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 introduced to address the need for a comprehensive national framework to protect and manage the environment, particularly in relation to matters of national environmental significance. The Act empowers the Australian Government to protect and manage environmental values by regulating actions that may have a significant impact on the environment, including those that affect world heritage properties, national heritage places, listed threatened species and ecological communities, listed migratory species, and the Great Barrier Reef Marine Park. The EPBC Act is enacted by the Australian Parliament and its policy objective is to provide for the protection of the environment, particularly matters of national environmental significance, through the regulation of actions that may have a significant impact on the environment. The Department of Agriculture, Water and the Environment is responsible for administering the Act, and it has implemented systems and ongoing quality assurance procedures to ensure that notifications are not missed or delayed. While late notifications may occasionally occur, they do not affect the processing of referrals or assessments, nor the decisions made under the Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to any actions that may have a significant impact on matters of national environmental significance, as defined in the Act, which includes World Heritage properties, listed threatened species and ecological communities, listed migratory species, the Great Barrier Reef Marine Park, and the Ramsar-listed wetlands. The Act applies to all persons and entities, including individuals, corporations, partnerships, and government bodies, within the Commonwealth of Australia and its external territories. The Act's provisions extend to actions taken both within Australia and overseas if they have a significant impact on matters of national environmental significance in Australia. The Act also provides for the creation of regulations and guidelines to further define the scope of the Act and to provide more detailed guidance on the assessment and approval processes. The Act does not apply to actions that are specifically exempted under the Act or that fall below a prescribed threshold for significance. The Act's application may be extended or restricted through the creation of subordinate instruments, such as regulations and guidelines, which provide more detailed guidance on the assessment and approval processes. For example, the Act may be extended to apply to additional actions or to apply in additional circumstances through the creation of regulations that expand the definition of "actions" or that identify additional matters of national environmental significance. The Act's application may also be restricted through the creation of exemptions or thresholds that exclude certain actions or circumstances from the scope of the Act. For example, the Act may be restricted to apply only to actions that meet a certain level of significance, or that have a certain type of impact, through the creation of thresholds that define what constitutes a "significant impact" for the purposes of the Act.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) includes provisions for the assessment and approval of certain actions that may impact the environment, including listed threatened species and communities, World Heritage, National Heritage, listed migratory species, and the Great Barrier Reef Marine Park (sections 12, 15A, 18, 18A, 20, 20A, 24B, and 24C). Section 75 of the Act specifies actions that require approval, while section 133 deals with the approval process itself, which may include conditions. The Act also allows for the variation of conditions of approval under section 143, and provides for the extension of time for certain notifications under section 130(4). Entities or parties involved in actions that require approval under the EPBC Act must adhere to the requirements and processes outlined in the Act. This includes providing preliminary documentation or a public environment report as part of the assessment approach (section 87). Once an action has been approved, the approving authority may impose conditions to mitigate potential environmental impacts. These conditions must be followed by the entity or party involved. Additionally, the Department of Agriculture, Water and the Environment has the authority to vary the conditions of approval if necessary, as per section 143 of the Act. Breaches of the EPBC Act can result in both civil and criminal consequences. For instance, section 528 of the Act outlines offences related to the unauthorised taking of a native species or community, which can lead to significant penalties. The maximum penalty for an individual can be up to $375,000 or imprisonment for five years, or both. Similarly, section 529 addresses offences related to the unauthorised damaging or destroying of a listed threatened species or community, with penalties that can reach up to $500,000 or imprisonment for seven years, or both. The Act also allows for the imposition of civil penalties for breaches of conditions of approval, which can amount to significant financial penalties. It is important for entities and individuals to comply with the requirements of the EPBC Act to avoid these potential consequences.