Actions Determined as Requiring Approval, Actions Determined as Not Requiring Approval, Assessment Approach and Notice of Extension of Time

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to address environmental protection and biodiversity conservation, providing a framework for the assessment and approval of actions that may have significant environmental impacts. This Act was introduced by the Parliament of Australia to fill the gap in comprehensive environmental regulation across the country. The policy objective of the Act is to ensure that development and other actions that may impact the environment are assessed in a manner that protects and conserves biodiversity and the environment, including threatened species, communities, and ecological places of significance. The Act aims to balance environmental protection with economic and social considerations, ensuring sustainable development practices. The Department of Agriculture, Water and the Environment administers the Act, overseeing the assessment and approval processes for various actions to ensure compliance with environmental protection standards.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of activities, entities, and industries across Australia, with a particular focus on actions that may significantly impact matters of national environmental significance. This includes listed threatened species and ecological communities, listed migratory species, listed threatened ecological communities, Ramsar wetlands, nuclear actions, and the World Heritage properties. The Act applies to individuals, corporations, and government entities, and encompasses various types of developments, operations, and activities that could potentially affect the environment. The jurisdictional reach of the EPBC Act is national, with federal oversight, but it also involves state and territory governments in the assessment and approval processes. The Act includes provisions for the establishment of assessment thresholds and may exclude certain actions from the requirement for approval through subordinate instruments, which provide further detail and specify particular circumstances under which the Act's provisions apply or do not apply. Exclusions and exemptions may also be stipulated within these instruments, tailored to specific industries or types of actions deemed to have minimal environmental impact.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs actions that may impact on matters of national environmental significance. Sections 75 and 87 of the Act provide for the assessment and approval of actions that may affect these matters. For example, certain developments or activities may require approval if they are likely to have a significant impact on listed threatened species, communities or migratory species (sections 18, 18A, 20 and 20A), or wetlands of international importance (sections 16 and 17B). Other actions may be assessed through an accredited assessment process under state or territory legislation (section 87). Notifications of referral decisions are published in the Gazette and online, although the Department of Agriculture, Water and the Environment acknowledges that some notifications may be missed or delayed (section 130(4)). The EPBC Act imposes various obligations on proponents of actions that may affect matters of national environmental significance. Proponents must refer the action to the Department for assessment and approval if required (section 75). They must also provide any preliminary documentation or information requested by the Department during assessment (section 87(2)). Proponents are responsible for ensuring that their actions comply with any conditions imposed on approval of the referral. Failure to comply with the Act or conditions on approval may result in enforcement action. Breaching the EPBC Act or conditions on approval of a referral may result in civil or criminal penalties. For example, section 528 provides for fines of up to $66,000 for individuals and $330,000 for bodies corporate for offences relating to threatened species and ecological communities. Section 532 provides for fines of up to $1.1 million for individuals and $5.5 million for bodies corporate for offences relating to internationally protected migratory species. In addition, sections 524 and 525A provide for imprisonment of up to two years for serious or repeated breaches of the Act. In summary, the EPBC Act requires proponents of actions that may impact on matters of national environmental significance to refer those actions to the Department for assessment and approval if required. The Act imposes obligations on proponents to provide information and documentation and comply with any conditions on approval. Breaching the Act or conditions on approval may result in substantial civil penalties and/or imprisonment.