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 by the Australian Parliament to address the problem of protecting Australia's environment, particularly in relation to matters of national environmental significance. The Act provides a framework for the protection of the environment by regulating actions that may have a significant impact on listed threatened species, ecological communities, heritage places, water resources, and other areas of national environmental importance. The policy objective is to ensure that development and other activities do not have unacceptable impacts on the environment, and that the conservation and sustainable use of natural resources are achieved. The EPBC Act establishes a process for the assessment and approval of actions that may impact the environment, and provides for the protection of listed threatened species and communities. The Department of the Environment and Energy is responsible for administering the Act, and has implemented quality assurance procedures to ensure that public notifications are not missed or delayed.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of activities and entities across Australia that may impact matters of national environmental significance, including listed threatened species, communities, and ecological communities, as well as World Heritage properties, wetlands of international significance, and nuclear actions. The Act extends to actions proposed to be undertaken within Australia or by an Australian citizen or organisation outside Australia, thereby establishing a broad jurisdictional reach. The Act also encompasses entities such as companies, individuals, and government agencies that may need to seek approval for certain actions that could affect the environment. The EPBC Act includes provisions for exemptions, exclusions, and thresholds to manage the application of the Act, ensuring that minor or negligible impacts do not require extensive regulatory oversight. The Act can extend or restrict its application through subordinate instruments, such as regulations and codes of practice, which provide detailed guidance on specific environmental matters or industry sectors.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and biodiversity in Australia. One of the key provisions of the Act, section 75, mandates that certain actions, such as mining projects or infrastructure developments, require approval if they may have a significant impact on matters of national environmental significance (section 75(1)). This includes listed threatened species and ecological communities (sections 18 and 18A). Other actions, however, are determined not to require approval if they are unlikely to significantly impact these matters (section 75(2)). The Act provides for a decision-making process involving assessments and, if necessary, approvals with conditions (section 133). Under the EPBC Act, entities proposing actions that may affect listed threatened species or communities must comply with the assessment and approval processes outlined in the Act. These processes may include an accredited assessment process under another Act, such as the Environment Protection Act 1986 (WA) for mining projects (section 87(2)). Entities must also provide preliminary documentation and meet any conditions imposed by the Minister for the Environment in the approval decision (section 133). The Department of the Environment and Energy has implemented quality assurance procedures to ensure that all notifications are made within the required timeframes. However, the Department acknowledges that occasional missed notifications may occur, but assures the public that these do not affect the subsequent processing or decisions made under the Act. Breaches of the EPBC Act may result in civil or criminal penalties. The maximum penalties for contravening the Act include substantial fines and, in some cases, imprisonment. For example, knowingly making a false or misleading statement in an application or document required under the Act may result in a fine of up to 500 penalty units ($99,500 as at February 2021) or imprisonment for up to two years, or both (section 514). Additionally, corporations found guilty of offences under the Act may face even higher penalties, up to 5,000 penalty units ($995,000) for serious offences. These penalties underscore the importance of compliance with the Act's provisions to protect Australia's environment and biodiversity.