Actions Determined as Requiring Approval, Actions Determined as Not Requiring Approval and Assessment Approach

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Commonwealth Parliament to address the need for a unified national framework for the protection of the environment, particularly in relation to matters of national environmental significance. This Act aims to provide for the protection of the environment, heritage, and biodiversity, and to establish a regulatory framework that can be applied consistently across Australia. The policy objective of the Act is to integrate environmental considerations into decision-making processes at all levels of government and to provide a mechanism for the protection of the environment, including listed threatened species, communities, and migratory species, from the impacts of proposed actions. The Act ensures that the Commonwealth's environmental responsibilities are effectively discharged, and it provides a means for the public to be informed and involved in environmental decision-making processes.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of entities and conduct across various industries, with a focus on projects that may impact matters of national environmental significance. This includes listed threatened species and communities, listed migratory species, world heritage properties, and other areas deemed critical for environmental protection under the Commonwealth. The Act applies to projects undertaken by private entities, public authorities, and individuals if these projects require approval under the EPBC Act. This geographic reach is national, as it applies to actions throughout Australia and its external territories. Certain actions may be exempt from the Act’s requirements, such as activities listed in the regulations or those undertaken under specific state or territory legislation that meets certain criteria. The EPBC Act also allows for the creation of subordinate instruments to further define the scope of its application, including thresholds and exemptions. The Act’s broad application ensures comprehensive environmental oversight, though specific exclusions and exemptions are detailed in the regulations and legislative instruments.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the assessment and approval of certain actions that may impact matters of national environmental significance. Sections 75 and 87 of the Act are particularly relevant in determining whether an action requires approval. Section 75 outlines the actions that are determined to require approval, while section 87 sets out the assessment approach for those actions. The Act imposes various obligations on parties or entities involved in actions that may impact matters of national environmental significance. These obligations include providing preliminary documentation and information as required, participating in the assessment process, and complying with any conditions or requirements imposed by the Minister responsible for the EPBC Act. The Act also requires the Department of the Environment and Energy to implement systems and ongoing quality assurance procedures to ensure timely and accurate notifications to the public regarding the processing of referrals for approval. Failure to comply with the obligations and requirements of the EPBC Act may result in civil and criminal consequences. Section 528 of the Act outlines various offences and associated penalties, which can include fines of up to $66,000 for individuals and $330,000 for corporations, as well as imprisonment for up to five years. Additionally, section 528A imposes stricter penalties for offences that involve serious or repeated non-compliance, including fines of up to $660,000 for individuals and $3.3 million for corporations, as well as imprisonment for up to ten years. It is important to note that the Department of the Environment and Energy has implemented measures to minimise the risk of missed notifications within the required timeframe. However, in cases where a missed notification is identified, the practice is to notify the public even if the timeframe for notification has lapsed. This ensures that the history of notifications for each referral is available to the public. The Department regrets any inconvenience caused by missed notifications and assures that such instances do not affect subsequent processing of referrals or assessments, nor do they influence decisions made under the EPBC Act.