Actions Determined as Requiring Approval, Actions Determined as Not Requiring Approval, Assessment Approach, Decision on Approval, Variation of Conditions of Approval

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Australian Parliament to address the need for a comprehensive framework for the protection and management of the nation's environment, particularly in relation to biodiversity conservation and the impacts of proposed actions. This legislation provides a mechanism for the Commonwealth to assess and approve certain actions that may have significant environmental impacts, particularly those that involve matters of national environmental significance such as listed threatened species and communities, listed migratory species, and wetlands of international importance. The EPBC Act aims to ensure that the environment is protected and managed in a sustainable manner, contributing to the overall goal of biodiversity conservation. The Department of the Environment and Energy is responsible for the administration of the Act, which includes overseeing the assessment and approval process for proposed actions that may impact the environment. The Department has implemented quality assurance procedures to ensure that notifications are timely and accurate, and late notifications are communicated to the public where identified.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to activities that may have a significant impact on matters of national environmental significance, as identified in the Act. These include the World Heritage properties, listed threatened species and ecological communities, listed migratory species, Ramsar-listed wetlands, the nuclear actions, the Commonwealth marine areas, the waters of the Great Barrier Reef Marine Park, and the Commonwealth radioactive materials. The Act applies to both individuals and entities, including corporations and government bodies, engaging in activities that may affect these environmental matters. The geographic scope of the Act is national, with jurisdiction over actions across Australia, including both onshore and offshore areas, and it extends to Australian activities with extraterritorial impacts. The Act can be applied through subordinate instruments, which provide further detail on specific matters such as listed species and communities, or the processes for approval and assessment. Certain activities may be exempt from the Act's requirements, typically where they are already subject to stringent regulation under state or territory laws, or where they are minor and unlikely to have a significant environmental impact. However, exclusions and exemptions are subject to detailed provisions within the Act and related regulations.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs various activities that may impact the environment, including listed threatened species, communities, and migratory species, as well as wetlands of international importance (sections 16, 17B, 18, 18A, 20, and 20A). Actions determined to require approval under the Act include mining, transport infrastructure, and other projects that could affect the environment (section 75). For instance, the Glenelg Dolomite Quarry by SIBELCO AUSTRALIA LIMITED (2017/8021) and the Cherrabah Mine and Access Road by Joyful View Garden Real Estate Development Resort Co. Pty Ltd (2017/8032) are subject to approval due to their potential environmental impacts. On the other hand, actions determined not to require approval, provided they are undertaken in a specified manner, include modifications to the Integra Underground Mine Longwall Extension by HV COKING COAL PTY LIMITED (2017/8105) and the Pelican 3D Marine Seismic Survey by the Department of Economic Development Jobs Transport and Resources (2017/8097) (section 75). The Act imposes obligations on entities to ensure that their proposed actions are assessed and approved, if necessary, by the Department of the Environment and Energy. This includes providing detailed documentation about the potential environmental impacts of their projects. For example, Joyful View Garden Real Estate Development Resort Co. Pty Ltd and KALIUM LAKES POTASH PTY LTD have submitted preliminary documentation for their proposed projects (2017/8032, 2017/8088). Entities must also comply with any conditions attached to their approval to mitigate potential environmental harm. Entities found to be in breach of the Act may face both civil and criminal penalties. Civil penalties for non-compliance can include fines of up to AUD 666,000 for individuals and AUD 3.3 million for corporations (section 528). Criminal offences under the Act can lead to imprisonment for up to five years for individuals and fines of up to AUD 212,000 for corporations (section 528A). Additionally, the Act allows for the imposition of injunctions and other remedies to prevent or remedy environmental harm. These penalties underscore the importance of adhering to the Act's requirements to protect Australia's environment and biodiversity.