Actions Determined as Requiring Approval, Actions Determined as Not Requiring Approval, Assessment Approach, Variation of Conditions of Approval and Notice of Extension of Time

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Australian Parliament to address the need for a comprehensive framework to protect and manage the environment, including matters of national environmental significance. This Act serves as a vital piece of legislation aimed at safeguarding Australia's biodiversity, threatened species, and ecological communities, ensuring sustainable use of natural resources and mitigating the impacts of human activities on the environment. The Department of Agriculture, Water and the Environment is responsible for administering the Act, with a policy objective to balance environmental protection with economic development while ensuring that all actions are assessed for their potential environmental impact. The Act establishes a process for the referral, assessment, and approval of actions that may significantly affect matters of national environmental significance, thereby providing a structured approach to environmental decision-making.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (C2020G00365) applies to various entities and individuals involved in activities that may impact the environment, specifically those that require approval under the Act. These include mining operations, land transport projects, tourism and recreation developments, and energy generation and supply projects, among others. The Act has a broad jurisdictional reach across Australia, affecting state and territory governments, corporations, and individuals involved in activities that have, will have, or are likely to have a significant impact on matters of national environmental significance. The Act also extends its application through subordinate instruments such as regulations and guidelines, which provide further detail on the types of activities that require approval, the assessment process, and the conditions that may be attached to approvals. However, certain activities and entities may be exempt from the Act's application, such as activities that are already regulated under other Commonwealth, state, or territory laws, or where the impact on the environment is deemed to be insignificant. The Act also provides for the variation of conditions of approval and the extension of time for certain actions, subject to certain conditions and criteria.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the assessment and approval of certain actions that may impact on matters of national environmental significance. Key sections of the Act include those that determine which actions require approval (s.75), the obligations of parties involved in the approval process (s.87), and the penalties for non-compliance (s.143). Under section 75, the Act specifies that certain actions require approval if they may have a significant impact on matters of national environmental significance, such as listed threatened species and communities (s.18 & 18A). The Act also provides for the variation of conditions of approval (s.143) and the extension of time for certain actions (s.130(4)). The Act imposes several obligations on the parties involved in the approval process. For example, proponents of actions that may impact on matters of national environmental significance must submit a referral to the Department of Agriculture, Water and the Environment for assessment (s.75). The Department is responsible for assessing the potential environmental impacts of the proposed action and deciding whether or not to approve the action (s.87). Proponents must also provide preliminary documentation and any other information required by the Department (s.87). Additionally, the Act requires proponents to comply with any conditions of approval imposed by the Department (s.143). Failure to comply with the requirements of the EPBC Act may result in civil or criminal penalties. For example, section 143 of the Act provides for penalties of up to $666,000 for individuals and $3.3 million for bodies corporate for non-compliance with conditions of approval. Additionally, section 130(4) provides for the extension of time for certain actions, but failure to comply with the extended timeframe may result in the approval being revoked. It is important to note that late notifications of actions that require approval do not affect subsequent processing of referrals or assessments and they do not affect decisions made (s.130(4)). However, the Department of Agriculture, Water and the Environment regrets any inconvenience that may be caused by a missed notification and will ensure that the history of notifications for each referral is available to the public.