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 was enacted to provide for the protection of the Australian environment, particularly matters of national environmental significance. The Act addresses gaps in environmental protection by establishing a framework for the assessment and approval of actions that may significantly impact the environment, including listed threatened species and ecological communities. The legislation is overseen by the Australian Parliament and aims to protect and conserve the environment while facilitating sustainable development. The Act provides mechanisms for the assessment and approval of actions that may affect the environment, including the referral process for actions that require approval under the Act. The Department of the Environment ensures that notifications of referrals are processed within the required timeframes and takes steps to minimise any risk of missed notifications. The Environment Protection and Biodiversity Conservation Act 1999 aims to protect and conserve Australia's environment, particularly matters of national environmental significance. The Act provides a framework for the assessment and approval of actions that may significantly impact the environment, including listed threatened species and ecological communities. The Act is overseen by the Australian Parliament and aims to balance environmental protection with sustainable development. The Department of the Environment implements systems and ongoing quality assurance procedures to ensure that notifications of referrals are processed within the required timeframes. The Department regrets any inconvenience caused by missed notifications and takes steps to notify the public of such missed notifications, ensuring that the history of notifications for each referral is available. The Act provides mechanisms for the assessment and approval of actions that may affect the environment, including the referral process for actions that require approval under the Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of activities and entities across Australia. It governs actions that may significantly impact matters of national environmental significance, such as listed threatened species and ecological communities, World Heritage properties, and other protected areas. The Act applies to both individuals and entities, encompassing industries such as mining, commercial development, and natural resource management. It includes actions that require approval under sections 75 and 133 of the Act, as well as those that are subject to assessment approaches outlined in section 87. The Act’s jurisdiction extends nationally, covering all states and territories within Australia. Specific exclusions, exemptions, or thresholds may apply depending on the nature and scale of the proposed action. The application and scope of the Act may be further refined through subordinate instruments and regulations, which provide detailed guidelines and criteria for assessing and approving actions.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the "EPBC Act") contains various provisions that govern actions that impact on matters of national environmental significance. Section 75 of the Act sets out the actions that require ministerial approval before they can be carried out. These include actions that may have a significant impact on listed threatened species or ecological communities, as specified in sections 18 and 18A of the Act. The Act also provides for certain actions to be approved with conditions (section 133), to have their conditions varied (section 143), or to have their approval decision lapsed (section 155). Additionally, section 130(4) of the Act allows for the extension of time for decision making on a referral, where justified. Entities or individuals seeking to undertake actions that may impact on matters of national environmental significance must comply with the requirements of the EPBC Act. This includes providing relevant information and documentation to the Department of the Environment for assessment, and adhering to any conditions that may be imposed on their approval. Failure to comply with the Act may result in the imposition of civil or criminal penalties, including fines and imprisonment. The EPBC Act also sets out various offences and penalties for breaches of the Act or its regulations. For example, section 528 of the Act provides that a person who contravenes a provision of the Act or its regulations is guilty of an offence and is liable to a fine of up to $66,000 for a individual and $330,000 for a body corporate. Section 529 of the Act provides that a person who engages in an activity that is likely to have a significant impact on a matter of national environmental significance is guilty of an offence and is liable to a fine of up to $660,000 for an individual and $3.3 million for a body corporate. In addition, section 530 of the Act provides that a person who intentionally or recklessly causes harm to a listed threatened species or community is guilty of an offence and is liable to a fine of up to $275,000 for an individual and $1.375 million for a body corporate, and/or imprisonment for up to five years.