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 need for a comprehensive framework for the protection and management of the nation's environment, particularly in relation to actions that may have significant impacts on matters of national environmental significance. The EPBC Act aims to provide a streamlined and coordinated approach to environmental assessment and approval processes, ensuring that potential environmental impacts are adequately considered and managed in decision-making. The Act establishes a national system for the protection of the environment, including its biodiversity, and aims to promote ecologically sustainable development through the integration of environmental considerations into decision-making processes. The Department of Agriculture, Water and the Environment is responsible for administering the EPBC Act and ensuring compliance with its provisions. The Act includes mechanisms for the assessment and approval of actions that may have significant environmental impacts, with a focus on protecting matters of national environmental significance such as listed threatened species and communities, listed migratory species, and Commonwealth marine areas. The policy objective of the Act is to protect and conserve Australia's environment, including its biodiversity, and to provide a coordinated and efficient framework for environmental assessment and management.

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, including listed threatened species, communities, and migratory species, as well as Commonwealth marine areas. The Act encompasses a broad range of entities and individuals, including companies, local councils, and government departments, that are involved in activities such as mining, energy generation, waste management, tourism, and natural resources management. It operates on a national level across Australia, providing a unified framework for the protection of the environment. The EPBC Act can extend its application through subordinate instruments, which may provide further detail on specific matters of environmental concern. Notably, the Act includes provisions for certain actions to be determined as requiring or not requiring approval, which is decided based on the potential environmental impact of the proposed activities. Some exclusions or exemptions may apply, but these are typically outlined in the specific sections of the Act that pertain to the nature of the proposed action.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) includes several key sections that define its scope and operational requirements. Section 75 determines the actions that require approval under the Act, such as those impacting national heritage, threatened species, or Commonwealth marine areas (sections 15B, 15C, 18, 18A, 20, 20A, 23, and 24A). Section 133 outlines the process for decision-making on approval of actions, often with conditions attached to mitigate environmental impacts. Section 87 specifies the assessment approach to be used, which may include an accredited assessment process or preliminary documentation review. Notifications of referral processing are made in the Gazette and on the Internet, although there may be occasional delays or missed notifications due to administrative errors. The Act imposes several obligations on the parties or entities it governs. Those responsible for actions that require approval under section 75 must ensure that they comply with the assessment requirements outlined in section 87 and adhere to any conditions imposed under section 133. They must also provide all necessary documentation and information to facilitate the assessment process. Furthermore, entities must follow any conditions attached to their approval to mitigate potential environmental impacts. The Department of Agriculture, Water and the Environment has implemented quality assurance procedures to minimise errors in the notification process, ensuring that any missed notifications are rectified as soon as possible. Failure to comply with the obligations and requirements of the EPBC Act can result in various civil or criminal consequences. Section 527 of the Act provides for civil penalty provisions, allowing for fines of up to $1.1 million for individuals and $5.5 million for corporations for serious or repeated breaches. Criminal penalties are also available under section 528, with fines of up to $66,000 for individuals and $330,000 for corporations, along with potential imprisonment terms for serious offences. The Act also includes provisions for remediation and restoration orders, requiring entities to take appropriate action to remedy any environmental damage caused by non-compliance.