Actions Determined as Requiring and Not Requiring Approval, Assessment Approach, Decision on Approval, Notice of Extension of Time and Lapsed Proposals

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation in Australia. This legislation provides a framework for the protection of the environment, particularly focusing on matters of national environmental significance, such as World Heritage properties, National Heritage sites, listed threatened species and ecological communities, and water resources. The EPBC Act is administered by the Australian Parliament and aims to ensure that development projects that may have significant environmental impacts are assessed and managed appropriately. The Act seeks to balance economic development with environmental protection, promoting sustainable use of natural resources while safeguarding Australia's unique biodiversity and cultural heritage. The Act includes provisions for the referral, assessment, and approval of certain actions that may impact the environment, with the overarching goal of preventing significant harm to the environment and promoting the conservation of biodiversity. The Department of the Environment plays a key role in administering the EPBC Act, ensuring that the necessary assessments and approvals are carried out in a timely and effective manner. Despite the implementation of quality assurance procedures to minimize missed notifications, the Department acknowledges the possibility of occasional delays and commits to notifying the public of any missed notifications to maintain transparency and public trust.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of entities and actions across Australia, with its provisions extending to matters of national environmental significance. The Act regulates activities that may have a significant impact on the environment, including those that affect World Heritage properties, National Heritage places, listed threatened species and ecological communities, listed migratory species, the Great Barrier Reef Marine Park, and water resources in relation to coal seam gas and large coal mining developments. The Act applies to both public and private entities, including corporations, individuals, and government bodies, and it encompasses a variety of industries such as mining, energy, commercial development, and natural resource management. The geographic scope of the Act is national, as it is a Commonwealth Act, and its provisions are applicable throughout all states and territories of Australia. The Act also extends its application through subordinate instruments, such as regulations and codes of practice, which provide further detail and guidance on specific aspects of environmental management and protection. While the Act is comprehensive, certain exclusions and exemptions exist, such as activities that are subject to accredited assessment processes under state or territory legislation, or actions determined not to require approval under the Act.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the "Act") governs various actions that require approval, with specific provisions under sections such as 12, 15A, 18, 18A, 20, 20A, 24B, 24C, 24D, and 24E. These sections address the protection of World Heritage, National Heritage, threatened species and communities, migratory species, and water resources, among other things. For example, actions involving commercial developments near the Great Barrier Reef, natural resources management, and mining projects are subject to these provisions (s.75). Entities and parties involved in these activities must ensure compliance with the requirements set forth under the Act to avoid any legal repercussions. Entities and parties subject to the Act must adhere to a set of obligations and requirements to ensure compliance with the Act. These obligations may include conducting environmental assessments, obtaining necessary approvals, and implementing appropriate mitigation measures. For example, Aquis Resort at The Great Barrier Reef Pty Ltd must ensure that its commercial development project near the Great Barrier Reef adheres to the provisions outlined in sections 12 and 15A of the Act (s.87). Similarly, the WA Department of the Premier and Cabinet must comply with sections 18 and 18A in relation to their Shark Hazard Mitigation Drum Line Program. Breaches of the Act may result in various consequences, including both civil and criminal penalties. The maximum penalties for such breaches can vary depending on the nature and severity of the offence. For example, a person found guilty of an offence under the Act may be subject to fines of up to AUD 1.1 million for a corporation or AUD 220,000 for an individual (s.133). Additionally, the Director of Public Prosecutions may initiate proceedings in the Federal Court for injunctive relief or damages. The Act also provides for the possibility of imprisonment for certain offences, with the maximum term varying depending on the specific offence committed. The Department of the Environment acknowledges that some public notifications on the Internet and in the Gazette relating to the processing of referrals for approval under Chapter 4 of the Act may occasionally be missed in processing or may not meet the required timeframes for notification. However, the Department has implemented systems and ongoing quality assurance procedures to minimise any risk of missing a notification within the required timeframe (s.155). In instances where a missed notification is identified, the Department will notify the public, even if the timeframe for notification has lapsed, to ensure that the history of notifications for each referral is available to the public. The Department regrets any inconvenience that may be caused by a missed notification and assures that it has not affected subsequent processing of referrals or assessments and does not affect decisions made.