) for matters of national environmental significance, and state Acts for pollution, planning, and biodiversity. This glossary covers 40 of the most commonly used terms.
This is a glossary of 40 key terms used in Australian environmental law. Each term has a plain-English definition and, where applicable, a reference to the underlying statute or leading authority. Use it as a reference for environmental approvals, compliance, and litigation.
Definitions
Assessment bilateral
An agreement between the Commonwealth and a state under the EPBC Act allowing state processes to assess impacts for Commonwealth approval purposes.
Biodiversity offset
A measure that compensates for residual impacts on biodiversity by protecting or restoring habitat elsewhere. A standard condition on major project approvals.
Catchment
The area of land from which water drains into a particular river or water body. Fundamental unit for water planning and pollution management.
Commonwealth Marine Area
A matter of national environmental significance under the EPBC Act covering Australia's exclusive economic zone and continental shelf beyond state waters.
Contaminated land
Land containing substances at concentrations presenting a risk of harm to human health or the environment. Subject to state contaminated land regimes.
Controlled action
An action that requires Commonwealth approval under the EPBC Act because it is likely to have a significant impact on an MNES.
Environmental Impact Statement (EIS)
A document assessing the environmental impact of a proposed action, typically required under state planning or Commonwealth EPBC processes.
Environmental offset
A measure that counterbalances the unavoidable impact of a proposed action on environmental values. A standard condition on major project approvals.
EPA licence
An environment protection licence issued by a state EPA authorising emissions, waste, or other scheduled activities subject to conditions.
EPBC Act
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) — the principal Commonwealth environmental statute, protecting matters of national environmental significance.
Habitat critical to survival
Habitat designated as critical to the survival of a listed threatened species or ecological community under the EPBC Act.
Heritage place
A place with World, National, or Commonwealth heritage listing, protected as an MNES under the EPBC Act.
Indirect impact
An impact that is a consequential rather than direct result of an action — for example, induced development. Considered in significance assessment.
Listed threatened species
A species listed under the EPBC Act as extinct, endangered, vulnerable, or conservation dependent. Triggers MNES protection.
Matters of National Environmental Significance (MNES)
The nine protected matters under the EPBC Act triggering Commonwealth approval if a significant impact is likely — for example, World Heritage, Ramsar, listed species.
Mitigation hierarchy
The preferred sequence for addressing environmental impacts: avoid, minimise, rehabilitate, offset. Applied in assessment and conditions.
Native vegetation
Indigenous flora protected under state legislation. Clearing typically requires approval under state land clearing regimes.
Non-compliance
Failure to comply with a condition of approval, licence, or statutory obligation. May attract penalty notices, prosecution, or remediation orders.
Open standing
Standing to bring environmental proceedings granted broadly by state environmental planning statutes — for example, s 123 of the EPA Act (NSW).
Point source
A stationary, identifiable source of pollution (for example, a pipe or stack). Contrasted with diffuse source. Licensed under state EPA regimes.
Pollution incident
An event resulting in the release of pollutants. Triggers statutory notification duties under POEO Act (NSW) and equivalents.
Precautionary principle
The principle that where there are threats of serious or irreversible damage, lack of full scientific certainty should not postpone cost-effective measures.
Principles of ESD
The principles of ecologically sustainable development — precautionary, intergenerational equity, biodiversity conservation, and improved valuation — guiding environmental decision-making.
Ramsar wetland
A wetland of international importance listed under the Ramsar Convention. Protected as an MNES under the EPBC Act.
Referral
A notification under s 68 of the EPBC Act describing a proposed action so the Minister can decide whether approval is required.
Remediation
Work undertaken to remediate contaminated land to a standard suitable for intended use. May be voluntary or required by order.
Scheduled activity
An activity listed in a schedule to state environment protection legislation requiring a licence before commencing.
Significance assessment
The process of determining whether an action is likely to have a significant impact on an MNES — triggers the EPBC controlled action decision.
Site audit
An independent review of contaminated land investigation and remediation by an accredited auditor. Provides certification of suitability for use.
Species impact statement (SIS)
A statement under state biodiversity legislation assessing impacts on threatened species for projects outside the biodiversity offsets scheme.
Strategic assessment
An EPBC Act tool enabling assessment of impacts of a policy, plan, or program at a landscape scale — an alternative to project-by-project assessment.
Strict liability
A form of liability where the prosecution need not prove fault. Many environmental offences are strict liability offences.
Sustainable use principle
The principle that natural resources should be used in a way that maintains their potential to meet present and future needs.
Third-party appeal
A statutory right of objectors to challenge environmental or planning decisions in a specialist tribunal or court. Varies by jurisdiction.
Threatened ecological community
A community listed under the EPBC Act or state legislation as critically endangered, endangered, or vulnerable. Protected as an MNES.
Tier 1 offence
The most serious category of environmental offence under state legislation — typically requires wilfulness or negligence and attracts the highest penalties.
Voluntary remediation
Remediation of contaminated land undertaken voluntarily rather than under a clean-up notice or management order.
Water access licence
A licence under state water management legislation granting a share in the available water resource from a specified source.
Wetland
An area of marsh, fen, peatland, or water. Certain wetlands (Ramsar) are MNES; others protected under state biodiversity regimes.
World Heritage property
A property listed on the World Heritage List under the World Heritage Convention. Protected as an MNES under the EPBC Act.
Research these terms in context
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These definitions are general explanations for educational purposes — not legal advice. Always verify against current legislation and case law before relying on them in a client matter.
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