Actions Determined as Requiring Approval, Actions Determined as Not Requiring Approval, Assessment Approach, Variation of Conditions of 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, by regulating actions that may have a significant impact on the environment. The Act is administered by the Australian Government's Department of the Environment and Energy. The EPBC Act was introduced to address the need for a comprehensive framework to protect and manage the environment, including threatened species, communities, and ecosystems, World Heritage properties, National Heritage places, and the Great Barrier Reef Marine Park. The policy objective of the EPBC Act is to promote the sustainable use, development, and conservation of the nation's environment, while balancing this with economic and social considerations. The EPBC Act outlines various mechanisms for controlling actions that may impact the environment, such as requiring approval for actions that may significantly affect matters of national environmental significance and establishing assessment processes for determining the potential environmental impacts of proposed actions. The Act also provides for the protection of listed threatened species and ecological communities, World Heritage properties, National Heritage places, and the Great Barrier Reef Marine Park. The Department of the Environment and Energy is responsible for overseeing the implementation of the EPBC Act and ensuring that appropriate measures are in place to protect the environment from potentially harmful actions.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to actions that may significantly impact matters of national environmental significance, which include World Heritage properties, national heritage places, wetlands of international significance, listed threatened species and ecological communities, and the Great Barrier Reef Marine Park. The Act applies to both individuals and entities involved in various industries such as mining, residential and commercial developments, agriculture, forestry, and energy generation, as well as specific conduct or transactions that may affect the aforementioned environmental matters. The geographic reach of the Act extends across the Commonwealth of Australia, including all states and territories, thereby enforcing a national standard for environmental protection and biodiversity conservation. Exclusions, exemptions, and thresholds are defined within the Act, and certain actions may be exempt from the need for approval if they do not pose a significant risk to the protected matters. The application and scope of the Act can be extended or restricted through subordinate instruments, such as regulations and guidelines, which provide further detail on the types of actions requiring approval, assessment processes, and specific conditions for approval. The Department of the Environment and Energy is responsible for ensuring compliance with the EPBC Act and undertakes to notify the public of any missed or late notifications relating to referrals for approval, while assuring that such instances do not affect the processing or outcomes of the referral assessments.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the assessment and approval of actions that may have a significant impact on matters of national environmental significance. Sections 75 and 87 of the Act outline the main operative provisions for determining whether an action requires approval and the assessment process. For instance, section 75(1) states that the Minister must determine whether a proposed action requires approval if it may significantly affect a matter of national environmental significance. If approval is required, the Minister must determine the conditions of approval under section 75(2). Section 87(1) allows the Minister to approve an action if the applicant submits an assessment of the action's environmental impact and the Minister is satisfied with the assessment. The EPBC Act imposes several obligations and requirements on the parties or entities it governs. For example, section 18(1) requires a person who intends to take an action that may significantly affect a listed threatened species or community to give written notice to the Minister. Section 18(2) also requires the person to provide a copy of the notice to the relevant State or Territory authority. Similarly, section 12(1) requires a person who intends to take an action that may significantly affect a World Heritage property to give written notice to the Minister. Section 12(2) also requires the person to provide a copy of the notice to the relevant State or Territory authority. Breach of the EPBC Act may result in offences, penalties, or civil/criminal consequences. For example, section 474(1) provides that a person who takes an action that requires approval under the Act without the approval of the Minister commits an offence and is liable to a penalty of up to $66,666 for each day the action continues. Similarly, section 474(2) provides that a person who takes an action that requires approval under the Act and fails to give written notice to the Minister commits an offence and is liable to a penalty of up to $66,666. Section 474(3) also provides that a person who takes an action that requires approval under the Act and fails to comply with the conditions of approval commits an offence and is liable to a penalty of up to $66,666 for each day the failure continues. In summary, the EPBC Act governs the assessment and approval of actions that may have a significant impact on matters of national environmental significance. The Act imposes obligations and requirements on the parties or entities it governs, and breach of the Act may result in offences, penalties, or civil/criminal consequences. 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.