Actions Determined as Requiring Approval, Actions Determined as Not Requiring Approval, Assessment Approach, Decision on Approval, Variation of Conditions of Approval, Exemption

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Commonwealth Parliament to provide for the protection of the environment, particularly the nation’s biodiversity and matters of national environmental significance. This Act serves to address significant environmental issues at both national and international levels by regulating actions that may impact on the environment, including the protection of threatened species, communities, and ecological places of importance. The overarching policy objective is to ensure that environmental considerations are integrated into decision-making processes, thereby promoting sustainable development. The Act provides a framework for the assessment and approval of actions that may have substantial environmental impacts, ensuring that they are managed in a way that protects and conserves the environment.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to any actions that are deemed to have a significant impact on matters of national environmental significance, as defined by the Act. This includes the protection of listed threatened species and ecological communities, endangered species, wetlands of international significance, and the World Heritage properties within Australia. The Act applies to individuals, corporations, and public authorities, regardless of where the action takes place within Australia or its territorial sea. The Act also applies to actions that occur outside of Australia's jurisdiction if they are likely to significantly affect matters of national environmental significance within Australia. The Act includes various exemptions and exclusions, such as actions that have already been approved by the relevant authorities, or actions that are exempt under the Act or other relevant legislation. The scope and application of the Act can be extended or restricted through the making of subordinate instruments by the Governor-General.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) sets out the framework for protecting the environment, particularly focusing on matters of national environmental significance. Section 75 of the EPBC Act requires that certain actions, which could have a significant impact on matters of national environmental significance, need approval from the Minister. For instance, the Eliwana Iron Ore Mine Project by Fortescue Metals Group Ltd in Western Australia and a residential development by Folkestone Proprietary Limited in South Australia are examples of actions that fall under this requirement. These projects must undergo an assessment to ensure that they do not adversely affect listed threatened species and communities, as outlined in sections 18 and 18A of the Act. Under the EPBC Act, entities must comply with a number of obligations and requirements to ensure that their actions do not harm the environment. For example, entities must submit assessment approaches and preliminary documentation for proposed actions that require approval. The Eliwana Iron Ore Mine Project was assessed under the Environmental Protection Act 1986 (WA), while the residential development in Marino, South Australia, required preliminary documentation as part of its assessment. Furthermore, once an action has been approved, the approving authority may impose conditions to mitigate any environmental harm, as seen in the case of the residential subdivision in Mudgee, New South Wales, which was approved with specific conditions. Failure to comply with the requirements of the EPBC Act can result in various penalties and consequences. The Act provides for both civil and criminal penalties for breaches. Civil penalties can include fines of up to $720,000 for corporations and $72,000 for individuals for each offence, as well as potential injunctions or orders to remedy environmental harm. Criminal penalties can include fines of up to $660,000 for corporations and $132,000 for individuals, and imprisonment for up to five years for individuals. Additionally, the Act allows for exemptions from certain provisions under specific circumstances, as demonstrated by the exemption granted for the North Coast Shark Meshing Trial in New South Wales. These exemptions are subject to public notification and reasons must be provided for any exemption granted.