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 (EPBC Act) was enacted by the Parliament of Australia to provide for the protection of the environment, particularly matters of national environmental significance, by regulating activities that may have a significant impact on the environment. The Act aims to ensure that environmental considerations are integrated into decision-making processes at both federal and state levels. It establishes a framework for the assessment and approval of activities that may affect matters of national environmental significance, including World Heritage properties, listed threatened species and ecological communities, and listed migratory species. The policy objective of the Act is to achieve ecologically sustainable development through the protection and conservation of the environment. The Department of Agriculture, Water and the Environment is responsible for administering the EPBC Act, including the assessment and approval of activities that may have a significant impact on the environment. The department has implemented systems and quality assurance procedures to minimise the risk of missed or delayed notifications to the public regarding the processing of referrals for approval under the Act. In cases where a missed notification is identified, the department will endeavour to notify the public of the referral, even if the notification is outside the required timeframe. This ensures that the history of notifications for each referral is available to the public, and the department regrets any inconvenience caused by missed notifications. Importantly, late notifications do not affect subsequent processing of referrals or the decisions made under the Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various industries, projects, and activities across Australia, with a focus on protecting the environment and managing biodiversity. The Act applies to both Commonwealth and non-Commonwealth activities, including mining, energy generation, residential and commercial development, and infrastructure projects, that may have a significant impact on matters of national environmental significance, such as World Heritage properties, listed threatened species and communities, and listed migratory species. The EPBC Act also applies to actions within Australia's territorial sea, the process of listing threatened species and ecological communities, and the granting of approval for controlled actions. The geographic reach of the Act is national, covering all of Australia and its territorial waters. The Act may extend or restrict its application through subordinate instruments, such as regulations and codes of practice. There are certain exclusions and exemptions under the Act, such as activities covered by other Commonwealth legislation, certain activities of the Commonwealth, State or Territory governments, and some minor activities that do not pose a significant environmental risk. The Act does not apply to activities that occur entirely within a State or Territory and do not have a significant impact on matters of national environmental significance.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs several significant actions through its various sections. Section 75 identifies actions that require approval, such as mining in Shark Bay Resources (2020/8717), while Section 133 details those approved with conditions, like the Rye Park Wind Farm in New South Wales (2020/8837). Section 143 deals with variations of conditions of approval, such as the South Gippsland Highway Realignment in Victoria (2017/8070). Additionally, Section 130(4) allows for the extension of time for certain projects, as seen in the Bussell Highway Duplication Hutton to Sabina in Western Australia (2020/8800). The Act imposes specific obligations and requirements on entities and parties involved in actions requiring approval. These include providing detailed environmental impact assessments, ensuring compliance with national and international heritage listings, and mitigating potential harm to listed threatened species and communities. For instance, the Shark Bay Resources Dredging project must adhere to provisions related to World Heritage, National Heritage, and listed threatened species and communities (sections 12, 15A, 18, and 18A). Similarly, the Burrendong Wind Farm in New South Wales must consider impacts on listed threatened species and migratory species (sections 18, 18A, 20, and 20A). Failure to comply with the provisions of the EPBC Act can result in various civil and criminal consequences. The Act stipulates offences under sections that can lead to penalties. For example, unauthorised actions that harm listed threatened species can incur significant fines. The exact penalties vary depending on the severity and nature of the breach but can include substantial financial penalties and, in severe cases, imprisonment. The Act ensures that entities and individuals are held accountable for environmental harm and non-compliance with environmental protection standards.