Actions Determined as Requiring Approval, Actions Determined as not Requiring Approval, Assessment Approach

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Commonwealth Parliament to address the need for a comprehensive and integrated approach to environmental protection and biodiversity conservation in Australia. The Act provides a framework for the protection of the environment, particularly matters of national environmental significance, by regulating activities that may have a significant impact on the environment. The policy objective of the Act is to ensure that the environment is protected and biodiversity is conserved through the implementation of effective and efficient regulatory mechanisms. In 2013, the Department of Sustainability, Environment, Water, Population and Communities issued several referrals for approval under Chapter 4 of the EPBC Act, which relate to various development projects across Australia. These referrals were made to ensure that the potential impacts of these projects on the environment and biodiversity are assessed and managed appropriately. The Department has implemented systems and ongoing quality assurance procedures to minimise any risk of missing a notification within the required timeframe. While the Department regrets any inconvenience caused by missed notifications, it assures that such instances have not affected subsequent processing of referrals or assessments, and do not affect decisions made.

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 actions by both private entities and government bodies that may impact on matters of national environmental significance. These include actions that may affect world heritage properties, listed threatened species and ecological communities, Ramsar listed wetlands, the marine environment, the ozone layer, and the atmosphere. The Act applies to the Commonwealth, its territories, and to actions taken outside Australia that affect Commonwealth interests. Certain actions are determined by the Minister to require approval under the EPBC Act, while others do not, depending on the potential environmental impact and other factors. The Act also provides for various assessment approaches and exemptions, and the scope of application may be extended or restricted through subordinate instruments such as regulations or guidelines. It is important for entities and individuals to understand the specific provisions of the EPBC Act and its regulations, as non-compliance can result in penalties and legal action.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) establishes a framework for the protection of the environment, particularly focusing on matters of national environmental significance. Under sections 75 and 87, the Act details actions that may require approval and the assessment approach for those actions, respectively. Section 75 outlines specific activities that require approval from the relevant Minister, including those that may impact listed threatened species and communities, and wetlands of international importance. Section 87 details the assessment approach for these actions, which may involve preliminary documentation or an accredited assessment process. For instance, the Ravenhall Prison Project in Victoria, which involves commercial development, is subject to an assessment approach under section 87, specifically preliminary documentation (reference 2013/6778). Similarly, the Kempfield Silver Project in New South Wales is assessed under preliminary documentation (reference 2013/6796). The Act also includes provisions for certain actions that do not require approval, as determined under section 75, such as the construction of a powerline by Ergon Energy Corporation Ltd in Queensland (reference 2013/6829). The EPBC Act imposes various obligations on the parties or entities it governs. These obligations include the requirement to provide detailed documentation and assessments for actions that may significantly impact matters of national environmental significance. For example, the City of Busselton must provide preliminary documentation for the Busselton Foreshore Redevelopment project (reference 2013/6830). Additionally, proponents of projects that may impact listed threatened species and communities, such as Argent (Kempfield) Pty Ltd for the Kempfield Silver Project, must ensure that their proposed actions do not adversely affect these environmental values (reference 2013/6796). The Act also requires the Department of Sustainability, Environment, Water, Population and Communities to implement quality assurance procedures to ensure timely and accurate notifications to the public regarding the processing of referrals and assessments. The EPBC Act includes provisions for offences and penalties in cases of non-compliance. Under the Act, breaches of its provisions can lead to civil or criminal penalties. For example, section 524 outlines that individuals or entities found to have contravened the Act may be subject to fines or imprisonment, with the maximum penalties varying depending on the severity of the offence. For instance, knowingly or recklessly causing harm to listed threatened species or communities can result in fines of up to $660,000 for individuals and $3.3 million for corporations, as well as imprisonment for up to five years (section 524). The Act aims to enforce compliance through these deterrents, ensuring that actions impacting the environment are conducted in accordance with the legislative requirements.