Actions Determined as Requiring Approval, Actions Determined as Not Requiring Approval, Assessment Approach, Decision on Approval, Outcome of Request for Reconsideration of S75(1) Decision and Lapsed Proposals

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This legislation was introduced by the Commonwealth Parliament to address the gap in environmental protection and to provide a comprehensive framework for the conservation of biodiversity and the management of environmental impacts. The EPBC Act aims to ensure that the Commonwealth’s environmental responsibilities are met effectively by providing for the assessment and approval of actions that may have a significant environmental impact. The Act establishes processes for the identification, assessment, and management of actions that affect listed threatened species, communities, and ecological communities, as well as other matters of national environmental significance.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of actions that may have a significant impact on matters of national environmental significance, including listed threatened species and ecological communities. The Act applies to both individuals and entities, covering a wide array of industries such as residential development, water management, waste management, and energy generation and supply. The geographic reach of the Act is national, applying across Australia, including the Commonwealth, states, and territories. Certain actions are determined to require approval under the EPBC Act, while others do not, as decided by the Department of the Environment and Energy. The Act's application can also extend or be restricted through subordinate instruments, which provide further detail on how the Act is implemented and enforced. While the Act generally applies to a wide range of activities, there may be exclusions, exemptions, or thresholds specified within the Act or its regulations that determine the applicability of the approval process to specific actions.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (sections 75 and 87) includes provisions for the approval and assessment of certain actions that may impact on matters of national environmental significance. Section 75 sets out the actions that are determined to require approval, while section 87 outlines the assessment approach for these actions. Section 133 details the process for approving such actions, and section 78C pertains to the reconsideration of decisions made under section 75(1). Section 155 addresses lapsed proposals. In the context of the listed projects, Lendlease Communities (Pine Valley) Pty Limited's residential development in Morayfield, Queensland, is an action that requires approval (EPBC Act s.75). The other actions, such as the South West Pipeline and Wyaralong Tanks Project in Queensland, the Greenbank to Flagstone Central Conveyance Pipeline Project in Queensland, and the Berrybank Windfarm in Victoria, are determined not to require approval (EPBC Act s.75). The Act imposes several obligations on the parties or entities governed by it. These include the duty to provide the necessary information and documentation for the assessment of actions that may impact on matters of national environmental significance. For example, under section 87, the responsible party for the Pine Valley Residential Development in Morayfield, Queensland, must submit preliminary documentation as part of the assessment process. Additionally, the Act requires the Department of the Environment and Energy to implement systems and quality assurance procedures to ensure that public notifications relating to the processing of referrals for approval are not missed or delayed (EPBC Act s.155). The Act also outlines various offences, penalties, and consequences for breaches of its provisions. For instance, knowingly or recklessly making a false or misleading statement in a document required by the Act is an offence (EPBC Act s.536). The maximum penalty for this offence is 12 months imprisonment or a fine of up to $10,500, or both. Similarly, contravening an approval condition is an offence, with the maximum penalty being 12 months imprisonment or a fine of up to $10,500, or both (EPBC Act s.537). In the case of the Bylong Coal Project in New South Wales, the reconsideration decision under section 78C of the Act indicates that the action is controlled and requires approval. Failure to comply with the conditions of approval could result in civil or criminal consequences, including potential fines or imprisonment.