Review of Commonwealth Environmental Laws
Under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (Cwth), a development must be referred for Commonwealth assessment if there will be, or is likely to be, a "significant impact" on a matter of national environmental significance (MNES) such as a protected species, an ecological community or a world heritage area.
In addition to the Wet Tropics Queensland World Heritage Area and adjacent Great Barrier Reef Marine Park World Heritage Area, there are 3 Threatened Ecological Communities (TECs) found in the Daintree lowlands that are independently listed under the EPBC Act, each of which is designated as an MNES:
- Lowland tropical rainforest of the Wet Tropics - listed in the Endangered category under the EPBC Act
- Broad leaf tea-tree (Melaleuca viridiflora) woodlands in high rainfall coastal north QLD - listed in the Endangered category under the EPBC Act
- Littoral Rainforest and Coastal Vine Thickets of Eastern Australia - listed in the Critically Endangered category under the EPBC Act
Smaller individual developments, such as new houses, often do not require referral or assessment as the project alone may not trigger the "significant impact" threshold, and there is no requirement to comply with a Conservation Advice under the EPBC Act. Similarly, the Vegetation Management Act 1999 (Qld) and Planning Regulations 2017 (Qld) provide exemptions from state assessment for clearing where the clearing will occur on a lot smaller than 5ha. Instead, assessment by local government under the local planning scheme may be required. The Douglas Shire Planning Scheme Zones much of the TECs in the Daintree lowlands as "Conservation". However, houses and other "low impact" developments are permitted within precincts within the "Conservation" Zone.
While most individual developments in the Daintree lowlands that have a direct impact on at least one of these listed Threatened Ecological Communities may not meet the "significant impact" threshold to be referred and assessed under the EPBC Act, together they can cause significant harm to our environment. The federal government is currently reviewing the EPBC Act, providing a critical opportunity to address the “cumulative impacts” of development on Threatened Ecological Communities such as the Lowland tropical rainforest in the Daintree and to ensure stronger protections for threatened species.
The phrase “death by a thousand cuts” is familiar to anyone who has witnessed environmental decline. Nowhere is this more visible than in coastal regions, where unchecked development has destroyed ecosystems, degraded waterways, and reshaped coastlines beyond repair. These changes are often justified as the cost of “progress”—lifestyle choices, property ownership, and economic growth. But if left unaddressed, the cumulative toll is devastating.
Since the first State of the Environment report in 1996, and through subsequent reports, including the 2021 edition, a consistent message has emerged: Australia is facing an ongoing, compounded loss of biodiversity. Species extinctions, habitat destruction, declining waterways—these outcomes are driven not only by major projects, but by the accumulation of many smaller actions. Unlike single developments, these cumulative pressures are harder to assess, yet their impact is profound.
Some states and territories have begun to address this. Western Australia, Victoria, and the Northern Territory include provisions in law that recognise cumulative impacts. New South Wales, for example, requires consideration of the combined effects of development on sensitive coastal lakes. Yet how these measures align—or fail to align—with the federal EPBC Act remains unclear, raising questions about the effectiveness of the national framework.
Australia lags behind most developed nations in failing to include cumulative impacts in its national environmental impact assessment laws. The Samuel Review (2020) confirmed this gap, noting that while individual developments may have limited impacts, together they cause long-term, large-scale damage. His Recommendation 25 called for amendments to ensure cumulative impacts are fully considered in planning and decision-making.
At present, the EPBC Act narrowly protects MNES, leaving many other values to state laws. Even so, MNES should never be compromised by cumulative impacts. The Commonwealth must take responsibility, through stronger laws, recovery plans, policies, and adequate funding, rather than shifting this burden entirely onto states and local councils.
The Wentworth Group believes that the revised EPBC Act must explicitly include cumulative impacts. This requires inserting clear definitions into the Act and distinguishing between individual actions that are significant in their own right and smaller actions that, while individually minor, collectively cause major harm to MNES.
A key reform is the creation of a National Environmental Standard for Regional Planning. This would establish precautionary thresholds for MNES so that once thresholds are reached, further harmful actions must cease. Regional planning would also identify desirable future states for ecosystems, guiding zoning decisions and land-use activities. The proposed Environment Information Australia (EIA) and national Environment Protection Australia (EPA) bodies should maintain a register of cumulative impacts and monitor them at both project and regional levels.
Cumulative pressures in the Daintree are well documented, with rural residential development being a primary driver. These cumulative pressures are harming wetlands, rivers, and habitats—creating flow-on effects to adjacent world heritage sites. Climate change will only amplify these pressures. At the very least, the Australian Government must ensure the EPBC Act includes strong provisions to address cumulative impacts. Without this, we risk continuing the slow erosion of biodiversity, ecological health, and the natural heritage we are entrusted to protect, especially in the Daintree.