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 and Lapsed Proposals

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 the regulation of activities that have, or potentially could have, a significant impact on the environment. The EPBC Act was introduced to address the need for a comprehensive framework that could effectively manage and protect Australia's environment amidst increasing industrial and commercial activities. This Act is administered by the Australian Government's Department of Agriculture, Water and the Environment, which has the policy objective of ensuring that environmental considerations are integrated into decision-making processes for developments that might impact the environment. The department strives to notify the public of referral decisions in a timely manner, although it acknowledges that occasional delays can occur and has established measures to rectify such instances to maintain transparency and public trust. The EPBC Act addresses various environmental concerns including the protection of listed threatened species and communities, World Heritage and National Heritage properties, and water resources in relation to specific developments. The legislation also outlines processes for assessing, approving, varying, and declining actions that may affect the environment, as well as mechanisms for managing lapsed proposals and extensions of approval timelines. The Department of Agriculture, Water and the Environment takes seriously any instances where notifications are missed or delayed, ensuring that even late notifications are communicated to the public to maintain a comprehensive and transparent record of environmental assessments and decisions.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various projects and actions that may impact on matters of national environmental significance. These include listed threatened species and ecological communities, World Heritage properties, National Heritage places, water resources, and radioactive substances. The Act applies to actions undertaken by individuals, corporations, and Commonwealth entities, and it has a national jurisdictional reach. Certain actions are determined to require approval under the EPBC Act, and in these cases, the Department of Agriculture, Water and the Environment assesses the potential environmental impacts of the proposed action and makes a decision on whether to approve the action with conditions or not. The Act also provides for the assessment of actions that are not determined to require approval, the variation of conditions of approval, and the extension of time for decision-making. The Act may also apply to actions through subordinate instruments, such as regulations or guidelines. Some exclusions, exemptions, or thresholds may apply depending on the specific circumstances of the action.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) sets out key provisions for the management of activities that may impact on matters of national environmental significance. Under the EPBC Act, certain actions are designated as requiring approval (sections 7.3 and 75). This includes activities such as mining, commercial developments, and tourism projects, which may impact listed threatened species and communities (sections 18 and 18A), World Heritage properties (sections 12 and 15A), National Heritage places (sections 15B and 15C), or water resources (sections 24D and 24E). Approval for these actions can only be granted by the Minister if the action does not have, or will not have, a significant impact on a matter of national environmental significance, or if the impact is minimised (section 133). Conversely, some actions are determined not to require approval if they do not have, or will not have, a significant impact on a matter of national environmental significance (section 75). The EPBC Act imposes obligations on proponents of actions requiring approval to prepare and submit an assessment of the potential environmental impacts of the action, along with a proposal for mitigating any significant adverse impacts (section 87). Proponents must also provide any information or documentation requested by the Minister during the assessment process (section 88). Additionally, the Act requires proponents to comply with any conditions imposed on the approval of the action, such as environmental management plans or monitoring requirements (section 143). Failure to comply with the requirements of the EPBC Act may result in civil or criminal penalties. For example, individuals or corporations who fail to comply with an approval condition may be liable to a fine of up to $66,600 for each day the breach continues (section 528). Additionally, individuals who intentionally, recklessly or negligently cause a breach of the Act may be liable to a fine of up to $550,000 or imprisonment for up to five years, or both (section 529). Corporations who cause a breach of the Act may be liable to a fine of up to $2.75 million (section 530). The Act also provides for the recovery of costs incurred by the Commonwealth in investigating or prosecuting breaches of the Act (section 531).