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 Variation of Conditions of Approval

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, by establishing a framework for the assessment and approval of actions that may have a significant impact on the environment. This Act addresses the gap in environmental regulation by setting out the processes for identifying, assessing and managing the environmental impacts of proposed actions, particularly those that may affect World Heritage properties, nationally endangered species and communities, and other matters of national environmental significance. The Act is administered by the Australian Government’s Department of the Environment and Energy, with the overarching policy objective being to promote the sustainable use, development, and conservation of Australia's environment while ensuring that decisions are made in a transparent and accountable manner. The EPBC Act aims to balance environmental protection with economic development by providing a robust mechanism for the assessment and approval of actions that may impact the environment. It requires that certain actions, known as "controlled actions," be assessed to determine if they will have a significant impact on matters of national environmental significance. The Act also includes provisions for the approval of actions that may have such impacts, subject to conditions that mitigate those impacts, and allows for the setting of environmental offsets to compensate for any unavoidable harm. The Act's framework supports the sustainable use and conservation of Australia's environment while facilitating responsible development and economic growth.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of entities and actions across Australia, aimed at protecting and conserving the nation's environmental heritage. This Act governs activities that may impact on matters of national environmental significance, such as listed threatened species and communities, World Heritage properties, National Heritage places, and the Great Barrier Reef Marine Park. The Act extends its jurisdiction to proposed actions in various sectors including agriculture, forestry, energy generation and supply, commercial development, waste management, and water resources. It encompasses both Commonwealth and state lands, as well as territorial waters, ensuring a comprehensive approach to environmental protection. Specific exclusions and exemptions are outlined in the Act, and certain actions may not require approval if undertaken in a manner specified under the Act. The application and enforcement of the Act may be extended or restricted through subordinate instruments, which provide additional regulations and guidelines to assist in the implementation of the Act’s provisions.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs various activities that may impact the environment, including those listed as controlled actions under sections 75 and 75A. These include developments that may affect listed threatened species and communities (sections 18 and 18A), World Heritage (sections 12 and 15A), National Heritage (sections 15B and 15C), and the Great Barrier Reef Marine Park (sections 24B and 24C). Additionally, certain activities related to water resources in relation to coal seam gas development and large coal mining development are also regulated (sections 24D and 24E). Section 75 of the EPBC Act requires that certain actions be assessed for their potential environmental impact, and section 75A allows the Governor-General to declare actions that do not require approval if undertaken in a specific manner. The Act imposes obligations on parties and entities to ensure that their activities do not negatively impact the environment, particularly those listed as threatened species and communities, World Heritage, National Heritage, and the Great Barrier Reef Marine Park. These obligations include providing detailed information about the proposed action, undergoing assessment processes, and potentially obtaining approval from the relevant authorities. Additionally, entities must comply with any conditions imposed on their approval to mitigate any potential environmental harm. Breaches of the Act can lead to both civil and criminal consequences. Civil penalties can include fines of up to AUD 666,000 for individuals and AUD 3,330,000 for bodies corporate, depending on the severity and frequency of the offence. Criminal penalties can include fines of up to AUD 5.5 million for individuals and AUD 27.5 million for bodies corporate, along with potential imprisonment terms. These penalties are designed to deter non-compliance and ensure that entities take their environmental responsibilities seriously. It is important for entities to fully understand and comply with the requirements of the EPBC Act to avoid these significant consequences.