Actions Determined as Requiring Approval, Actions Determined as Not Requiring Approval, Assessment Approach, Decision on Approval

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 establish a framework for the assessment and approval of certain actions that may impact the environment. The EPBC Act is administered by the Australian Government's Department of the Environment and Energy, and its policy objective is to ensure that the environment is protected while allowing for sustainable development. The Act was introduced to address the need for a comprehensive legal framework that integrates environmental protection with economic and social considerations. The Act outlines the processes for approving, assessing, and monitoring actions that may have a significant impact on the environment, including listed threatened species and communities. The EPBC Act plays a crucial role in safeguarding Australia's natural heritage and ensuring that development projects are undertaken in an environmentally responsible manner.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to actions that may significantly impact matters of national environmental significance, as identified under the Act. This includes actions by individuals, corporations, and other entities that may affect listed threatened species and ecological communities, World Heritage properties, wetlands of international significance, nuclear actions, and other specified environmental aspects. The Act has a national jurisdictional reach, applicable across all states and territories in Australia, with the Commonwealth having the overarching responsibility for environmental protection and biodiversity conservation. The Act includes provisions for exclusions, exemptions, and thresholds, which may vary based on the type of action and its potential environmental impact. Subordinate instruments may further extend or restrict the application of the Act, providing detailed guidelines and regulations that complement the primary legislation.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the approval process for actions that may impact on matters of national environmental significance. Section 75 of the Act mandates that certain actions require approval before they can proceed, while other actions are deemed not to require approval, as outlined in section 75. The specific actions that require approval are listed under section 18 and 18A, which pertain to listed threatened species and communities. The actions determined as requiring approval include a sand quarry development in Bullsbrook, Western Australia (EPBC Act s.75, reference 2017/8104), a residential development in Upper Swan, Western Australia (EPBC Act s.75, reference 2017/8062), and a quarry overburden expansion project in Symonston, Australian Capital Territory (EPBC Act s.75, reference 2018/8151). Conversely, actions that do not require approval include a solar farm in Queensland (EPBC Act s.75, reference 2017/8120) and a Clyde Barging Facility in New South Wales (EPBC Act s.75, reference 2018/8140). The EPBC Act imposes several obligations on the parties or entities it governs. These include the requirement to submit an application for approval of an action that may impact on matters of national environmental significance (EPBC Act s.75). Additionally, the Act mandates that the Department of the Environment and Energy must assess the potential environmental impacts of the proposed action and make a decision on whether to approve or reject the action (EPBC Act s.133). The assessment process may involve the collection of preliminary documentation, as outlined in section 87 of the Act. The Act also requires that public notifications be made regarding the processing of referrals for approval under Chapter 4 of the Act. The Department of the Environment and Energy has implemented systems and ongoing quality assurance procedures to minimise any risk of missing a notification within the required timeframe. Breach of the EPBC Act may result in criminal or civil penalties, depending on the nature and severity of the offence. For example, contravening a condition of an approval may result in a criminal penalty of up to five years imprisonment or a fine of up to $330,000, or both (EPBC Act s.476). Similarly, intentionally or recklessly causing harm to a listed threatened species or community may result in a criminal penalty of up to two years imprisonment or a fine of up to $220,000, or both (EPBC Act s.475). Civil penalties may also apply for breaches of the Act, with maximum fines of up to $1.1 million for individuals and $5.5 million for corporations (EPBC Act s.536). Additionally, the Act provides for the recovery of costs incurred by the Commonwealth in relation to the investigation and enforcement of the Act (EPBC Act s.537).