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 Commonwealth Parliament to address the protection and conservation of the Australian environment, particularly in relation to activities that might significantly impact on matters of national environmental significance. This legislation was designed to fill a gap in environmental protection by providing a framework for the assessment and approval of actions that may affect the environment, including threatened species and ecological communities, listed migratory species, and Commonwealth land. The EPBC Act aims to achieve a balance between economic development and environmental conservation by requiring a rigorous assessment process for projects that could have significant environmental impacts. The Department of Agriculture, Water and the Environment is responsible for administering the Act, ensuring that the policy objectives of protecting and conserving the environment are met effectively.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to actions that may significantly affect matters of national environmental significance, which include listed threatened species and communities, listed migratory species, and Commonwealth land. The Act governs various entities and industries, including energy generation, water management, residential and commercial developments, and transport infrastructure projects, as evidenced by the listed referrals. The geographic reach of the Act is national, applying across all states and territories in Australia. The Act does not explicitly mention any exclusions or exemptions, but the approval process can lead to actions being determined as requiring or not requiring approval based on assessments of potential environmental impacts. The Act extends its application through subordinate instruments, such as the referral and approval decisions published in the Gazette, which provide detailed information on specific projects and their environmental assessments. The Department of Agriculture, Water and the Environment has quality assurance procedures to ensure notifications are not missed and regrets any inconvenience caused by potential delays in notifications.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs actions that might affect matters of national environmental significance, such as listed threatened species and communities, and listed migratory species. The Act stipulates certain actions that require approval (sections 75) before they can proceed. For instance, projects like the Valley of the Winds wind farm near Coolah in New South Wales and the Burra Creek Floodplain Restoration Project near Natya, Nyah, Swan Hill and Robinvale in Victoria, which potentially impact listed threatened species and communities, require approval before they can be undertaken (sections 18 & 18A). The EPBC Act imposes several obligations on the entities involved in actions that require approval. These include the submission of detailed referral documents, consultation with relevant stakeholders, and adherence to assessment guidelines. For example, the Sydney Metro project in South Western Sydney has entered the preliminary documentation phase (section 87). This phase requires detailed documentation to be submitted to the Department of Agriculture, Water and the Environment for review and assessment. Breaches of the EPBC Act can result in significant civil and criminal penalties. Actions that require approval but proceed without it can lead to fines and imprisonment. The maximum penalties for contravening the Act depend on the severity of the breach but can include substantial fines and lengthy prison sentences for individuals and corporations alike. Conversely, projects like the Waitsia Gas Project Stage 2 in the Shire of Irwin, Western Australia, which do not require approval, can proceed without the need for prior authorisation (section 75). The EPBC Act also allows for the approval of certain actions, provided they meet specific conditions. For instance, the Mitchell Freeway Extension and Wanneroo Road Upgrade project in Western Australia was approved with conditions (section 133). This means the project could proceed, but only if it adhered to the stipulated conditions designed to mitigate its environmental impact. Approved actions are subject to ongoing monitoring and compliance checks to ensure adherence to the conditions of approval. The Department of Agriculture, Water and the Environment maintains a rigorous system to ensure that all actions comply with the Act, even in cases where public notifications are missed or delayed.