Actions Determined as Requiring Approval, Actions Determined as Not Requiring Approval, Assessment Approach, Decision on Approval, Notice of Extension of Time

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Parliament of Australia to address the need for a coordinated national approach to the protection of the environment, particularly in relation to matters of national environmental significance. This Act provides a framework for the protection of the environment by regulating activities that have, or could have, a significant impact on the environment, including matters of national environmental significance such as World Heritage properties, wetlands of international significance, listed threatened species and communities, and listed migratory species. The policy objective of the Act is to ensure that environmental considerations are integrated into decision-making processes, thereby promoting sustainable development and conservation of biodiversity. The Act allows for the identification and protection of environmental values by regulating actions that may impact these values, and it facilitates the involvement of the public and relevant stakeholders in environmental decision-making processes.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to a wide range of entities, including individuals, corporations, local and state governments, and non-governmental organisations, with respect to actions that may impact matters of national environmental significance. The Act covers activities such as mining, energy generation, land transport, waste management, and commercial development, ensuring that these activities are assessed for their potential environmental impacts. Geographically, the Act applies across Australia, including Commonwealth areas, and extends to actions that may impact marine environments, migratory species, and threatened species and ecological communities. The Act provides mechanisms for the approval, assessment, and monitoring of controlled actions, and outlines exclusions and exemptions where appropriate. Subordinate instruments may further define the scope and application of the Act, providing additional detail on specific actions and assessment processes.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the assessment and approval of certain actions that may have a significant impact on matters of national environmental significance. Under section 75, the Act identifies actions that require approval, while under section 87, it outlines the assessment approach for these actions. For example, section 18 addresses listed threatened species and communities, section 18A addresses listed threatened ecological communities, and section 20 addresses listed migratory species. Section 7305 (Gulf Alumina Pty Ltd/Mining/Skardon River, Weipa, QLD) is an instance where an action requires approval due to potential impacts on listed threatened species and communities, listed migratory species, and Commonwealth marine areas. The Act imposes obligations on parties and entities to assess and mitigate the environmental impacts of their proposed actions. This includes providing comprehensive documentation and data, engaging in public consultation, and complying with any conditions set by the Department of the Environment. For instance, Cockatoo Coal Limited’s approval for the Baralaba Train Load Out and Rail Loop in Queensland came with specific conditions designed to manage environmental risks (section 133). Similarly, Queanbeyan City Council must submit preliminary documentation for the Ellerton Drive Extension project to ensure that potential impacts on listed threatened species and communities are adequately addressed (section 87). Failure to comply with the requirements of the EPBC Act can result in both civil and criminal penalties. Under section 530, a person found guilty of an offence can face fines of up to $1.1 million for individuals and $5.5 million for corporations. Additionally, section 531A imposes stricter penalties for offences related to endangered species, with fines of up to $660,000 for individuals and $3.3 million for corporations. The Act also allows for the recovery of costs incurred by the Department of the Environment in assessing and managing referrals. For example, the Ellerton Drive Extension project, despite being approved, must adhere to the terms of its approval to avoid penalties and potential legal action.