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 (Cth) was enacted by the Commonwealth Parliament to address the need for a comprehensive framework for the protection of the environment, particularly with respect to matters of national environmental significance. The Act provides a mechanism for the protection of the environment by controlling actions that have, will have or are likely to have a significant impact on matters of national environmental significance, such as listed threatened species, communities and ecological places, World Heritage properties, and listed migratory species, among others. The policy objective of the Act is to promote the conservation of biodiversity and the ecologically sustainable use of natural resources. The Act sets out the processes for referral, assessment, approval and monitoring of actions that may impact on matters of national environmental significance. The Department of Agriculture, Water and the Environment is responsible for administering the Act and has implemented systems and quality assurance procedures to minimise any risk of missed notifications within the required timeframes. In the event that a notification is missed, the Department will endeavour to notify the public of the missed notification, even if the timeframe for notification has lapsed. The Department regrets any inconvenience caused by missed notifications and assures the public that such notifications do not affect subsequent processing of referrals or assessments, nor do they impact on decisions made under the Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to actions that may have a significant impact on matters of national environmental significance, as identified in the Act. This includes individuals, corporations, and government entities that propose actions that are listed as requiring approval under the Act, such as mining, energy generation and supply, water management, and transport projects. The geographic scope of the Act extends across Australia, including Commonwealth, state, and territory jurisdictions. The Act also provides for the establishment of assessment processes and the ability to accredit state and territory assessment processes. Certain actions may be exempt from the requirements of the Act if they meet specified criteria, such as minor actions or actions that have already undergone assessment under other legislation. The Act may be extended or restricted in application through the use of subordinate instruments, such as regulations or guidelines. The Department of Agriculture, Water and the Environment is responsible for administering the Act and ensuring compliance with its provisions.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a central piece of legislation in Australia that governs actions that may have a significant impact on matters of national environmental significance. Key sections such as sections 75, 87, 133, and 143 are particularly relevant to the approval and monitoring of certain projects. Section 75 of the EPBC Act identifies actions that require approval, such as those affecting listed threatened species and communities (sections 18 and 18A), water resources in relation to coal seam gas development and large coal mining development (sections 24D and 24E), and listed migratory species (sections 20 and 20A). Other sections, such as sections 21 and 22A, pertain to nuclear actions. Conversely, Section 75 also delineates actions that do not require approval, as evidenced by various project notifications such as the Theodore Solar Farm and the Morley-Ellenbrook Rail Line Part 2 in Western Australia. Under the EPBC Act, entities proposing actions that require approval must adhere to stringent obligations. They must submit comprehensive documentation, including preliminary reports and Public Environment Reports, and may need to undergo accredited assessment processes as per state or territory legislation. For instance, the Fairhill Coal Project in Queensland required a Public Environment Report, while the Morley-Ellenbrook Rail Line Part 2 in Western Australia was assessed under the Environmental Protection Act 1986 (WA). Additionally, the Act provides for the approval of projects with conditions, as seen in the case of the White Rock Wind Farm Modification in New South Wales, which was approved with specific conditions on 18 March 2020. The Act also imposes specific obligations on entities once an action has been approved. For instance, Section 143 allows for the variation of conditions of approval, as demonstrated by the variation of conditions for the Wild Dog Aerial Baiting Operation in Victoria on 10 March 2020. Furthermore, the Department of Agriculture, Water and the Environment has the authority to extend the time for decision-making under Section 130(4) of the Act, as illustrated by the extension for the Wollar Solar Farm in New South Wales to 1 May 2020. Breaches of the EPBC Act can result in significant consequences. While the specific offences and penalties are not detailed in the provided text, the Act generally allows for both civil and criminal penalties for non-compliance. Civil penalties can include substantial fines, while criminal penalties may include imprisonment. The Act also provides mechanisms for the enforcement of compliance, ensuring that entities are held accountable for their environmental impact. The Department of Agriculture, Water and the Environment takes any missed notifications seriously and ensures that they are communicated to the public, even if the statutory timeframes have lapsed. This commitment to transparency and accountability underscores the importance of adhering to the provisions of the EPBC Act.