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 to provide for the protection of the environment, particularly with respect to matters of national environmental significance, as defined in the Act. The EPBC Act aims to safeguard Australia's natural heritage by regulating activities that may impact upon the environment, including the protection of listed threatened species, communities, and migratory species, as well as water resources in relation to coal seam gas development and large coal mining operations. The Act is administered by the Department of Agriculture, Water and the Environment, which has implemented systems and quality assurance procedures to ensure timely notifications and processing of referrals under the Act. Despite occasional missed notifications, the Department remains committed to transparency and public notification of all referral processes, even when deadlines have been missed, to maintain the integrity of the legislative framework.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various entities and individuals across Australia and extends to the protection of listed threatened species, communities, and migratory species, as well as the regulation of activities impacting water resources in relation to coal seam gas development and large coal mining development. This Act is applicable to actions that are categorised as requiring approval, such as the Australia Pacific LNG Gas Supply Security Project, and also to those actions determined not to require approval, like residential development and infrastructure projects. The geographical reach of the Act spans across different states and territories, including Queensland, Western Australia, and South Australia. The EPBC Act also allows for the extension or restriction of its application through subordinate instruments. Any exclusions, exemptions, or thresholds are determined by the specific provisions of the Act and the detailed assessments conducted by the Department of Agriculture, Water and the Environment. The department ensures ongoing quality assurance procedures to minimise the risk of missed notifications and commits to notifying the public even if the notification timeframe has lapsed.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment, particularly with regard to actions that may impact listed threatened species, communities, and migratory species, as well as water resources relevant to coal seam gas development and large coal mining operations. For instance, sections 18, 18A, 20, and 20A outline the protection of listed threatened species, listed communities, and listed migratory species, while sections 24D and 24E provide protections for water resources in relation to specific developments. Actions that require approval under this Act are detailed in section 75, which specifies the types of actions that must be assessed and potentially approved by the relevant authorities before proceeding. Entities and parties governed by the EPBC Act must adhere to the provisions that require them to seek approval for certain actions that may impact protected species and communities or water resources. For example, Australia Pacific LNG's Gas Supply Security Project in Queensland is listed as requiring approval under section 75, indicating that it must undergo a thorough environmental assessment before it can be authorised. Similarly, Montague Vy No1 Pty Ltd's project in Wilyabrup, Western Australia, is subject to an assessment approach outlined in section 87, which involves the submission of preliminary documentation for review. Breaches of the EPBC Act can result in various penalties and legal consequences. Although the specific penalties for violations are not detailed in the provided text, the Act generally imposes civil and criminal penalties for non-compliance. For instance, Atlas Iron Limited's Miralga Creek Project in Western Australia was approved with conditions in February 2021, highlighting the regulatory framework that ensures compliance with environmental protection standards. Failure to adhere to the conditions of approval or to submit the necessary documentation can result in legal action, fines, or other sanctions as deemed appropriate by the relevant authorities. The EPBC Act also provides mechanisms for variations in the conditions of approval, as seen in the cases of Australia Pacific LNG's expansion of Coal Seam Gas Fields and Lattice Energy Limited's Trieste 3D seismic survey in Western Australia. These variations can be approved under section 143 of the Act, allowing for adjustments to be made in response to new information or changing circumstances. Additionally, the Act includes provisions for extending the time for certain actions, as illustrated by the Saint Elmo Vanadium Project in Queensland, which was extended until March 2021. This flexibility ensures that the regulatory process can adapt to the needs of the projects while maintaining environmental protections.