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 (EPBC Act) was enacted by the Australian Parliament to provide for the protection of the environment, particularly matters of national environmental significance, by regulating activities that may impact on them. The EPBC Act establishes a framework for the assessment and approval of actions that may significantly affect the environment, including threatened species and ecological communities, and seeks to integrate environmental considerations into decision-making processes. The Act aims to ensure that development and resource use are balanced with environmental protection and conservation efforts. The Department of Sustainability, Environment, Water, Population and Communities is responsible for administering the EPBC Act, with a policy objective to protect and conserve Australia's environment, particularly its biodiversity and heritage, while supporting sustainable development.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of actions and entities, including corporations, individuals, and government bodies, that may impact matters of national environmental significance such as listed threatened species and communities, listed migratory species, and World Heritage properties. The geographic reach of the Act is national, applying to actions across Australia, including in territories. The Act provides for both the approval and non-approval of certain actions that may affect these environmental matters, with specific provisions detailing the types of actions that require approval or may not require approval provided they are conducted in a particular manner. Certain actions are explicitly excluded from requiring approval if they comply with specified conditions or are otherwise regulated under different legislative frameworks. The Act also allows for the extension of time for decision-making processes and the variation of conditions of approval to accommodate changing circumstances or new information. Subordinate legislation and regulations may further extend or restrict the application of the Act, providing additional detail on the specific requirements and processes involved in assessing and managing environmental impacts under the EPBC Act.

Key Provisions

The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) are sections 75, 87, 133, 143, and 130(4). Section 75 of the Act requires that certain actions be approved before they can be carried out if they are likely to have a significant impact on matters of national environmental significance. Section 87 outlines the assessment approach for such actions, and section 133 details the decision on approval, including any conditions that may be attached. Section 143 allows for the variation of the conditions of approval, and section 130(4) provides for the extension of time for certain actions. The Act imposes obligations and requirements on the parties or entities it governs, including the need to provide preliminary documentation (section 87), to comply with any conditions attached to an approval (section 133), and to vary the conditions of approval as necessary (section 143). The Act also provides for the extension of time for certain actions (section 130(4)). Breach of the Act may result in civil or criminal consequences, including fines and imprisonment. The maximum penalties for breaches of the Act are set out in section 528 of the Act, and may include fines of up to $666,000 for individuals and $3,330,000 for corporations, as well as imprisonment for up to five years. The Act also provides for the imposition of administrative penalties, including fines of up to $55,000 for individuals and $275,000 for corporations. The Act imposes specific obligations and requirements on the entities it governs. For example, under section 75, certain actions that are likely to have a significant impact on matters of national environmental significance must be approved before they can be carried out. This includes actions such as mining, exploration, and residential development. Entities must also comply with any conditions attached to an approval under section 133, and vary the conditions of approval as necessary under section 143. The Act also provides for the extension of time for certain actions under section 130(4). In addition, entities are required to provide preliminary documentation under section 87, which outlines the assessment approach for the action in question. The Act sets out the consequences for breach, including civil and criminal penalties. For example, under section 528, individuals and corporations may be subject to fines and imprisonment for breach of the Act. Administrative penalties may also be imposed under section 528A. The Act provides for a range of civil and criminal consequences for breach, including fines and imprisonment. Under section 528, individuals may be fined up to $66,600 and imprisoned for up to five years, while corporations may be fined up to $3,330,000 and imprisoned for up to five years. Administrative penalties may also be imposed under section 528A, which includes fines of up to $55,000 for individuals and $275,000 for corporations. The Act also provides for the imposition of environmental protection orders under section 497, which may include fines and imprisonment. In addition, the Act provides for the recovery of costs incurred in relation to the enforcement of the Act under section 515. The Act also provides for the imposition of public notifications and late notifications, which are intended to ensure transparency and accountability in the processing of referrals for approval under Chapter 4 of the Act.