AustraliaMy neighbour's development project is destroying a wetland habitat. Can I take legal action?
Yes, you may be able to take legal action under federal or state environmental laws — especially if the wetland is listed under the EPBC Act or protected under state legislation.
What the Law Says
Australia’s environmental protection framework includes both federal and state laws that may apply when a wetland habitat is harmed by development. The key federal law is the Environment Protection and Biodiversity Conservation Act 1999 (Cth), which protects matters of national environmental significance — including listed wetlands of international importance (Ramsar wetlands). State laws also provide protections, but the EPBC Act allows certain individuals and organisations to seek injunctions or other remedies.
Under the EPBC Act, it is an offence to take an action that has, will have, or is likely to have a significant impact on a matter of national environmental significance — such as a Ramsar wetland — without approval from the Federal Environment Minister.
The Act gives 'persons' (including individuals and environmental groups) the right to apply to the Federal Court for an injunction to stop unlawful actions. To do so, the person must have been involved in a 'substantial way' in the conservation of the environment.
Before filing court proceedings, you must give at least 7 days’ written notice to the alleged offender and the Minister — unless the court waives this requirement in urgent cases.
Statutory TextA person may apply to the Federal Court for an injunction… if the person alleges that another person is contravening, or has contravened, a provision of this Act.
— Environment Protection and Biodiversity Conservation Act 1999 (Cth), s. 487 — Injunctions
Statutory TextA person is eligible to make an application… if the person has been involved in a substantial way, over a period of at least two years, in the conservation of the environment.
— Environment Protection and Biodiversity Conservation Act 1999 (Cth), s. 487(2)(a)
Statutory TextThe maximum penalty for an individual is imprisonment for 7 years or a fine of 3000 penalty units… for a body corporate, 30,000 penalty units.
— Environment Protection and Biodiversity Conservation Act 1999 (Cth), s. 486 — Offences
What to Do
Check if the wetland is listed as a Ramsar site or protected under state law (e.g., NSW Biodiversity Conservation Act 2016 or Vic Flora and Fauna Guarantee Act 1988).
Gather evidence: photos, maps, expert reports, and records of impacts (e.g., vegetation loss, water flow changes).
Send a formal written notice (7 days minimum) to your neighbour and the Federal Environment Minister outlining concerns and intent to seek an injunction.
Consult an environmental lawyer or contact an NGO like the Environmental Defenders Office (EDO) — they may assist or represent you.
File an application for an injunction in the Federal Court under section 487 of the EPBC Act, if no resolution occurs.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.