Actions Determined as Requiring Approval, Actions Determined as Not Requiring Approval, Decision on Approval, Lapsed Proposals

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to address the protection of the environment, particularly in relation to biodiversity conservation, and to provide a framework for the approval of actions that may significantly impact the environment. The EPBC Act aims to protect and manage matters of national environmental significance, including World Heritage properties, wetlands of international significance, listed threatened species and ecological communities, and the marine environment. The Act also provides for the approval of actions that may significantly affect these matters, with a focus on minimising negative environmental impacts and promoting sustainable development. The Department of the Environment is responsible for administering the EPBC Act, including the assessment and approval of actions that may significantly impact the environment. The Department has implemented systems and ongoing quality assurance procedures to ensure that notifications of referral decisions are made within the required timeframes. While the Department acknowledges that occasional missed notifications may occur, it is committed to notifying the public of these decisions, even if the notification is late. The Department emphasises that late notifications do not affect the processing of referrals or the decisions made under the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various actions that may impact matters of national environmental significance, which include listed threatened species and communities, Commonwealth land, and water resources, particularly in relation to coal seam gas development and large coal mining operations. This legislation governs entities and persons undertaking activities such as energy generation, residential development, agriculture, forestry, and mining, provided these activities are likely to have a significant impact on protected matters. The Act's jurisdictional reach is national, extending across all states and territories within Australia. While the Act generally applies to a wide range of activities, certain actions are determined not to require approval if they do not significantly impact the protected matters. Additionally, some proposals may lapse if they are not processed within the prescribed timeframes. The EPBC Act can be further refined through subordinate instruments, allowing for more detailed regulation of specific activities or industries. The Department of the Environment is responsible for ensuring that notifications related to the processing of referrals for approval are timely and accurate, with measures in place to address any missed notifications to maintain transparency and public trust.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) contains several key sections that govern various activities, including the approval process for specific actions. Section 75 determines whether certain actions require approval under the Act, while Section 133 specifies the decision on approval for proposed actions, which may be granted with conditions (EPBC Act s.133). Section 155 deals with lapsed proposals, which are those that have not been approved within the specified timeframe (EPBC Act s.155). The Act also covers matters such as listed threatened species and communities (sections 18 & 18A), Commonwealth land (sections 26 & 27A), and water resources in relation to coal seam gas development and large coal mining development (sections 24D & 24E). Under the EPBC Act, entities or individuals proposing actions that may impact matters of national environmental significance must comply with the requirements outlined in the Act. This includes providing detailed information about the proposed action, potential environmental impacts, and any mitigation measures to address these impacts. The Department of the Environment reviews this information and decides whether the action requires approval under the Act (EPBC Act s.75). If approval is granted, it may be subject to certain conditions that the proponent must adhere to during the implementation of the action (EPBC Act s.133). The EPBC Act imposes various obligations and requirements on parties or entities it governs. For example, proponents of actions that require approval must provide detailed information about the proposed action, potential environmental impacts, and any mitigation measures to address these impacts (EPBC Act s.75). If approval is granted, the proponent must comply with any conditions specified in the approval (EPBC Act s.133). Additionally, proponents must notify the Department of the Environment of any changes to the approved action or if the action is not carried out within the specified timeframe (EPBC Act s.155). The EPBC Act also outlines various offences, penalties, and consequences for breaches of the Act. For example, individuals or entities that carry out a prohibited action without approval may be subject to civil or criminal penalties, including fines and imprisonment (EPBC Act s.514). The maximum penalties for breaches of the Act vary depending on the specific offence and may include fines of up to $666,666 for individuals and $3,333,330 for corporations, as well as imprisonment for up to five years (EPBC Act s.514). Additionally, the Act provides for the recovery of costs incurred by the Department of the Environment in relation to the enforcement of the Act (EPBC Act s.515).