Actions Determined as Not Requiring Approval, Decision on Approval and Variation of Conditions of Approval

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Commonwealth Parliament to address the need for a coordinated national approach to the protection of the environment, particularly with respect to matters of national and international significance. The EPBC Act aims to provide for the protection of the environment, heritage, and biodiversity by regulating activities that may have a significant impact on these areas. One of the key policy objectives of the Act is to ensure that decisions about proposed actions that may significantly impact the environment are made in a transparent, accountable, and ecologically sustainable manner. The Act establishes a framework for assessing and approving certain activities that may impact the environment, including those that are proposed to be carried out on Commonwealth land or that involve matters of national environmental significance. The Department of the Environment and Energy is responsible for administering the EPBC Act and ensuring compliance with its provisions. The Department has implemented systems and quality assurance procedures to minimise the risk of missed notifications and to ensure transparency in the referral and approval process. The Department acknowledges that missed notifications may occasionally occur and commits to notifying the public of such instances, even if the timeframe for notification has lapsed, to maintain the integrity of the referral history. Despite any delays in notification, the Department assures that such instances do not affect the processing of referrals or the decisions made under the Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of activities and entities across Australia, including individuals, companies, and government bodies, with a focus on protecting and conserving Australia's environment, particularly biodiversity and heritage sites. The Act applies to actions that may impact matters of national environmental significance, such as World Heritage properties, listed threatened species and ecological communities, and Ramsar-listed wetlands. The scope of the Act extends to actions that require approval under the Act, such as actions that may have a significant impact on the environment, as well as actions that are determined not to require approval. The Act applies across Australia, including Commonwealth, state and territory jurisdictions, as well as actions that occur outside Australia's territorial limits. The Act may also be extended or restricted through subordinate instruments, such as regulations and codes of practice. However, the Act does not apply to some actions, such as those related to national security or certain activities conducted by the Commonwealth. Additionally, certain exemptions and thresholds may apply to reduce the administrative burden on entities subject to the Act.

Key Provisions

The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) outlined in the Gazette reference C2019G00189 include sections 75, 133, and 143. Section 75 pertains to actions determined as not requiring approval, where certain activities are assessed and deemed not to impact significantly on matters of national environmental significance. Section 133 covers the decision on approval for projects that require a detailed assessment, where the Minister may approve the project with conditions or refuse approval if the project is likely to have a significant environmental impact. Section 143 allows for the variation of conditions of approval, where the Minister may amend the conditions of an approval to address issues that arise after the approval was granted. The Act imposes various obligations and requirements on the parties or entities it governs. For example, proponents of actions that may impact on matters of national environmental significance must refer their proposals to the Minister for approval under Section 7.5 of the Act. If approval is granted, proponents must adhere to the conditions of approval and submit environmental management plans. The Act also requires proponents to engage in consultation with relevant stakeholders and provide detailed information about the potential environmental impacts of their proposals. Additionally, the Act mandates the Department of the Environment and Energy to implement quality assurance procedures to ensure that notifications are made within the required timeframes. Breach of the Act’s provisions may result in offences, penalties, or civil/criminal consequences. For example, failure to comply with the conditions of approval may result in fines of up to $66,600 per day for individuals and $333,000 per day for corporations. Additionally, the Act provides for criminal penalties for offences such as unauthorised entry onto Commonwealth land or damaging or destroying matters of national environmental significance. The maximum penalty for these offences is imprisonment for up to two years or a fine of up to $22,200 for individuals and $111,000 for corporations. Furthermore, the Act provides for civil penalties for breaches of environmental management plans or failure to comply with environmental impact assessment requirements. The maximum penalty for these offences is a fine of up to $1.1 million for individuals and $5.5 million for corporations.