Actions Determined As Not Requiring Approval, Decision on Approval, Variation of Conditions of Approval, Notice of Extension of Time and Lapsed Proposals

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly matters of national environmental significance, by controlling actions that have, will have or might have a significant impact on the environment. This Act was introduced to address the need for a comprehensive and coordinated approach to environmental protection and biodiversity conservation in Australia, ensuring that development and resource use are balanced with environmental sustainability. The Act is administered by the Commonwealth Parliament, with the Department of the Environment playing a key role in its implementation. The overarching policy objective of the Act is to protect and manage Australia's biodiversity and environment, including by regulating activities that could potentially harm environmental values, and to promote ecologically sustainable development.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to actions that may have a significant impact on matters of national environmental significance, including World Heritage properties, listed threatened species and ecological communities, wetlands of international significance, and the marine environment. The Act applies to both individuals and entities proposing to undertake actions, including projects, activities, or developments that may affect these environmental matters. The geographical reach of the Act is nationwide, applying to actions across Australia, including those in Commonwealth areas, and actions that may impact upon matters of national environmental significance regardless of location. The Act’s application can be extended or restricted through subordinate instruments, such as regulations or codes of practice, which provide further detail on specific actions or industries. There are certain exclusions and exemptions within the Act, such as actions that are already covered by other Commonwealth, state, or territory laws, or actions that are deemed to have insignificant environmental impacts. The Department of the Environment is responsible for managing the notification and assessment process under the EPBC Act, including issuing public notifications and decisions on approval, variations, and lapsed proposals, as outlined in the Gazette.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides the framework for the protection of the environment and the conservation of biodiversity in Australia. Key sections of the Act include s.75, which outlines actions determined as not requiring approval, and s.133, which details the decision on approval for controlled actions. The Act also includes provisions for varying conditions of approval (s.143) and extending the time for making decisions (s.130(4)). Additionally, s.155 deals with lapsed proposals. Under the EPBC Act, certain actions are deemed not to require approval if they are carried out in a specific manner. For example, actions such as the expansion of the Noosa Civic Centre in Queensland (reference 2015/7450) or the Bulgana Wind Farm in Victoria (reference 2015/7460) may not need approval provided they adhere to the specified provisions and manner. Furthermore, the Act mandates that controlled actions, such as the removal of heritage buildings at RAAF Base Amberley (reference 2014/7123) or the Knox Creek Plain irrigation development in Western Australia (reference 2014/7143), must receive approval, which may come with certain conditions. The Act imposes several obligations on parties and entities it governs. For instance, entities must ensure that any actions that could impact the environment or biodiversity are assessed and, if necessary, approved under the Act. This includes submitting detailed proposals for controlled actions and adhering to any conditions set by the approving authority. Additionally, entities must notify the Department of the Environment of any variations to the conditions of approval and comply with any additional requirements stipulated. The EPBC Act outlines various offences and penalties for breaches. Unauthorized actions that contravene the Act may result in both civil and criminal penalties. Civil penalties can include fines, while criminal penalties may involve imprisonment. For instance, individuals or entities that fail to comply with the Act’s requirements may face substantial fines. The maximum penalties can vary depending on the nature and severity of the breach. The Act ensures that there are consequences for non-compliance to uphold environmental protection and biodiversity conservation.