Actions Determined as Requiring Approval, Actions Determined as Not Requiring Approval, Assessment Approach and Variation of Conditions of Approval

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly matters of national environmental significance, under one Act. The Act was introduced to address the gap in the protection of the environment, especially areas that require national attention, by providing a comprehensive legislative framework for the protection of the environment, including threatened species and ecological communities, water resources, and other matters of national environmental significance. The policy objective of the Act is to provide for the protection of the environment, particularly matters of national environmental significance, and to ensure that development proposals are assessed in a manner that takes into account their potential environmental impacts. The Act is administered by the Department of the Environment, which is responsible for ensuring that the objectives of the Act are met. The Department has implemented systems and ongoing quality assurance procedures to minimise any risk of missing a notification within the required timeframe, and where a missed notification is identified, it will be notified to the public even though the timeframe for notification has lapsed.

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, communities, water resources, and other protected environmental values. The Act applies to both individuals and entities undertaking activities that could potentially affect these environmental values. This includes industries such as mining, transport, and residential development, among others. The jurisdictional reach of the Act is national, extending across the Commonwealth of Australia, including states and territories. The Act may also apply to actions outside Australia's geographical boundaries if they impact on matters of national environmental significance. Exclusions, exemptions, and thresholds are detailed within the Act and its subordinate instruments, which may further refine the application of the Act to specific activities or contexts. The Act can be extended or restricted through regulations and other legislative instruments, which provide additional detail and guidance on its implementation.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a pivotal piece of Australian legislation that provides for the protection of the environment, particularly in relation to actions that may have significant impacts. Sections 75 and 87 of the Act outline the processes for determining whether certain actions require approval under the Act and the approach to be taken in assessing those actions. For instance, section 75 identifies actions that are determined to require approval (e.g., Forge Resources Swan Pty Ltd’s Balla Balla Rail and Conveyor Project, reference 2015/7420) and those that do not (e.g., Aurizon Operations Limited’s new intermodal terminal in Townsville, reference 2015/7424). Similarly, section 87 sets out the assessment approach for actions requiring approval, such as the preliminary documentation stage for Main Roads Western Australia’s Tonkin Highway intersection grading project (reference 2014/7385). Under the EPBC Act, entities and parties involved in actions that require approval must adhere to specific obligations and requirements to ensure compliance with environmental standards. For actions involving mining, such as the Drayton Coal Mine Extension Project by Anglo American Metallurgical Coal Pty Ltd (reference 2014/7402), the Act mandates consideration of listed threatened species and communities (sections 18 and 18A) and water resources in relation to coal seam gas development and large coal mining development (sections 24D and 24E). This involves conducting environmental impact assessments and implementing measures to mitigate any adverse environmental effects. Failure to comply with the provisions of the EPBC Act can result in significant legal consequences. The Act delineates various offences and specifies penalties for breaches, although the precise penalties are not always detailed in the notifications. For instance, section 143 allows for the variation of conditions of approval for projects such as the North Star Hematite Project by Fortescue Metals Group Ltd (reference 2012/6530). Non-compliance with these conditions can lead to enforcement actions, including fines and other penalties, as stipulated by the Act. Despite the potential for missed notifications or delays in public communication, the Department of the Environment assures that such issues do not impede the processing of referrals or the integrity of the decision-making process.