Actions Determined as Requiring Approval, Actions Determined as Not Requiring Approval, Decision on Approval, Variation of Conditions of Approval, Notice of Extension of Time and Lapsed Proposals

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly matters of national environmental significance, under one Act. This legislation was introduced to address the need for a cohesive and comprehensive approach to environmental protection in Australia, consolidating various environmental protection laws into a single Act. The Act is administered by the Australian Parliament and its policy objective is to protect and manage the environment by regulating activities that may impact on matters of national environmental significance, including World Heritage properties, listed threatened species and ecological communities, and the Great Barrier Reef Marine Park. The Act also seeks to promote ecologically sustainable development by requiring consideration of the potential environmental impacts of proposed actions and providing for the approval or prohibition of actions that may significantly affect the environment.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various persons, entities, and industries involved in activities that may impact the environment, including listed threatened species and communities, World Heritage, National Heritage, and the Great Barrier Reef Marine Park. The Act has a national reach, encompassing all states, territories, and Commonwealth waters of Australia. Certain actions are designated as requiring approval under the Act, while others are not controlled provided they are undertaken in a specified manner. Subordinate instruments may extend or restrict the application of the Act. The Department of the Environment maintains a list of referrals and approvals, including those that have lapsed, and implements quality assurance procedures to minimize the risk of missed notifications. The department regrets any inconvenience caused by missed notifications and assures that they do not affect the processing of referrals or assessments. The EPBC Act applies to a wide range of activities that may impact the environment, including land transport, water management, mining, commercial development, and telecommunications. The Act covers both Commonwealth and state lands and waters, as well as territorial seas and the Exclusive Economic Zone. Certain activities are automatically controlled actions that require approval under the Act, while others may be exempt or subject to conditions. The Act also allows for the establishment of offset policies and the consideration of alternatives to proposed actions. Subordinate instruments may further refine the application of the Act and provide additional guidance on its implementation. The Department of the Environment is responsible for administering the Act and ensuring compliance with its provisions.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) contains several key sections that govern the approval process for actions that may impact on matters of national environmental significance. Section 75 of the Act determines whether an action requires approval, while section 133 pertains to the approval process itself, including the ability to approve actions with conditions. The Act also includes provisions for the variation of conditions of approval (section 143), and notices of extension of time for decision-making (section 130(4)). Additionally, section 155 deals with lapsed proposals. In terms of what the Act requires or permits, section 18 and 18A address listed threatened species and communities, section 12 and 15A relate to World Heritage, section 15B and 15C pertain to National Heritage, section 20 and 20A cover listed migratory species, and section 24B and 24C deal with the Great Barrier Reef Marine Park. The EPBC Act imposes several obligations and requirements on the parties or entities it governs. Firstly, it requires that actions which may significantly impact on matters of national environmental significance must be referred to the relevant Minister for approval. This includes actions that may impact on listed threatened species and communities, World Heritage, National Heritage, listed migratory species, or the Great Barrier Reef Marine Park. Additionally, the Act requires that any approved action must be carried out in accordance with the conditions of approval, and that any variations to those conditions must be approved by the relevant Minister. The Act also requires that the Department of the Environment notify the public of any referrals for approval, and provide opportunities for public comment. The EPBC Act includes several offences, penalties, and civil/criminal consequences for breach. For example, section 474 of the Act makes it an offence to take an action that is required to be approved under the Act without first obtaining that approval. The maximum penalty for this offence is 10 years imprisonment or a fine of up to $1.1 million, or both. Similarly, section 475 of the Act makes it an offence to take an action that is approved under the Act but which is carried out in a manner that breaches the conditions of approval. The maximum penalty for this offence is also 10 years imprisonment or a fine of up to $1.1 million, or both. Other offences under the Act may attract lesser penalties, such as fines of up to $66,000 for minor offences. It is important to note that the Act also includes provisions for civil remedies, such as injunctions and damages, for breaches of the Act.