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 was enacted by the Parliament of Australia to address the problem of protecting Australia's environment, particularly its biodiversity, and to provide a streamlined process for the assessment and approval of certain activities that may impact the environment. The Act aims to ensure that decisions about actions that may have a significant impact on the environment are made in a transparent and accountable manner, with proper consideration given to the potential environmental, social, and economic impacts of such actions. The Department of the Environment and Energy is responsible for administering the Act and ensuring that its objectives are met. The Act provides for the assessment and approval of actions that may have a significant impact on matters of national environmental significance, such as listed threatened species and communities, water resources, and world heritage properties. The Act also provides for the establishment of a public register of approved actions and for the imposition of conditions on approvals to mitigate any significant environmental impacts. The policy objective of the Act is to protect and conserve Australia's environment, including its biodiversity, and to promote sustainable development that balances economic, social, and environmental considerations.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to actions that may significantly impact matters of national environmental significance, such as listed threatened species and communities, water resources in relation to certain types of development, and heritage places. The Act governs entities and individuals undertaking activities that require approval under the Act, including mining operations, large coal mining developments, and other projects that may affect the environment. The geographic reach of the Act is national, applying across Australia and its territories, and it encompasses both Commonwealth and state lands. The Act does not apply to actions that have already been assessed and approved under other legislation, provided those assessments meet the requirements of the EPBC Act. The Act’s application can be extended or restricted through subordinate instruments such as regulations and determinations. Exemptions and thresholds are set out in the Act and related regulations, detailing which actions require approval and which do not. The Act also provides for the assessment of proposals through various processes, including the accreditation of state and territory assessment processes for major projects.

Key Provisions

The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) relevant to the provided Gazette entries include sections 75, 87, and 133. Section 75 requires the Minister to determine whether an action listed in the regulations is an action that requires approval. Section 87 outlines the assessment approach for determining the environmental impact of a proposed action, while section 133 pertains to the approval or refusal of a proposed action, including any conditions that must be met. In these notices, section 75 is used to determine whether certain mining projects require approval (e.g., Reference 2018/8338), while section 133 is used to approve projects with conditions (e.g., Reference 2018/8171). The obligations and requirements imposed by the EPBC Act on the parties or entities it governs primarily revolve around the environmental assessment and approval process for actions that may significantly impact matters of national environmental significance. The Act requires proponents of actions that are listed or deemed to require approval to submit an application to the Minister for the Environment, who then assesses the potential environmental impacts. This includes actions that may affect listed threatened species and ecological communities (sections 18 and 18A), or water resources in relation to coal seam gas and large coal mining developments (sections 24D and 24E). For the projects mentioned, Anglo Coal (Moranbah North Management) Pty Limited and Anglo Coal (Capcoal Management) Pty Limited must submit detailed environmental impact assessments and adhere to any conditions set by the Minister to mitigate potential environmental harm. The EPBC Act also includes provisions for offences, penalties, and consequences for breaches of the Act or approved conditions. Under the Act, unauthorised actions that may significantly impact matters of national environmental significance can result in both civil and criminal penalties. Civil penalties can include fines of up to $750,000 for companies and $75,000 for individuals, while criminal penalties can include fines of up to $660,000 for companies and $132,000 for individuals, as well as potential imprisonment terms. For actions that have been approved with conditions, failure to comply with those conditions can also result in enforcement action by the Minister, potentially leading to fines or other legal repercussions. The Act aims to ensure that environmental protection and biodiversity conservation are prioritised in decision-making processes.