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 to provide for the protection of the environment, particularly matters of national environmental significance, and to establish a framework for the assessment of activities that may have a significant impact on the environment. This legislation is administered by the Department of Sustainability, Environment, Water, Population and Communities. The overarching policy objective of the EPBC Act is to ensure that the Commonwealth’s environmental responsibilities are integrated into decision-making processes, thereby safeguarding Australia's unique natural heritage. The Act seeks to address gaps in environmental protection by providing a mechanism for assessing and managing the environmental impacts of proposed actions through a rigorous referral, assessment, and approval process.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to actions that may have significant impacts on matters of national environmental significance, which include listed threatened species and communities, listed migratory species, wetlands of international importance, and Commonwealth marine areas. The Act applies to entities and individuals undertaking activities within Australia's jurisdiction, including Commonwealth areas, territories, and in some cases, state areas where the Commonwealth has agreed to exercise its powers under the Act. The application of the Act extends to both direct actions and activities that may cause, contribute to, or exacerbate the impact of a matter of national environmental significance. Some actions are exempt from requiring approval under the Act, provided they are undertaken in a specified manner. The Act also allows for the establishment of subordinate instruments that can extend or restrict its application, such as regulations and guidelines that provide further detail on the types of activities that require approval and the conditions under which approval may be granted.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs various actions that may affect matters of national environmental significance, such as listed threatened species and communities (sections 18 & 18A), listed migratory species (sections 20 & 20A), and wetlands of international importance (sections 16 & 17B). Certain actions require approval under the Act (section 75), while others do not, provided they are conducted in a specific manner (section 87). For example, the Yellow Crazy Ant Biological Control on Christmas Island (reference 2013/6836) and the Expansion of the NRE No. 1 Colliery Coal Mine in New South Wales (reference 2013/6838) require approval, while the installation of a desalination plant on Cocos Keeling Island (reference 2013/6833) does not, under certain conditions. The Act imposes specific obligations and requirements on parties or entities involved in actions that require approval. These include providing preliminary documentation or an Environmental Impact Statement (EIS), depending on the nature of the proposed action (sections 87 & 89). For example, Gujarat NRE Coking Coal Ltd must prepare an EIS for the expansion of the NRE No. 1 Colliery Coal Mine in New South Wales (reference 2013/6838). Similarly, Bight Petroleum Pty Ltd must submit preliminary documentation for the Lightning 3D Marine Seismic Survey in the Bight Basin, South Australia (reference 2013/6770). The Act also outlines potential offences, penalties, and consequences for breach. Violations of the Act can result in both civil and criminal penalties. For example, the approval of an action can be subject to specific conditions (section 133), and failure to comply with these conditions can result in enforcement action. In addition, the Act provides for maximum penalties for various offences, such as unauthorised actions affecting listed threatened species and communities (section 303), which can include fines of up to AUD 1.1 million for individuals and AUD 5.5 million for corporations, as well as imprisonment for up to five years. The Act also allows for the recovery of costs incurred by the Commonwealth in enforcing the Act (section 512).