Environmental crime
On this page:
- What is environmental crime?
- Environmental law
- Agencies involved in investigation of environmental crime
- Reporting environmental crime
- Related websites
What is environmental crime?
Activities that may constitute an environmental crime under Commonwealth law include:
- Actions that have a ‘significant impact’on a World Heritage site, a listed threatened species, listed ecological communities or migratory species
- Killing, injuring, taking or trading a listed threatened species, listed ecological communities, listed migratory species or listed marine species
- Unlawful import or export of CITES listed species
- Unlawful import or export of protected Australian and foreign cultural heritage objects, including fossils, Indigenous Art, medals and stamps;
- Unlawful import or export of hazardous waste
- Breaches of quarantine laws
- Pollution caused by shipping in Commonwealth waters, and
- Illegal fishing activity in Commonwealth waters, including foreign fishing vessels.
Environmental law
Environmental offences under Commonwealth legislation are found in a number of different acts. Some of these include:
- Environment Protection and Biodiversity Act 1999
- Protection of Moveable Cultural Heritage Act 1986
- Fuel Quality Standards Act 2000
- Hazardous Waste Act 1989
- Fisheries Management Act 1991, and
- Quarantine Act 1908 (and regulations).
Agencies involved in investigation of environmental crime
The protection of the Australian environment is an issue the Australian Government and the AFP takes very seriously. A number of Australian Government departments have a role to play in the detection and enforcement of laws designed to protect our environment.
Australian Federal Police
The Australian Federal Police (AFP) is the primary law enforcement agency responsible for investigating crimes against the Commonwealth of Australia. The AFP will take a lead role in the investigation of the environmental crime where the complexity, sensitivity or degree of harm caused to the environment necessitates the AFP’s involvement as the lead investigating authority.
In general the AFP implements a joint agency approach to investigations into environmental crime, enabling the specialist capabilities and resources of other agencies to be utilised. This approach is effective in ensuring the best outcome for the environment and the Australian community.
Department of the Environment, Water, Heritage and the Arts
The Department of the Environment, Water, Heritage and the Arts is the Australian Government agency responsible for administering most of the Commonwealth Acts relating specifically to the environment. The Department investigates matters that have a ‘significant impact’ on aspects of the environment that are nationally significant, cultural heritage matters and import/export of threatened species.
Australian Customs Service
The Australian Customs Service (Customs) is the Australian Government agency that manages the security and integrity of Australia’s borders. Customs plays an important role in detecting and investigating the illegal movement of environmental and heritage goods.
Australian Fisheries Management Authority (AFMA)
The Australian Fisheries Management Authority (AFMA) is the statutory authority responsible for the detection and investigation of illegal activities by both domestic and foreign fishing boats in the Australian Fishing Zone (AFZ) and Commonwealth managed fisheries.
Australian Maritime Safety Authority (AMSA)
Australian Maritime Safety Authority (AMSA) is responsible for the enforcement of environmental standards for ships in Commonwealth jurisdiction. This generally relates to pollution such as oil spills and waste caused by shipping.
Australian Quarantine and Inspection Service (AQIS)
Australian Quarantine and Inspection Service (AQIS) detect, investigate and prosecute where export or quarantine laws are breached. Australia's export and quarantine laws are there to protect Australia's animal, plant, human health and the environment.
State government agencies
State government environment and resource agencies have a key role in ensuring the protection of the environment. Where matters do not relate to Commonwealth law or are not matters of national environmental significance, the state agencies would normally be the most appropriate level of government to investigate environmental offences.
Reporting environmental crime 
If you have information relating to actions that may harm or have the potential to cause harm to the Australian environment or alleged breaches of Commonwealth environment laws, you should report this directly to the appropriate Australian Government department (contact details for each can be found via the website links below).
If you are unsure where to report information then it can be sent to Crime stoppers
Related websites
- Department of the Environment, Water, Heritage and the Arts
- Australian Customs Service website
- Australian Fisheries Management Authority website
- Australian Maritime Safety Authority website
- Australian Quarantine and Inspection Service website
Definitions
- Significant impact
- This can include actions which will or are likely to decrease the survival of a threatened species. (The complete criteria, for assessing ‘significant impacts’ can be obtained from the Department of the Environment, Water, Heritage and the Arts.)
- CITES
- The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is an international agreement designed to ensure that international trade in wild plants and animals does not threaten their survival. Australia is a signatory to CITES.