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 (the EPBC Act) was enacted by the Parliament of Australia to provide for the protection of the environment, particularly matters of national environmental significance. This legislation addresses the problem of environmental degradation and biodiversity loss by establishing a framework for the assessment and approval of activities that may have a significant impact on the environment. The Act aims to ensure that decision-making processes consider environmental factors alongside economic and social considerations. The EPBC Act empowers the Department of Agriculture, Water and the Environment to manage and regulate activities that may impact the environment, with a focus on protecting threatened species, ecological communities, and other matters of national environmental significance. Despite the implementation of quality assurance procedures to minimise missed notifications, the Department acknowledges that some public notifications relating to the processing of referrals for approval under the EPBC Act may occasionally be missed or not meet the required timeframes. The Department has committed to notifying the public of any missed notifications to maintain transparency and ensure the completeness of the referral history.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to various persons and entities engaging in activities that may significantly impact matters of national environmental significance, including listed threatened species and communities, listed migratory species, and the ecological character of declared Ramsar wetlands. The Act has a national jurisdictional reach, affecting projects and developments across Australia, and includes provisions for both the Commonwealth and states. The application of the Act can be extended or restricted through subordinate instruments, such as accredited assessment processes under state legislation. Specific exclusions and exemptions are outlined within the Act and may vary depending on the nature of the project or development. The Department of Agriculture, Water and the Environment is responsible for ensuring compliance with the Act and managing the referral and assessment process for actions that require approval. Although the department has implemented quality assurance procedures to minimise missed notifications, instances of late notifications may occur, and efforts are made to inform the public of these instances to maintain transparency and accountability.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) outlines the key provisions and requirements for the protection of the environment, biodiversity, and heritage. Under sections 75 and 133, the Act provides for the approval or disapproval of specified actions that may significantly impact the environment, including threatened species, migratory species, and the ecological character of Ramsar wetlands. For instance, section 18 and 18A require consideration of actions that may affect listed threatened species and communities, while section 16 and 17B pertain to the ecological character of Ramsar wetlands. In some cases, such as the Rangoon Wind Farm (reference 2020/8807), the Act determines that an action does not require approval if it does not pose a significant environmental risk. The Act imposes various obligations on parties and entities conducting actions that may impact the environment. These obligations include preparing assessment reports, engaging in consultation with relevant stakeholders, and adhering to any conditions imposed by the Minister for the Environment. For example, the Albury City Council's Thurgoona Link Road project (reference 2020/8804) required preliminary documentation under section 87 of the Act. Similarly, the Staverton to Hampshire Hills Transmission Line and Substation project by Tasmanian Networks Pty Ltd (reference 2020/8817) required an accredited assessment under the Major Infrastructure Development Approvals Act 1999 (Tas). Failure to comply with the requirements of the EPBC Act may result in various civil and criminal penalties. The Act does not explicitly state the maximum penalties for breaches; however, penalties may include fines and imprisonment depending on the severity of the offence. For instance, the Piano Cove Golf Course and Hotel project by Hallwill Pty Ltd (reference 2020/8808) required consideration of its potential impact on listed threatened species and communities as well as the ecological character of a declared Ramsar wetland. In cases where the Department of Agriculture, Water and the Environment misses a notification within the required timeframe, the department has implemented systems and ongoing quality assurance procedures to minimise any risk of missing a notification. Even if a missed notification is identified after the timeframe has lapsed, the department will notify the public to ensure that the history of notifications for each referral is available. While the department regrets any inconvenience caused by a missed notification, it assures that such instances do not affect the subsequent processing of referrals or assessments and do not impact the decisions made.