Actions Determined as Requiring Approval, Assessment Approach, Decision on Approval and Notice of Extension of Time

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Commonwealth Parliament to address the need for a comprehensive legal framework to protect and conserve Australia's environment, particularly matters of national environmental significance such as endangered species, migratory species, and listed threatened ecological communities. This legislation provides a mechanism for the assessment and approval of activities that may have significant environmental impacts, ensuring that these activities are subject to rigorous environmental scrutiny and that any adverse effects are mitigated. The Act also aims to streamline the process of environmental assessment and approval to ensure timely and efficient decision-making, while still protecting the environment. The Department of Agriculture, Water and the Environment is responsible for administering the EPBC Act, and the policy objective of the Act is to protect and conserve Australia's biodiversity and environment by providing a framework for the assessment and approval of activities that may have significant environmental impacts. The Act aims to ensure that decisions are made in a timely and efficient manner, while still protecting the environment, and that there is transparency and public participation in the decision-making process. The Department has implemented systems and ongoing quality assurance procedures to minimise any risk of missed notifications within the required timeframe, and where a missed notification is identified, it will be notified to the public even if the timeframe for notification has lapsed.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to a broad range of activities, entities, and individuals whose actions may impact on matters of national environmental significance. These include the protection of listed threatened species and communities, listed migratory species, and other environmental considerations such as water resources and heritage places. The Act applies across the Commonwealth of Australia and regulates entities and individuals who are involved in actions that may affect these environmental matters, regardless of whether the action takes place in state or territory jurisdiction. The Act provides for both the approval and regulation of certain activities through subordinate instruments, which can extend or restrict its application depending on the specific circumstances of the action in question. Exclusions, exemptions, and thresholds are specified in the Act and its subsidiary legislation, which provide clarity on which actions require approval, and under what conditions. While the Act strives to maintain stringent timelines for the notification of actions requiring approval, there may be occasions where notifications are missed or delayed; however, the Department of Agriculture, Water and the Environment has implemented systems to minimise such occurrences and ensure that all notifications are ultimately communicated to the public.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) contains provisions for the assessment and approval of actions that may have significant environmental impacts. Key sections include those relating to the approval of actions (section 75), the assessment approach (section 87), and the decision on approval (section 133). The Act also includes provisions for the extension of time for assessments (section 130(4)). The Act requires that certain actions, identified as "actions requiring approval" under section 75, must be assessed to determine if they will have a significant impact on listed threatened species, communities, or migratory species. If an action is found to require approval, the applicant must provide preliminary documentation to enable an assessment, as outlined in section 87. Once the assessment is complete, a decision on approval is made under section 133, which may include conditions to mitigate any significant environmental impacts. Additionally, under section 130(4), the timeframe for assessments may be extended if necessary. The Act imposes several obligations on parties or entities it governs. Firstly, it requires that actions that may have significant environmental impacts must be assessed and approved if necessary. This involves providing detailed preliminary documentation and responding to any requests for further information from the Department of Agriculture, Water and the Environment. Secondly, if an action is approved, the party must comply with any conditions set out in the approval to mitigate environmental impacts. Failure to comply with these conditions can result in further action being taken by the Department. Additionally, the Department is required to implement systems and quality assurance procedures to ensure that notifications and assessments are conducted within the required timeframes. Where a missed notification is identified, the Department must notify the public of the missed notification, even if the timeframe for notification has lapsed. Breach of the provisions of the EPBC Act can lead to both civil and criminal consequences. While the Act itself does not explicitly state the penalties for breaches, breaches of environmental legislation can result in substantial fines and imprisonment under other related laws, such as the Environment Protection and Biodiversity Conservation Regulations 2000. For instance, failure to comply with an approval condition can lead to penalties including fines of up to $66,000 for individuals and $330,000 for corporations, along with potential imprisonment terms. Additionally, any actions that cause significant harm to listed threatened species, communities, or migratory species can result in more severe penalties. It is important for parties and entities governed by the Act to adhere strictly to its provisions to avoid these potential consequences.