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 matters of national environmental significance, by regulating actions that have, will have, or might have a significant impact on the environment. The Act was introduced to address the need for a comprehensive framework to protect and manage the environment across Australia, ensuring that both federal and state considerations are adequately addressed. The Act is administered by the Commonwealth Parliament, with a policy objective to balance environmental protection with economic and social development. The Act covers a broad range of environmental matters, including actions that impact listed threatened species and communities, migratory species, and Commonwealth land, among other environmental aspects.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to various entities and activities across Australia, with its primary aim being the protection of the environment, particularly in relation to matters of national environmental significance. This includes protecting listed threatened species and communities, listed migratory species, and Commonwealth land. The Act extends to any person or entity intending to undertake an action that may impact these areas, regardless of their location within Australia. Notably, the Act's provisions can apply to projects in all states and territories, making it a comprehensive piece of environmental legislation. However, certain exclusions and exemptions may apply, particularly under specific circumstances or for certain types of activities. The Act also allows for the extension or restriction of its application through subordinate instruments, such as regulations or codes of practice, which provide further detail on particular issues or industries. The Act’s jurisdictional reach is thus broad, encompassing federal, state, and territory levels, ensuring a unified approach to environmental protection across Australia.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a comprehensive piece of legislation that provides a framework for protecting the environment, particularly areas of national environmental significance, through the identification and management of actions that may have significant environmental impacts. Section 75 of the EPBC Act outlines the types of actions that require approval under the Act, such as those that may harm listed threatened species or communities, listed migratory species, or Commonwealth land. Section 133 of the Act provides for the approval of actions with conditions, while section 143 allows for the variation of those conditions. Additionally, sections 18 and 18A deal with listed threatened species and communities, and sections 20 and 20A cover listed migratory species. Entities or individuals proposing actions that may require approval under the EPBC Act must submit a referral to the relevant Minister for consideration (section 47). The Minister may refer the proposal to the Environment Protection and Biodiversity Conservation (EPBC) Act for assessment if it is deemed to have potential significant environmental impacts. The assessment process involves public notification, consultation with stakeholders, and consideration of the potential environmental impacts of the proposed action. The Minister may approve the action with conditions or refuse approval if the action is likely to have a significant impact on matters of national environmental significance. Breaches of the EPBC Act can result in both civil and criminal penalties. Under section 528 of the Act, individuals or entities found guilty of an offence can be subject to fines of up to $666,000 for a corporation and $133,200 for an individual, or imprisonment for up to five years, or both. Additionally, section 528A of the Act provides for the imposition of pecuniary penalties for serious or repeated breaches, with fines of up to $6.66 million for a corporation and $1.332 million for an individual. Furthermore, section 528C of the Act outlines civil penalty provisions for the recovery of costs associated with the remediation of environmental harm caused by a breach of the Act. In summary, the EPBC Act provides a comprehensive framework for the protection of the environment through the identification and management of actions that may have significant environmental impacts. The Act outlines the types of actions that require approval, the assessment process, and the potential civil and criminal penalties for breaches of the Act. The Department of the Environment and Energy has implemented systems and ongoing quality assurance procedures to minimise the risk of missed notifications and ensure the history of notifications for each referral is available to the public.