Actions Determined as Requiring Approval, Actions Determined as Not Requiring Approval, Assessment Approach, Decision on Approval, Variation of Conditions of Approval, Notice of Extension of Time

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance, as defined by the Act. This legislation addresses gaps in environmental protection by establishing a framework for the assessment and approval of activities that may have a significant impact on the environment. The Act is administered by the Australian Government's Department of the Environment, which is responsible for enforcing and overseeing the provisions of the Act to ensure compliance and mitigate environmental harm. The policy objective of the Act is to promote the conservation of biodiversity and the sustainable use of natural resources, while also recognising the importance of economic and social development. Through its comprehensive approach, the Act seeks to balance environmental protection with the need for economic growth and development.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to a wide range of entities and activities within Australia and its territories, governing actions that may have a significant impact on matters of national environmental significance. This includes both Commonwealth and non-Commonwealth activities, ensuring that any proposed development or activity is assessed for potential impacts on listed threatened species and communities, listed migratory species, wetlands of international importance, and other specified areas. The Act mandates that certain actions, such as mining, energy generation and supply, exploration, and commercial developments, require approval under the Act if they are likely to have a significant impact on protected environmental matters. Approval can be granted subject to conditions that aim to mitigate any adverse environmental effects. The Act extends its jurisdiction to cover both terrestrial and marine environments within Australia's territorial limits, ensuring comprehensive environmental protection. Notably, the Act provides for exclusions and exemptions, and certain thresholds may exempt minor actions from the need for approval. The scope of the Act can be further refined through subordinate legislation, which may introduce additional requirements or clarify existing provisions.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs various activities that may impact the environment, including actions that require approval, those determined not to require approval, and specific assessment approaches for certain projects. Section 75 of the Act identifies actions that need approval, such as those impacting listed threatened species and communities (sections 18 & 18A), listed migratory species (sections 20 & 20A), wetlands of international importance (sections 16 & 17B), and Commonwealth marine areas (sections 23 & 24A). Section 75 also determines actions that do not require approval, such as the Jacobs Rock Quarry Three Investigative Drill Holes by Civil & Geotechnical Engineers - Norfolk Island Pty Ltd (reference 2014/7212), the relocation of an existing overhead powerline by Joyful View Garden Real Estate Development Resort P/L ATF Joyful View Unit Trust (reference 2014/7211), and the commercial and residential development at Wongaling Beach by Rosegem Pty Ltd Trustee for Giufre Developments Unit Trust (reference 2014/7211). Section 87 of the Act outlines the assessment approach, with preliminary documentation required for projects like the replacement crude-condensate pipeline by Esso Australia Resources Pty Ltd (reference 2014/7202), the Bunbury Port Berth 14A Expansion & Coal Storage & Loading Facility by Lanco Resources Australia Pty Ltd (reference 2014/7200), the Wonnerup North Mineral Sands Project by Cristal Australia Pty Ltd (reference 2014/7205), and the industrial subdivision by Axxcel Management Services Pty Ltd (reference 2014/7208). Additionally, section 133 of the Act details the approval decisions, such as the approved Springsure Creek Coal Project by Springsure Creek Coal Pty Ltd (reference 2010/5782), and section 143 addresses variations of conditions of approval, like the Werri Creek Life of Mine Extension Project by Whitehaven Coal Limited (reference 2010/5571). The EPBC Act imposes various obligations and requirements on the parties or entities it governs. For actions that require approval, entities must submit a referral to the Department of the Environment, which will then assess the potential environmental impacts of the proposed action. This process may involve public consultations and submissions from relevant stakeholders. Approved actions must adhere to the conditions set out in the approval decision, which may include measures to mitigate any potential environmental harm. For actions determined not to require approval, entities must still comply with other relevant environmental laws and regulations. The Act also mandates that the Department of the Environment implement systems and ongoing quality assurance procedures to minimize the risk of missing notifications within the required timeframe. In the event of a missed notification, the Department of the Environment will endeavour to notify the public, even if the timeframe for notification has lapsed. The EPBC Act outlines various offences, penalties, and civil or criminal consequences for breach. Section 519 of the Act states that a person who contravenes the Act, or any condition of an approval, may be liable for a civil penalty of up to $1.1 million for a corporation and $220,000 for an individual, or both. Additionally, section 528A imposes criminal penalties for serious environmental offences, with a maximum penalty of up to 10 years imprisonment and/or a fine of up to $66,000,000 for a corporation and $1.32 million for an individual. These penalties serve to deter non-compliance with the Act and to ensure the protection of Australia's environment and biodiversity. The Act also provides for the enforcement of these penalties by authorised officers, who may issue infringement notices or initiate legal proceedings against offenders.