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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework to protect and manage Australia's environment, including its biodiversity and heritage, in a sustainable manner. This Act provides a mechanism for the Commonwealth to work in partnership with the states and territories to ensure the protection of matters of national environmental significance, including listed threatened species and communities, World Heritage properties, and wetlands of international significance, among others. The policy objective of the EPBC Act is to promote the sustainable use of natural resources while protecting and conserving the environment. The EPBC Act is administered by the Australian Government's Department of the Environment, which is responsible for the assessment and approval of actions that may have a significant impact on the environment. The Department has implemented systems and ongoing quality assurance procedures to minimise the risk of missed notifications and to ensure that the history of notifications for each referral is available to the public. This commitment to transparency and accountability is a critical component of the EPBC Act's overall objective of promoting sustainable environmental management in Australia.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a Commonwealth Act that applies to a broad range of actions across Australia that may have a significant impact on matters of national environmental significance, including listed threatened species and ecological communities, World Heritage properties, wetlands of international significance, and other environmental aspects defined under the Act. This legislation applies to both individuals and entities, encompassing industries such as mining, transport, waste management, and energy generation, among others. The geographic reach of the Act is national, covering all states and territories in Australia. The Act may include exclusions, exemptions, or thresholds specified in subordinate instruments or specific provisions, which may vary based on the nature of the proposed action and its potential environmental impact. The Act can also extend or restrict its application through regulations and guidelines, ensuring comprehensive environmental protection across diverse sectors and activities.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) sets out several key provisions relating to the assessment and approval of actions that may impact on matters of national environmental significance. Section 75 of the EPBC Act (1) specifies the actions that require approval under the Act, such as those that may have a significant impact on listed threatened species and ecological communities (sections 18 and 18A) (2). Section 87 of the EPBC Act (3) outlines the assessment approach to be used for determining whether an action requires approval, including the use of preliminary documentation. Section 133 of the EPBC Act (4) details the process for approving an action, which may be subject to conditions. Section 143 of the EPBC Act (5) allows for the variation of the conditions of approval of an action. Finally, section 155 of the EPBC Act (6) provides for the lapsing of proposals for approval. The Act imposes several obligations on parties or entities that are subject to its provisions. These include the requirement to notify the Department of the Environment of actions that may require approval under the EPBC Act (7), to provide any necessary information and documentation to support an application for approval (8), and to comply with any conditions imposed on the approval of an action (9). The Act also requires the Department of the Environment to assess the potential environmental impacts of an action and to make a decision on whether to approve the action, and if so, subject to what conditions (10). Breach of the provisions of the EPBC Act may result in a range of civil and criminal consequences, including fines and imprisonment. The maximum penalties for breaches of the Act vary depending on the specific provision that has been breached, but can include fines of up to $666,000 for individuals and $3.3 million for corporations, as well as imprisonment for up to five years (11). In addition, the Act provides for the recovery of costs incurred by the Department of the Environment in assessing and approving actions under the Act (12). It is important to note that the Department of the Environment has implemented systems and ongoing quality assurance procedures to minimise the risk of missed notifications or delays in processing referrals for approval under the EPBC Act (13). However, the Department acknowledges that occasional missed notifications may still occur and will endeavour to notify the public of any such missed notifications, even if the timeframe for notification has lapsed (14). The Department regrets any inconvenience that may be caused by such missed notifications, but assures the public that they do not affect the subsequent processing of referrals or the decisions made thereon (15).