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 (EPBC Act) was enacted by the Parliament of Australia to provide for the protection of the environment, particularly matters of national environmental significance, from the impacts of Commonwealth activities and certain actions that are designated as actions requiring approval under the Act. The Act aims to integrate environmental considerations into decision-making processes and to ensure that the Commonwealth government considers the potential impacts of its actions on the environment. The Department of Agriculture, Water and the Environment is responsible for the administration of the EPBC Act and has implemented systems and ongoing quality assurance procedures to minimise the risk of missed or delayed notifications regarding the processing of referrals for approval. While the department regrets any inconvenience caused by such notifications, it assures that any missed notifications will still be communicated to the public to maintain transparency and ensure the integrity of the referral history.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to actions that may significantly impact matters of national environmental significance, including listed threatened species and ecological communities, World Heritage properties, wetlands of international significance, and other areas identified under the Act. This legislation applies to both individual persons and entities, such as corporations and government bodies, across various industries and activities, including commercial developments, residential projects, and infrastructure projects. The geographic reach of the Act is national, as it is a Commonwealth Act, meaning it applies throughout Australia, transcending state and territory boundaries. Exclusions and exemptions can be specified in the Act itself or through subordinate instruments such as regulations and guidelines. The Act provides for the approval, assessment, and management of certain activities that may affect environmental values of national and international importance. Subordinate instruments may further refine the application of the Act by detailing specific procedural requirements or additional criteria for assessing the environmental impact of proposed actions.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a key piece of legislation in Australia that governs environmental protection and conservation. In relation to specific projects, the Act requires certain actions to be approved, as outlined in section 75 of the Act. For example, the development project by the Western Australian Land Authority on Pederick Road in Neerabup, Western Australia, falls under this requirement, necessitating approval due to its potential impact on listed threatened species and communities (sections 18 and 18A). Similarly, the residential development by Te Ta Pty Ltd on 130 Tully Rd in New Beith, Queensland, requires approval for the same reasons. Conversely, some projects, such as the geotechnical investigations by the Australian Rail Track Corporation Limited between the border at Kurumbul and Gowrie in Queensland, are determined not to require approval under section 75 of the Act. The Act imposes specific obligations and requirements on the parties or entities involved in the projects it governs. These obligations include the submission of preliminary documentation and adherence to the assessment approach outlined in section 87 of the Act. For instance, both the Western Australian Land Authority and Te Ta Pty Ltd must provide preliminary documentation as part of their respective development projects. Additionally, there are provisions for the variation of conditions of approval, such as the Santos GLNG Gas Field Development Project in Queensland, which had its conditions varied on 28 April 2021 under section 143 of the Act. The EPBC Act also delineates the potential offences, penalties, and consequences for breaches. While the Gazette does not specify particular penalties, breaches of the Act can result in both civil and criminal consequences. For instance, failing to submit the required documentation or violating the conditions of approval could lead to legal action. The Department of Agriculture, Water and the Environment has put in place systems and quality assurance procedures to minimise missed notifications, although late notifications, such as those for the Peet Stratton Pty Ltd project in Western Australia and the Sealark Pty Ltd project in New South Wales, do occur. Despite these occasional lapses, the department assures that late notifications do not affect the processing of referrals or the decisions made.