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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the problem of environmental protection and biodiversity conservation across Australia. This Act was introduced to provide a comprehensive framework for the protection and management of the environment, including listed threatened species, communities, and heritage places. The EPBC Act is administered by the Australian Government and aims to ensure that development and other activities are managed in a way that balances environmental protection with economic and social needs. The Act establishes a system for the assessment and approval of actions that may have significant environmental impacts, ensuring that these actions are subject to rigorous evaluation and oversight. The Department of the Environment plays a key role in the administration of the Act, including the processing of referrals and the notification of decisions to the public.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of entities and actions that may impact on matters of national environmental significance, as defined under the Act. This includes actions that may affect World Heritage properties, National Heritage places, listed threatened species and ecological communities, and other environmental matters of national importance. The EPBC Act applies across Australia and to Australian citizens and entities both domestically and abroad. Specific exclusions and exemptions may apply, such as to actions already regulated under other Australian legislation, or where a project is deemed to have minimal environmental impact. The Act also allows for the creation of subordinate instruments to further define the application and administration of the Act, such as through the setting of thresholds or detailed criteria for assessing environmental impacts. The geographic scope of the Act is national, with jurisdiction extending to all Australian territories, including state and Commonwealth areas, and it also applies extraterritorially to actions of Australian persons and entities overseas that impact on matters of national environmental significance.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection and management of environmental values in Australia. Key provisions of the Act include the identification and protection of listed threatened species and communities (sections 18 and 18A), World Heritage (sections 12 and 15A), and National Heritage (sections 15B and 15C). Under section 75, certain actions are determined to require approval, while others do not (section 75). For instance, the Bruce Highway upgrade and realignment project (reference 2014/7394) in Queensland requires approval under the EPBC Act, while the expansion of Redlynch Quarry in Cairns (reference 2014/7397) does not. Similarly, the Ellis Beach holiday accommodation and ancillary development project (reference 2013/6854) in Queensland also requires approval, whereas the residential development at Lot 608 Dixon Road in Kalamunda, Western Australia (reference 2014/7389), does not. The EPBC Act imposes obligations on the parties or entities it governs to ensure compliance with the Act and to protect and conserve the environment. For example, proponents of actions that require approval must submit a referral for assessment and approval by the Department of the Environment (section 75). The department will assess the potential impact of the proposed action on listed threatened species and communities, World Heritage, and National Heritage sites. If the proposed action is likely to have a significant impact on any of these areas, the department may impose conditions on the approval to mitigate the impact. In addition, the department may also require proponents to prepare an Environmental Management Plan to ensure that the proposed action does not harm the environment. Breaching the EPBC Act may result in civil or criminal penalties, depending on the nature and severity of the breach. Under section 528, individuals who intentionally, recklessly or negligently contravene any provision of the Act may be guilty of an offence and liable to a fine of up to $66,000 for individuals and $330,000 for bodies corporate. In addition, under section 529, individuals who cause harm to listed threatened species or communities may be liable to a fine of up to $1.1 million for individuals and $5.5 million for bodies corporate. The maximum penalties for offences under the EPBC Act are set out in the Criminal Code Act 1995 (Cth). The Act also provides for the recovery of costs incurred by the department in investigating and enforcing the Act (section 536).