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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to address significant environmental issues that transcend state boundaries and require a national approach. This legislation aims to protect and manage Australia’s environment, particularly focusing on matters of national and international environmental significance, such as World Heritage properties, national heritage sites, threatened species and ecological communities, and migratory species. By providing a comprehensive framework for environmental protection and biodiversity conservation, the EPBC Act seeks to ensure that environmental considerations are integrated into decision-making processes affecting development and resource use. The Department of Sustainability, Environment, Water, Population and Communities is responsible for administering the Act, with a policy objective to safeguard Australia's environment and heritage while facilitating sustainable development.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of activities and entities across Australia, aiming to protect and manage the nation's environment, including its biodiversity, ecosystems, and heritage sites. The Act covers actions that may significantly impact matters of national environmental significance, such as World Heritage properties, national and Commonwealth heritage places, listed threatened species and ecological communities, and listed migratory species. The scope of the Act extends to various industries, including mining, energy generation, and land transport, and it applies to both individuals and corporations undertaking activities that could affect these environmental aspects. The geographic reach of the Act is national, meaning it applies throughout all states and territories of Australia. The Act includes provisions for approval of certain actions through the referral process, with specific criteria outlined in the legislation. Additionally, the Act allows for the variation of conditions of approval and extensions of time for certain projects, ensuring flexibility in its application. Any exclusions or exemptions are detailed within the Act or may be subject to subordinate legislation, which provides further clarity on specific scenarios.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the approval process for certain actions that may affect matters of national environmental significance, including World Heritage, National Heritage, listed threatened species and communities, and listed migratory species. Section 75 of the Act provides that the Minister may approve, or determine not to approve, actions that are referred to them under the Act. Certain actions are determined to require approval, such as the Balranald Mineral Sands Project by Iluka Resources Limited (section 12 and 15A), the Arrow Bowen Pipeline by Arrow Energy Pty Ltd (section 18 and 18A), the Baralaba Train Load Out and Rail Loop by Cockatoo Coal Limited (section 18 and 18A), and the Hornsdale Wind Farm by Investec Bank (Australia) Ltd (section 18 and 18A). Other actions are determined not to require approval, such as the proposed establishment of the North Tuncurry Stockpile by the Department of Primary Industries and the reconstruction of Limbri to Weabonga Road by Tamworth Regional Council, provided they are undertaken in a particular manner (section 75). The Act imposes obligations and requirements on the parties or entities it governs. For actions that require approval, the applicant must submit a referral to the Minister, who must then decide whether to approve or not to approve the action. The applicant must also submit any required documentation, such as an Environmental Impact Statement or preliminary documentation. For actions that do not require approval, the applicant must ensure that the action is undertaken in a particular manner as specified in the Act. The Department of Sustainability, Environment, Water, Population and Communities is responsible for processing referrals and ensuring that the history of notifications for each referral is available to the public. The EPBC Act imposes offences, penalties, or civil/criminal consequences for breach. Section 528 of the Act provides that a person who contravenes the Act is guilty of an offence and liable to a penalty. The maximum penalty for an individual is $300,000 or imprisonment for five years, or both. The maximum penalty for a body corporate is $1.5 million. The Act also provides for civil remedies, such as injunctions and damages, and criminal penalties, such as fines and imprisonment, for serious or repeated breaches. The Act does not specify the maximum penalties for breach of particular sections or provisions.