Actions Determined as Requiring Approval, Actions Determined as Not Requiring Approval, Assessment Approach, Decision on Approval, Variation of Conditions of Approval and Notice of Extension of Time

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, by regulating actions that may have a significant impact on the environment. This federal legislation aims to ensure that development and other actions are undertaken in a sustainable manner and that the potential environmental impacts are appropriately assessed and managed. The EPBC Act is administered by the Australian Government, specifically the Department of Agriculture, Water and the Environment, which is responsible for the administration and enforcement of the Act. The policy objective of the EPBC Act is to protect and conserve Australia's biodiversity, natural heritage, and cultural heritage, while also promoting sustainable development and ensuring that the impacts of actions on the environment are adequately assessed and mitigated. The EPBC Act establishes a framework for the assessment and approval of actions that may have a significant impact on matters of national environmental significance, including listed threatened species and communities, listed migratory species, world heritage properties, and Ramsar-listed wetlands, among others. The Act also provides for the establishment of a referral system to identify actions that may require approval under the Act and for the assessment of these actions to determine their potential environmental impacts. The EPBC Act aims to strike a balance between the need for economic development and the protection of the environment, by ensuring that the potential environmental impacts of actions are adequately assessed and managed, and that development is undertaken in a sustainable manner.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to actions that may have a significant impact on matters of national environmental significance, which include matters listed in the Environment Protection and Biodiversity Conservation Regulations, such as listed threatened species and communities, listed migratory species, World Heritage properties, and the water resources of the Great Barrier Reef. The Act applies to both the Commonwealth and State/Territory governments, as well as to private individuals, companies, and other entities. The geographic reach of the Act is national, as it applies to actions that occur within Australia and its external territories. Certain actions are exempt from the requirements of the Act, including actions that are authorised by a State or Territory environment protection law and meet certain criteria, and actions that are listed in the regulations as being exempt from the requirement to prepare an Environment Effects Statement. The Act also provides for the extension or restriction of its application through subordinate instruments, such as regulations and guidelines. The Department of Agriculture, Water and the Environment is responsible for administering the Act and ensuring that appropriate assessments and approvals are obtained for actions that may have a significant impact on matters of national environmental significance.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs actions that may impact listed threatened species and communities, listed migratory species, or matters of national environmental significance. Sections 18 and 18A of the Act pertain to actions that may affect listed threatened species and communities, while sections 20 and 20A relate to actions impacting listed migratory species. Section 75 of the Act mandates that certain actions require approval, as identified in the Gazette, while others do not (sections 75 and 133). The Act imposes obligations on parties or entities to assess the potential impact of their proposed actions on matters of national environmental significance, listed threatened species and communities, and listed migratory species. Where an action is determined to require approval under section 75, the responsible party must submit a referral to the Department of Agriculture, Water and the Environment for assessment. The Department then determines whether the action will have a significant impact on matters of national environmental significance and whether approval is required. Where approval is required, the Department assesses the action and determines whether to grant approval, with or without conditions. Breach of the EPBC Act may result in civil or criminal consequences. For example, section 528 of the Act provides that a person who engages in an action that contravenes the Act may be liable for a penalty of up to $720,000 for a corporation and $72,000 for an individual. Section 528A provides that a person who engages in an action that is likely to have a significant impact on a matter of national environmental significance may be liable for a penalty of up to $10.8 million for a corporation and $1.08 million for an individual. Additionally, section 530 of the Act provides that a person who engages in an action that results in the death or injury of a listed threatened species or community may be liable for a penalty of up to $216,000 for a corporation and $21,600 for an individual. The Act also provides for enforcement by authorised officers, who may issue infringement notices or refer matters to the Commonwealth Director of Public Prosecutions for criminal prosecution. In summary, the EPBC Act governs actions that may impact matters of national environmental significance, listed threatened species and communities, and listed migratory species. The Act imposes obligations on parties or entities to assess the potential impact of their proposed actions and seek approval where required. Breach of the Act may result in civil or criminal consequences, including significant penalties. The Department of Agriculture, Water and the Environment has implemented systems and ongoing quality assurance procedures to minimise any risk of missed notifications within the required timeframe.