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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for a comprehensive legal framework to protect and manage Australia's environment, particularly focusing on matters of national environmental significance. The Act is administered by the Australian Parliament and its primary policy objective is to safeguard the environment from significant impacts caused by human activities. The Act establishes mechanisms for the assessment and approval of actions that may affect matters of national environmental significance, such as listed threatened species and communities, and provides a framework for managing environmental risks associated with developments and activities. In accordance with the Act, the Department of Agriculture, Water and the Environment is responsible for overseeing the notification process for referrals requiring approval under Chapter 4 of the Act. Despite the Department's efforts to minimise missed notifications and ensure compliance with notification timeframes, occasional lapses can occur. The Department has implemented systems and quality assurance procedures to address these issues and to notify the public of any missed notifications, even if they occur after the prescribed timeframe. These measures are in place to maintain transparency and ensure that the public has access to complete information on environmental referrals and assessments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of entities and actions that may impact on matters of national environmental significance, including listed threatened species and communities. The Act primarily applies to Commonwealth and interstate actions, as well as certain activities in state waters and on Aboriginal land. The EPBC Act regulates actions that require approval, such as those with significant environmental impacts, and it also applies to actions that have been determined not to require approval. Certain actions may be assessed through an accredited state or territory assessment process, which can streamline the approval process. The Act can also extend or restrict its application through subordinate instruments, such as regulations or codes of practice. The EPBC Act has a broad jurisdictional reach, applying to actions across Australia, including those that affect the environment beyond state borders or in Commonwealth waters. While the Act applies to a wide range of entities and actions, there are some exclusions and exemptions, such as certain agricultural activities and actions undertaken by state governments within their jurisdictions. The Department of Agriculture, Water and the Environment is responsible for administering the EPBC Act and ensuring compliance with its provisions.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the actions that may require federal approval, particularly in relation to matters of national environmental significance. According to section 75 of the EPBC Act, certain activities are determined to require federal approval if they are likely to have a significant impact on matters of national environmental significance. These activities include, but are not limited to, mining projects, energy generation and supply projects, and infrastructure developments. For instance, Neoen Australia Pty Ltd's Victorian Big Battery project (reference 2020/8614) and Iluka Resources Limited's Atacama Mineral Sands Project (reference 2020/8617) are examples of actions that have been determined as requiring approval under this section. Conversely, some activities do not require federal approval if they are unlikely to significantly impact matters of national environmental significance. Defence Housing Australia's disposal of residential properties in Fremantle, WA (reference 2019/8593), is an example of an action that was determined not to require approval. The Act imposes several obligations on the parties or entities it governs. Firstly, proponents of activities that may impact matters of national environmental significance must submit an application to the Department of Agriculture, Water and the Environment for approval. This application must include detailed information about the proposed action, its potential environmental impacts, and measures to mitigate those impacts. For example, Consolidated Minerals Pty Ltd submitted an application for the Woodie Continued Operations Project (reference 2019/8610) that detailed the project's potential impacts on listed threatened species and communities and proposed mitigation measures. Secondly, proponents must adhere to any conditions imposed by the Minister for the Environment when granting approval. These conditions are designed to ensure that the proposed action does not have an unacceptable impact on matters of national environmental significance. Lastly, proponents must comply with any ongoing monitoring and reporting requirements specified in the approval. The EPBC Act also sets out various offences, penalties, and consequences for breaches. Under section 515 of the Act, a person who contravenes an approval condition may be liable for a civil penalty of up to $666,000 for a corporation or $133,000 for an individual. Additionally, section 516A imposes criminal penalties for serious and repeated breaches, with maximum penalties of up to $6.6 million for a corporation or $1.33 million for an individual, and imprisonment for up to five years. The Act also provides for the enforcement of compliance orders and injunctions to prevent or remedy non-compliance. The Act's provisions aim to ensure that activities that may impact matters of national environmental significance are subject to appropriate scrutiny and control.