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 by the Parliament of Australia to provide for the protection of the environment, particularly aspects of it that are of national and international significance. This Act aims to safeguard the environment from the impacts of certain actions by ensuring they are subject to rigorous assessment and approval processes where necessary. It provides a framework for the protection of Australia's biodiversity, threatened species and ecological communities, and matters of national environmental significance, including World Heritage properties, wetlands of international importance, and the Great Barrier Reef. The Department of Sustainability, Environment, Water, Population and Communities is responsible for the administration of the EPBC Act and has implemented quality assurance procedures to minimise the risk of missed notifications regarding the processing of referrals for approval under the Act.

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, including listed threatened species and communities, listed migratory species, listed marine species, World Heritage properties, Ramsar wetlands, and the Commonwealth marine area. The Act extends to cover persons, entities, industries, and any conduct or transactions that may affect these environmental matters. Geographically, the Act has a national reach, governing actions throughout Australia, including the states, territories, and Commonwealth marine areas. Certain actions may be exempt from the requirements of the Act if they are specified as not controlled actions, provided they are undertaken in a particular manner as outlined in the Act or through subordinate instruments. The Act's application may also be extended or restricted through subordinate instruments, which provide further detail on the types of actions subject to the Act, assessment processes, and other relevant provisions. The Act includes measures to address missed notifications and ensures that the public remains informed about the processing of referrals and assessments.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) includes a range of provisions aimed at protecting Australia's biodiversity and environmental values. Under sections 75 and 87 of the Act, the Act determines certain actions as requiring approval (s.75) and specifies the assessment approach for these actions (s.87). For example, the upgrade of the Oxley Highway to Kempsey Pacific Highway in New South Wales is listed as an action requiring approval (EPBC Act s.75) and is subject to a preliminary documentation assessment approach (s.87). Conversely, certain actions such as the Wangara Industrial Extension Area in Western Australia and the Waterloo Wind Farm Stage 2 in South Australia are not controlled actions under the Act, provided they are undertaken in a particular manner (s.87). The Act imposes specific obligations on parties or entities involved in activities that may impact on matters of national environmental significance. These obligations include the need to prepare an action proposal, which provides details of the proposed action and its potential environmental effects, and to submit this proposal to the relevant authority for assessment and approval (s.13). Additionally, the Act requires that any approved action must be carried out in accordance with the conditions of approval, which may include requirements for environmental management plans, monitoring, and reporting (s.143). Failure to comply with the requirements of the EPBC Act can result in both civil and criminal penalties. Under section 528 of the Act, an individual who commits an offence against the Act can be subject to a fine of up to $66,000 for a single offence, or twice the value of any benefit obtained through the offence, if greater. Corporations can be subject to even higher penalties, with fines of up to $330,000 for a single offence. Additionally, under section 537 of the Act, a court can order an individual or corporation to compensate any person who has suffered loss or damage as a result of a breach of the Act. In summary, the EPBC Act provides a framework for the protection of Australia's biodiversity and environmental values, imposing specific obligations on parties or entities involved in activities that may impact on matters of national environmental significance. Failure to comply with the requirements of the Act can result in significant civil and criminal penalties.