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 Australian environment, particularly matters of national environmental significance, as defined in the Act. The Act was introduced to address the problem of ensuring that significant environmental impacts from certain actions are assessed and managed at the national level. The EPBC Act is administered by the Australian Government, specifically the Department of the Environment, which is responsible for ensuring compliance with the Act. The policy objective of the Act is to protect and manage the environment, including heritage places, listed threatened species and ecological communities, and matters of national environmental significance. The Act provides a framework for the assessment and approval of actions that may have a significant environmental impact, and for the management of environmental risks associated with these actions. The Department of the Environment regularly publishes notifications and decisions related to the processing of referrals for approval under the EPBC Act in the Gazette to ensure transparency and public access to information about environmental assessments and approvals.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of actions, including projects and activities that may have significant environmental impacts, and involves a process of assessment and approval of certain activities that may affect matters of national environmental significance. The Act applies to persons, entities, and industries across Australia, including the Commonwealth, states, and territories, and encompasses various sectors such as mining, energy, transport, and infrastructure. The Act includes provisions for determining which actions require approval, and for the assessment and approval of those actions. The Act also includes provisions for the regulation of activities that may impact on matters of national environmental significance, such as World Heritage properties, national heritage places, listed threatened species and ecological communities, and listed migratory species. The Act may be extended or restricted through subordinate instruments, such as regulations and codes of practice. Certain actions may be exempt from the requirements of the Act, such as actions that are already subject to other environmental assessment and approval processes. The Act also includes provisions for the referral and consideration of matters of national environmental significance that may be affected by actions not subject to the EPBC Act.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) contains several key provisions that govern the assessment and approval of actions that may have significant environmental impacts. Section 75 of the Act lists actions that require approval, such as developments that may affect World Heritage properties, National Heritage places, listed threatened species and communities, listed migratory species, Commonwealth marine areas, and the Great Barrier Reef Marine Park (sections 12, 15A, 18, 18A, 20, 20A, 23, 24A, 24B, 24C). For example, the Abbot Point Growth Gateway Project in Queensland required approval under sections 12 and 15A of the Act. Conversely, section 75 also identifies actions that do not require approval, such as the Craigieburn Employment Precinct development in Victoria and the Florida North residential development in Western Australia. The Act also outlines the assessment approach for determining whether an action requires approval (section 87), with Environmental Impact Statements and Preliminary Documentation being common assessment tools. Entities or parties governed by the EPBC Act must comply with various obligations and requirements, such as submitting the necessary documentation for assessment, adhering to any conditions imposed on approval, and ensuring that their actions do not negatively impact the environment. For instance, Moolarben Coal Mines Pty Ltd's open cut mine and two underground mines in New South Wales were approved with conditions, necessitating adherence to these conditions during the project's execution. Furthermore, the Act allows for the variation of conditions of approval (section 143), as demonstrated by the Catalina Residential Development in Western Australia and the DSO Hematite Mine in Tasmania. Breach of the EPBC Act may result in various civil and criminal consequences. Offences under the Act can lead to substantial fines and penalties. For example, individuals found guilty of contravening the Act may face fines of up to AUD 66,000 and/or imprisonment for up to two years for each offence (section 506). Corporations may face even higher penalties, with fines reaching up to AUD 3.3 million and/or imprisonment for up to seven years for each offence (section 506A). Additionally, the Act provides for the imposition of environmental restoration orders (section 507) and the cancellation of approval for actions that cause significant harm to the environment (section 134). It is essential for entities and individuals to comply with the EPBC Act to avoid these potential consequences.