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, and to support sustainable development by managing the impacts of actions on the environment. The Act addresses gaps in environmental protection by offering a framework for the assessment and approval of actions that may significantly impact the environment, including listed threatened species, communities, and migratory species, as well as Commonwealth marine areas. The EPBC Act is administered by the Australian Parliament, with the Department of Agriculture, Water and the Environment playing a crucial role in its implementation. The policy objective of the Act is to ensure that environmental considerations are integrated into decision-making processes, thereby promoting the conservation of biodiversity and the sustainable use of natural resources.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to actions that may have a significant impact on matters of national environmental significance, including listed threatened species and communities, listed migratory species, and Commonwealth marine areas. This Act applies to various persons and entities, such as companies, local councils, and government departments, as well as their proposed actions, projects, or developments. The geographic reach of the Act is national, applying across all states and territories of Australia, as well as external territories, and areas beyond Australia's territorial sea. The Act's provisions may be extended or restricted through subordinate instruments, which include regulations, codes of practice, or guidelines. Some public notifications on the Internet and in the Gazette relating to the processing of referrals for approval under Chapter 4 of the EPBC Act may occasionally be missed in processing by the Department of Agriculture, Water and the Environment or may not meet timeframes for notification. However, the Department has implemented systems and ongoing quality assurance procedures to minimise any risk of missing a notification within the required timeframe. When a missed notification is identified, the practice is to notify it, even though the timeframe for notification has lapsed, to ensure the history of notifications for each referral is available to the public. The EPBC Act sets out specific exclusions, exemptions, and thresholds, which may apply to particular actions or industries. For example, certain low-risk activities or actions that have already undergone assessment and approval under other legislation may be exempt from the EPBC Act's requirements. Additionally, some actions may be subject to streamlined assessment processes if they are considered to have minimal environmental impact. The Act also includes a "triggering" mechanism, which requires proponents of actions to determine if their proposed action is likely to have a significant impact on a matter of national environmental significance. If the answer is yes, the proponent must then seek approval from the relevant Minister before proceeding with the action. The approval process may involve public consultation and assessment by independent experts, depending on the nature and scale of the proposed action.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a comprehensive piece of legislation designed to protect Australia's biodiversity and manage its environmental impacts. Section 75 of the Act outlines the actions that require ministerial approval, such as activities that may have a significant impact on listed threatened species, communities, and migratory species, or on Commonwealth marine areas. For instance, the proposed extension of Morisset Road between Flemington Road and Federal Highway in the Australian Capital Territory, as referenced in the Gazette under reference 2020/8822, requires ministerial approval due to its potential impact on listed threatened species and communities. On the other hand, section 75 also specifies actions that do not require approval, such as the residential development in Byford, Western Australia, mentioned in the Gazette under reference 2020/8779. The Act imposes specific obligations and requirements on parties and entities it governs. Section 87 of the EPBC Act outlines the assessment approach for actions that require approval. For example, Transport Canberra and City Services' proposal for the Morisset Road extension must submit preliminary documentation for assessment. Furthermore, section 133 governs the approval of actions with conditions, as seen in the decision to approve the Kemerton SIA Road and Drainage project in Western Australia, which was approved with conditions on 17/03/2019. Section 143 allows for the variation of conditions of approval, which was applied in the case of Lendlease Communities (Springfield) Pty Ltd’s residential development in Queensland, approved with conditions on 30/11/2020. The EPBC Act also outlines potential offences, penalties, and consequences for breaches. While the specific penalties are not detailed in the provided text, the Act generally includes provisions for both civil and criminal penalties for non-compliance with its requirements. For instance, failure to comply with the conditions of an approval could result in legal action being taken against the entity responsible. Additionally, section 130(4) provides for the extension of time for certain actions, such as the Warrawoona Gold Project in Western Australia, which was extended to 15/02/2021. Finally, section 155 addresses lapsed proposals, such as the offshore tidal energy facility in Port Phillip Bay, Victoria, which lapsed on 1/12/2020.