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 address the need for a comprehensive and integrated approach to environmental protection in Australia. The Act aims to protect and manage the environment, particularly in relation to biodiversity, by regulating activities that may have a significant impact on the environment. The enacting body responsible for this legislation is the Australian Parliament, with the policy objective of ensuring that environmental considerations are integrated into decision-making processes. This Act provides a framework for the protection of the environment by regulating activities that may harm the environment, including the management of listed threatened species, communities, and ecological communities, as well as the protection of water resources and World Heritage and National Heritage places.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to any person or entity engaging in activities that may have a significant impact on matters of national environmental significance, as defined under the Act. These matters include World Heritage properties, national heritage places, listed threatened species and ecological communities, water resources, and the marine environment. The Act has a broad jurisdictional reach, applying to actions taken within Australia, including its territories, and to actions by Australian citizens and entities overseas if they impact on matters of national environmental significance. The Act is administered by the Commonwealth and can extend its application through subordinate legislation and regulations. Certain activities, such as those involving minor impacts or activities exempted under regulations, may not require approval under the Act. The Act also includes provisions for the variation of conditions of approval for actions previously authorised, reflecting a dynamic approach to environmental management and conservation. The Department of the Environment ensures transparency and public participation by notifying the public of referrals for approval and assessments, although occasional missed notifications may occur due to administrative errors.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) sets out the framework for protecting the environment, particularly in relation to matters of national environmental significance. Section 75 (1) of the EPBC Act provides that the Minister may determine whether an action listed in the regulations requires approval. The determinations referenced here specify whether certain actions require approval under the EPBC Act, and if so, the controlling provisions that apply to them. For instance, the expansion of the Narangba Quarry by Boral Resources (Qld) Pty Limited is subject to the provisions concerning listed threatened species and communities (sections 18 & 18A) (EPBC Act s.75). Similarly, the underground expansion project by Wollongong Coal Limited at Russell Vale is also assessed under the same sections, as well as additional sections concerning water resources in the context of coal seam gas and large coal mining developments (sections 24D & 24E). The construction of three buildings in the Parramatta Justice Precinct by Government Property NSW, on the other hand, is evaluated under provisions pertaining to World Heritage and National Heritage (sections 12, 15A, 15B & 15C). Under the EPBC Act, the parties or entities involved in actions that require approval must comply with various obligations and requirements. These can include the submission of detailed documentation, such as preliminary documentation or an Environmental Impact Statement, depending on the nature of the action and the specific provisions that apply. For example, Boral Resources (Qld) Pty Limited must submit preliminary documentation relating to their Narangba Quarry expansion project (EPBC Act s.87). Wollongong Coal Limited is required to prepare an Environmental Impact Statement for their Russell Vale Colliery Underground Expansion Project (EPBC Act s.87), while Government Property NSW must also submit preliminary documentation for the construction of the Parramatta Justice Precinct buildings (EPBC Act s.87). The Act also requires these entities to adhere to any conditions set by the Minister as part of the approval process. Failure to comply with the requirements of the EPBC Act can result in various civil and criminal consequences. The Act itself does not prescribe specific penalties for non-compliance, but contraventions of the Act can lead to legal action, including fines and imprisonment. For example, if a party fails to submit the required documentation or violates the conditions of their approval, they may face legal action under other relevant Australian legislation, such as the Criminal Code Act 1995, which can impose fines and imprisonment for offences. It is important to note that the exact penalties for non-compliance depend on the specific circumstances and the applicable laws.