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 was enacted to provide for the protection of the environment, particularly in areas related to biodiversity, threatened species, and ecological communities. The Act was introduced to address the need for a comprehensive framework to manage and protect Australia's natural resources and ecosystems, ensuring that significant impacts on the environment are identified and managed appropriately. The Act is administered by the Parliament of Australia, with a policy objective to protect and manage national and regional biodiversity, threatened species, and ecological communities through the implementation of stringent environmental assessment and approval processes. The Act plays a critical role in maintaining ecological balance and promoting sustainable development across the country.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to actions that may significantly impact matters of national environmental significance, including listed threatened species, communities, and water resources, as well as large coal mining and coal seam gas developments. The Act covers individuals, companies, and other entities that propose to undertake actions that may affect these environmental matters, across all states and territories of Australia. The application of the Act is determined through a referral process where certain actions require approval from the Commonwealth, while others do not. Subordinate instruments can further extend or restrict the application of the Act. However, the Act does not apply to certain actions that are exempt or have already been assessed under other legislation, such as state or territory laws, where the approval process is deemed sufficient. The Department of the Environment and Energy has implemented measures to minimise the risk of missed notifications of referrals for approval, but acknowledges that occasional missed notifications may occur, with a commitment to notify the public of such instances even if they occur outside the required timeframe.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) outlines the procedures and requirements for assessing actions that may significantly impact the environment, particularly those involving listed threatened species, communities, and water resources in relation to coal seam gas development and large coal mining (s.18, 18A, 24D, 24E). Section 75 of the Act determines whether an action requires approval, while section 87 specifies the assessment approach, such as using an accredited assessment under another Act or preliminary documentation. Section 133 details the decision on approval, which may include conditions, and section 143 allows for the variation of conditions of approval. The Act imposes obligations on parties or entities to comply with the assessment and approval processes. For actions determined to require approval, entities must submit necessary documentation and comply with the conditions if approved (s.75, 133). Those conducting actions that do not require approval must still ensure they do not significantly harm listed matters. Entities must also adhere to any variations of approval conditions (s.143). The Department of the Environment and Energy is responsible for overseeing the notification process and ensuring compliance, including addressing any missed notifications through ongoing quality assurance procedures. Breaches of the EPBC Act can result in both civil and criminal consequences. For instance, knowingly making a false or misleading statement in an application can lead to fines of up to $22,200 for individuals and $111,000 for bodies corporate, as outlined in section 534 of the Act. Additionally, penalties for actions that significantly harm listed matters can include substantial fines and, in severe cases, imprisonment. The Act also allows for the enforcement of compliance orders and the recovery of costs associated with rectifying environmental harm.