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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to address the need for a comprehensive framework for the protection of the environment, particularly focusing on matters of national environmental significance. This Act aims to provide for the protection of the environment, heritage places, wildlife, and cultural heritage, as well as to regulate activities that may cause significant environmental impact. The EPBC Act serves as a crucial tool in the Australian Government's effort to manage and protect the nation's natural resources and biodiversity, ensuring that development and other activities are balanced with environmental conservation. The Department of the Environment and Energy is responsible for administering the Act, and its policy objective is to safeguard Australia's environment and heritage while facilitating sustainable development. The EPBC Act plays a pivotal role in addressing environmental concerns across the nation, and it ensures that proposed actions which may have a significant impact on the environment are assessed and managed appropriately. Through the Act, the Australian Government can approve, modify, or deny proposed actions that are likely to have a substantial environmental impact, thereby maintaining a delicate balance between economic development and environmental protection. This legislation underscores the importance of considering the long-term effects of human activities on the environment and heritage, and it seeks to foster a culture of environmental stewardship and responsibility.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of actions, entities, and industries within Australia, focusing on the protection and conservation of the environment, particularly in relation to biodiversity, threatened species, and ecological communities. This federal Act governs actions that may have a significant impact on matters of national environmental significance, which include the World Heritage properties, national heritage places, wetlands of international importance, listed threatened species and communities, the Great Barrier Reef, nuclear actions, and the environment of the Commonwealth marine area and the external territories. The Act applies to individuals, corporations, and other entities that propose to undertake actions that are classified as controlled actions, which require approval under the Act. The scope of the Act is national, extending across all states and territories, and it also has extraterritorial reach to certain Commonwealth marine areas and external territories. The EPBC Act delineates specific exclusions and thresholds to define its application more precisely. Certain actions, termed non-controlled actions, are exempt from the Act provided they are undertaken in a particular manner, as specified in subordinate legislation or guidelines. The Act also includes mechanisms for varying the conditions of approval for certain actions, as seen in cases such as the variation of conditions for vegetation clearing for high-value cropping. The Act’s reach is further extended through subordinate instruments, which detail specific provisions, conditions, and exemptions that refine and elaborate on the primary legislation. Despite occasional missed notifications by the Department of the Environment and Energy, these do not impact the processing or outcomes of referrals and approvals under the Act.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) sets out the framework for the protection of the environment and biodiversity in Australia. Under sections 75 and 143 of the Act, certain actions are identified as requiring approval, while others are determined not to require approval if they are undertaken in a specific manner. Section 75 of the EPBC Act specifies the actions that require approval, such as mining activities in the Myalup State Forest (2019/8533), which may impact listed threatened species and communities. Section 143 of the Act provides for the variation of conditions of approval for actions that have been approved under the Act, such as vegetation clearing for high value cropping in Queensland (2016/7838). The EPBC Act imposes various obligations and requirements on parties or entities that it governs. For example, proponents of actions requiring approval must submit a referral to the Department of the Environment and Energy for assessment and may be required to undertake environmental impact assessments, consult with relevant stakeholders, and implement mitigation measures to minimise the impact of their actions on the environment. The Act also requires proponents of actions that do not require approval to undertake them in a manner that does not harm the environment or biodiversity. The Department of the Environment and Energy has implemented systems and ongoing quality assurance procedures to ensure that notifications relating to the processing of referrals for approval under Chapter 4 of the Act are made within the required timeframe. Failure to comply with the requirements of the EPBC Act may result in offences, penalties, or civil or criminal consequences. For example, unauthorised actions that harm listed threatened species or communities may result in fines of up to AUD 1.1 million for individuals and AUD 5.5 million for corporations, as well as imprisonment for up to five years. The Act also provides for the imposition of civil penalties for breaches of conditions of approval, with maximum penalties of AUD 660,000 for individuals and AUD 3.3 million for corporations. In addition, the Act provides for the enforcement of environmental offences through the courts, which may result in fines, imprisonment, or both. It is important for parties or entities governed by the EPBC Act to be aware of their obligations and requirements under the Act to avoid any potential penalties or consequences.