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 to provide for the protection of the environment, particularly matters of national environmental significance, through a collaborative approach with state and territory governments. The EPBC Act was introduced to address the problem of ensuring the protection of the environment from potentially harmful actions by regulating activities that may impact on the environment, especially those of national environmental significance. The Act is administered by the Australian Government's Department of the Environment. The policy objective of the Act is to achieve ecologically sustainable development through the protection and conservation of the environment. The Department of the Environment ensures that public notifications and timeframes for referral processing under the EPBC Act are met, with quality assurance procedures in place to minimise any missed notifications.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of entities and actions that may impact matters of national environmental significance. These include actions that affect World Heritage properties, national heritage places, listed threatened species and ecological communities, listed migratory species, the Great Barrier Reef Marine Park, and water resources in relation to coal seam gas and large coal mining developments. The Act applies to both public and private sector entities, including companies, corporations, and individuals. It has a national jurisdictional reach, as it is a Commonwealth Act, and applies across Australia. There are several exclusions and exemptions within the Act, including certain activities carried out by the Commonwealth or under Commonwealth law, activities on non- Commonwealth land, and activities that are not likely to have a significant impact on matters of national environmental significance. The Act also provides for the regulation of certain activities through subordinate instruments, such as regulations and codes of practice. These instruments provide additional detail on the application of the Act and may impose additional requirements on entities and actions.

Key Provisions

The main sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) referenced in the gazette entries pertain to specific actions that require approval under the Act. These include actions affecting water resources in relation to coal seam gas development and large coal mining development (sections 24D and 24E), World Heritage properties (sections 12 and 15A), National Heritage places (sections 15B and 15C), listed threatened species and communities (sections 18 and 18A), listed migratory species (sections 20 and 20A), and the Great Barrier Reef Marine Park (sections 24B and 24C). The Act also includes provisions for determining whether certain actions require approval (section 75) and for approving actions with conditions (section 133). The EPBC Act imposes several obligations on parties and entities that are subject to its provisions. These include the requirement to submit preliminary documentation for certain actions (section 87), to provide public notifications and opportunities for public comment, and to comply with any conditions attached to an approval. In particular, for actions that require approval, proponents must submit detailed information about the potential environmental impacts of the action and propose measures to mitigate those impacts. For actions that are approved with conditions, proponents must adhere to the conditions set out in the approval, which may include measures to minimise environmental harm, monitoring requirements, and reporting obligations. Breach of the EPBC Act or non-compliance with the conditions of approval can result in both civil and criminal penalties. For example, knowingly or recklessly making a false or misleading statement in a document submitted under the Act can result in a civil penalty of up to $66,600 for an individual and $333,000 for a corporation. Similarly, intentionally engaging in an action that is prohibited or unauthorised by the Act can result in criminal penalties, including fines of up to $660,000 for an individual and $3.3 million for a corporation, and/or imprisonment for up to five years. The Act also provides for enforcement by authorised officers, who can issue infringement notices for certain offences and take legal action in more serious cases. Failure to comply with an approval condition can also result in enforcement action, including the potential for the approval to be revoked.