Actions Determined as Requiring Approval, Actions Determined as Not Requiring Approval, Assessment Approach, Decision on Approval and Variation of Conditions of 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 controlling actions that may have a significant impact on the environment. The Act was introduced to address the problem of ensuring that proposed developments and activities are assessed for their potential environmental impacts, particularly those that might affect species, ecological communities, and heritage places of national significance. The enacting body is the Australian Parliament, with the policy objective being to promote the conservation of biodiversity and the sustainable use of natural resources. The Department of the Environment and Energy administers the Act and is responsible for ensuring that public notifications regarding referral approvals are processed correctly and in a timely manner, with systems and quality assurance procedures in place to mitigate any potential risks of missed notifications.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to actions that may have a significant impact on matters of national environmental significance, as defined by the Act. These matters include World Heritage properties, listed threatened species and communities, listed migratory species, the Great Barrier Reef, listed marine protected areas, the Commonwealth marine estate, declared Ramsar wetlands, the water resources of the River Murray, and the nuclear actions prohibition and the control of emissions of greenhouse gases. The Act applies to individuals, companies, public sector agencies, and other entities undertaking activities that may affect these environmental matters. The geographic reach of the Act is national, extending across Australia, including the external territories. There are specific exclusions and exemptions under the Act, such as activities conducted under certain other Commonwealth legislation, and actions taken in compliance with state or territory environmental laws. The application of the Act can be extended or restricted through subordinate instruments, which include regulations and guidelines, to provide more detailed specifications on particular actions, processes, or environmental matters.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a key piece of legislation in Australia that provides for the protection of the environment and biodiversity. Sections 75 and 133 of the Act outline the processes for determining whether certain actions require approval and the criteria for granting such approval, respectively. For example, Section 75 requires the Minister to determine whether an action is a "key action" that may have a significant impact on matters of national environmental significance, as listed in Section 18, such as listed threatened species and communities. If an action is determined to be a key action, the Minister may approve the action under Section 133, subject to certain conditions. Additionally, Section 143 allows for the variation of the conditions of approval for certain actions. The EPBC Act imposes several obligations on parties and entities that are subject to its provisions. For example, parties that are carrying out actions that require approval under Section 75 of the Act must submit a referral to the Minister for consideration under Section 74. Once a referral has been submitted, the Minister must determine whether the action requires approval and, if so, may impose conditions on the approval under Section 133. Failure to comply with the conditions of approval may result in the approval being revoked under Section 142 of the Act. Additionally, parties that are carrying out actions that may have a significant impact on matters of national environmental significance must take all reasonable and practical measures to mitigate such impacts, as required under Section 18. There are several potential consequences for breaching the provisions of the EPBC Act. For example, Section 275 of the Act provides for criminal penalties, including fines of up to $66,000 for individuals and $330,000 for corporations, for wilful or reckless breaches of the Act. Additionally, Section 474 of the Act provides for civil penalties, including fines of up to $660,000 for individuals and $3.3 million for corporations, for breaches of certain provisions of the Act. Furthermore, Section 487 of the Act allows for the imposition of injunctions and other orders to prevent or remedy breaches of the Act. Finally, it is worth noting that late notifications of referrals for approval, while not affecting subsequent processing or decisions, are still subject to notification to ensure transparency and public awareness, as per the Act's provisions.