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

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 have, will, or might have a significant impact on the environment. This legislation was introduced to address the need for a comprehensive national framework to protect and manage Australia's biodiversity and environmental heritage. Enacted by the Parliament of Australia, the policy objective of the EPBC Act is to achieve ecologically sustainable development by minimising the impact of human activities on the environment. The Act aims to protect and conserve Australia's unique biodiversity and natural resources, ensuring that development and industrial activities do not irreversibly harm the environment.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to a broad range of entities and actions, including individuals, corporations, government bodies, and projects that may impact on matters of national environmental significance such as listed threatened species and communities, World Heritage properties, and listed migratory species. The Act has a national jurisdictional reach and extends to all parts of Australia, including the external territories, and applies to actions both within Australia and those with an overseas connection. The Act is administered by the Commonwealth Government and subordinate legislation, guidelines, and regulations may further refine and detail its application. Some actions are explicitly determined not to require approval under the Act if they comply with specific provisions and conditions, while others are subject to assessment and may require approval if they are deemed likely to have a significant impact on matters of national environmental significance. The Act also allows for the variation of conditions of approval and the extension of time for certain actions, subject to the provisions of the Act. Exclusions, exemptions, and thresholds are specified in the Act and its subordinate instruments.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) includes provisions for the assessment and approval of actions that may significantly impact the environment, particularly those actions involving listed threatened species and communities (s. 18 and s. 18A). Some actions require ministerial approval before they can be carried out, such as the Old Coast Rd Nambucca Heads to Waterfall Way, Raleigh/NSW, upgrade of the Nambucca Heads to Urunga Pacific Highway (2013/6963) and a residential development in Kellyville (2013/6974). Conversely, other actions do not require approval provided they are conducted in a specific manner, such as the residential and commercial development in Landsdale (2013/6982) and a seismic survey in the Ashmore Cartier area, Browse Basin, NW Western Australia (2013/6980). Under the EPBC Act, parties or entities must comply with the requirements set out for actions that require approval, such as submitting detailed referral information and undergoing an assessment process (s. 87). For instance, the NSW Roads and Maritime Services must provide referral information for the Nambucca Heads to Urunga Pacific Highway upgrade, which includes details about the project and its potential impacts on the environment (2013/6963). Additionally, parties must adhere to the conditions of any approval granted, which may include measures to mitigate environmental harm (s. 143). The EPBC Act also outlines specific obligations for developers and proponents, such as providing timely and accurate information about proposed actions and their potential environmental impacts. Failure to comply with these obligations can result in a range of consequences, including fines and imprisonment for serious offences. For example, under s. 130(4) of the EPBC Act, Huntlee Pty Ltd was granted an extension of time to complete its residential development in North Rothbury (2011/5898), highlighting the importance of meeting deadlines and adhering to the terms of any approvals granted. In terms of penalties, the EPBC Act imposes significant sanctions for breaches of its provisions. For instance, individuals and corporations found guilty of offences under the Act may be subject to substantial fines, with maximum penalties varying depending on the nature and severity of the offence. In the case of actions that significantly harm listed threatened species and communities, offenders may face imprisonment for up to five years (s. 254). Furthermore, the Act provides for civil remedies, such as injunctions and orders for remediation, to address environmental harm and prevent future breaches (s. 132).