Actions Determined as Requiring Approval, Actions Determined as Not Requiring Approval, Assessment Approach, Decision on Approval

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, by regulating actions that have, will have or might have a significant impact on the environment. This legislation was introduced to address the need for a comprehensive framework to manage environmental impacts, particularly those that transcend state boundaries and affect nationally and internationally significant environmental assets. The Act is administered by the Australian Government's Department of the Environment and aims to integrate environmental considerations into decision-making processes related to development and resource use. The policy objective of the Act is to ensure that proposed actions are assessed to avoid, mitigate or offset any significant environmental harm they might cause, thereby balancing environmental protection with economic development and social well-being.

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 and communities, as outlined in the Gazette document. This Act applies to individuals, corporations, and other entities undertaking actions that fall within its scope, such as land development, mining, and telecommunications, across various states and territories in Australia. The Act's jurisdictional reach is national, covering actions within Commonwealth areas and beyond state boundaries where they may affect national environmental assets. Specific exclusions and exemptions are determined on a case-by-case basis, with certain actions potentially not requiring approval if they are conducted in a specified manner, as noted in the Gazette. The Act's application may also be extended or restricted through subordinate instruments, providing flexibility in its enforcement and ensuring the protection of environmental values.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs actions that may significantly impact on matters of national environmental significance. Under sections 75 and 76 of the EPBC Act, the Minister for the Environment determines whether a proposed action is a controlled action requiring approval, and if so, whether to approve it. The Gazetted notices indicate actions that are assessed as requiring approval (sections 18 and 18A) and those that do not (section 75). The notices also include decisions on whether to approve actions (section 133) and the approach taken to assess these actions (section 87). Section 75 provides that certain actions are controlled actions and may require Ministerial approval if they are likely to significantly impact on matters of national environmental significance, such as listed threatened species and communities. Section 76 allows the Minister to approve actions subject to conditions that aim to mitigate any significant environmental impacts. Section 133 enables the Minister to approve an action if satisfied it will not have a significant impact on matters of national environmental significance, or if the impact is justified in the public interest. Section 87 sets out the assessment approach, which may include preliminary documentation to gather information about the action and its potential environmental impacts. The EPBC Act imposes various obligations and requirements on parties or entities that carry out actions that may impact on matters of national environmental significance. These include providing information about the action and its potential environmental impacts, complying with any conditions attached to Ministerial approval, and implementing measures to mitigate any significant environmental impacts. For example, the approved residential development at Mandogalup, Western Australia (reference 2014/7308) is subject to conditions aimed at protecting threatened species and communities. Similarly, the approved coal mining extension at Stratford, New South Wales (reference 2011/6176) must comply with conditions aimed at mitigating impacts on water resources and biodiversity. The EPBC Act also includes provisions for offences, penalties, and civil or criminal consequences for breaches of the Act or Ministerial conditions. Section 528 provides that a person who carries out a controlled action without Ministerial approval is guilty of an offence and liable to a fine. Section 529A provides that a person who contravenes a Ministerial condition is guilty of an offence and liable to a fine. The maximum penalties for these offences are set out in the Act and may vary depending on the nature and seriousness of the offence. For example, the maximum penalty for contravening a Ministerial condition is $66,000 for an individual and $330,000 for a body corporate. The Act also provides for civil penalties and injunctions to enforce compliance with the Act and Ministerial conditions.