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

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, as defined in the Act. The Act was introduced to address the need for a comprehensive legal framework to manage and protect Australia's environment and biodiversity. Enacted by the Parliament of Australia, the policy objective of the Act is to ensure the protection and conservation of the environment, including its ecosystems, species, and heritage, while facilitating sustainable development. The Act includes provisions for the approval of actions that may significantly impact the environment, with a focus on preventing harm to listed threatened species, communities, and other matters of national environmental significance. The Department of the Environment is responsible for administering the Act and ensuring compliance through various mechanisms, including the notification of public decisions and the assessment of proposals that may affect the environment.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to a broad range of persons and entities, including companies, individuals, and government authorities, who are involved in actions that may impact matters of national environmental significance. These matters include World Heritage properties, nationally threatened species and ecological communities, migratory species, the marine environment, the Great Barrier Reef, the Commonwealth marine areas, the Ramsar-listed wetlands, and the nuclear actions. The Act extends to actions occurring within the Australian territory, and offshore areas under Australian jurisdiction, as well as actions outside Australia that impact on matters of national environmental significance. The Act's provisions may be applied through subordinate legislation and regulations, which may further define the scope and application of the Act. However, certain actions are excluded from the Act's application, including actions that are solely within a state or territory and do not impact on matters of national environmental significance, as well as actions that are exempt under the regulations. The Act provides for the approval, assessment, and monitoring of actions that may significantly impact matters of national environmental significance. The approval process involves referral of the action to the relevant Minister, who may approve the action with or without conditions, or refuse the action. The Act also provides for public notification and consultation in the assessment process, and for the imposition of penalties for non-compliance with the Act's requirements. While the Act applies to a wide range of actions and industries, there are some exclusions and exemptions, such as actions taken in accordance with certain international obligations, or actions taken for defence purposes. Additionally, certain actions may be subject to assessment and approval under other Commonwealth, state or territory legislation, in which case the EPBC Act will not apply.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the "Act") governs the protection of the environment and biodiversity in Australia. The key provisions of the Act require that certain actions be approved by the Minister for the Environment, particularly those actions that are likely to have a significant impact on matters of national environmental significance (section 75). These include listed threatened species and communities (sections 18 & 18A), listed migratory species (sections 20 & 20A), and Commonwealth land (sections 26 & 27A). The Act also provides that certain actions do not require approval if they are unlikely to have a significant impact on matters of national environmental significance (section 75). The Act imposes several obligations on parties or entities it governs. The Minister for the Environment is responsible for determining whether an action requires approval and, if so, setting any conditions that must be met before the action can proceed. Parties or entities proposing to undertake an action that may require approval must provide the Minister with relevant information and documentation to enable the Minister to make a decision. If an action is approved, the party or entity must comply with any conditions set by the Minister, such as implementing environmental management plans or monitoring programs. Failure to comply with the conditions of approval may result in legal action being taken against the party or entity. The Act also sets out offences, penalties, and consequences for breach. If a person contravenes a condition of approval, they may be liable for a civil penalty of up to $750,000 for a corporation and $75,000 for an individual (section 532). In addition, if a person intentionally, recklessly or negligently causes harm to a listed threatened species or community, they may be liable for a criminal offence and a fine of up to $660,000 for a corporation and $132,000 for an individual (section 474). The Act also provides for the imposition of injunctions and other remedies to prevent or redress harm to the environment or biodiversity. It is important to note that the Department of the Environment has implemented systems and ongoing quality assurance procedures to minimise any risk of missed notifications within the required timeframe. However, if a missed notification is identified, the Department will notify the public even if the timeframe for notification has lapsed. While the Department regrets any inconvenience caused by a missed notification, it assures that such late notifications do not affect subsequent processing of referrals or assessments and do not affect decisions made.