The Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) contains important provisions for the protection and conservation of shorebirds. 

There are a number of ways in which shorebirds are protected under the EPBC Act. 

Shorebird species may be directly protected as:

• listed threatened species
• listed migratory species
• listed marine species

Shorebird populations may also be protected by the EPBC Act if they:

• form part of the ecological character of a Ramsar wetland; or
• contribute to the values of a World Heritage property; or
• contribute to the values of a National Heritage place.

Listed threatened species, listed migratory species, Ramsar wetlands, World Heritage properties and National Heritage places are matters of national environmental significance under the EPBC Act.  Any action which will have, or is likely to have, a significant impact on a matter of national significance requires approval under the EPBC Act. 

The EPBC Act Policy Statement Significant Impact Guidelines 1.1 – Matters of National Environmental Significance contains criteria for assessing whether or not an action is likely to have a significant impact on a matter of national environmental significance. 

Under Part 13 of the EPBC Act it is an offence to take any of the following actions in Commonwealth areas without a permit:

• kill or injure a listed threatened species, listed migratory species or listed marine species; or
• take, trade, keep or move a member of a listed threatened species, listed migratory species, or listed marine species.

Shorebird habitat may be protected under the EPBC Act as critical habitat.  Under the EPBC Act, it is an offence for a person to take an action that the person knows will significantly damage the critical habitat of a listed threatened species, or listed threatened ecological community, if the critical habitat is in a Commonwealth area.

The EPBC Act also provides for the listing of key threatening processes.  The assessment of a threatening process as a key threatening process is the first step to addressing the impact of a particular threat under Commonwealth law. Once a threatening process is listed under the EPBC Act, a Threat Abatement Plan can be put into place if it is proven to be a feasible, effective and efficient way to abate the threatening process.  Examples of key threatening processes are: incidental catch (or bycatch) of seabirds during oceanic longline fishing operations; and, predation by feral cats.

Lists of Protected Species
The Australian Government Minister for the Environment and Heritage (Environment Minister) is required to maintain lists of various categories of protected species, including threatened species, migratory species and marine species and a list of key threatening processes.

The migratory species list includes:

• all species listed in the appendices to the Convention on the Conservation of Migratory Species of Wild Animals (1979)(the “Bonn Convention”) for which Australia is a “Range State” under the Convention;
• all species included on the lists established under the Japan-Australia Migratory Bird Agreement (1974) (“JAMBA”) and the China-Australia Migratory Bird Agreement (1986) (“CAMBA”); and
• all native species identified in a list established under an international agreement that has been approved by the Environment Minister (the Environment Minister can only approve an international agreement for these purposes if he/she is satisfied the agreement is relevant to the conservation of migratory species.

Any person can nominate a native species or ecological community for inclusion on the lists of threatened species or ecological communities.  The public can also nominate key threatening processes.  Nomination forms and a guide to filling out the form are available at: http://www.deh.gov.au/biodiversity/threatened/nominations/forms.html

The list of migratory species cannot include any species which are not included in the international agreements listed above, therefore public nominations of migratory species under the Act are not possible. 

Measures for the Conservation of shore birds under the EPBC Act
The EPBC Act provides for the development and implementation of Wildlife Conservation Plans. The Australian Government Department of the Environment and Heritage has prepared a Wildlife Conservation Plan for Migratory Shorebirds in consultation with relevant stakeholders. The aims are to provide a strategic framework for the management of migratory shorebirds in Australia and to outline national activities to support flyway initiatives.