Actions Determined as Requiring Approval, Assessment Approach, Decision on Approval, Outcome of Request for Reconsideration of s 75(1) Decision

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Commonwealth Parliament to provide for the protection of the environment, particularly matters of national environmental significance, and to establish a framework for the assessment of actions that may have a significant impact on the environment. The Act aims to ensure that environmental considerations are integrated into decision-making processes, particularly for actions that may affect threatened species, ecological communities, and heritage places. The Department of the Environment and Energy is responsible for administering the Act and has implemented measures to ensure timely and accurate notifications regarding the processing of referrals for approval. Despite occasional missed notifications, the department assures that these do not affect the assessment or decision-making processes for the referred actions.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to any actions that are deemed to be controlled actions under the Act. These actions can include developments, mining operations, and other activities that may impact on matters of national environmental significance, such as listed threatened species and communities. The EPBC Act applies to all persons and entities, regardless of location or industry, if their actions meet the criteria for a controlled action. The geographic reach of the Act is national, with the Commonwealth having responsibility for the protection of matters of national environmental significance. However, the Act can also extend its reach through subordinate instruments, such as bilateral or multilateral agreements. There are some exclusions and exemptions from the Act, such as actions taken under state or territory laws that are authorised by the Commonwealth. The Act also includes thresholds that determine whether an action is a controlled action, such as the threshold for the impact on listed threatened species and communities. The Act provides for both approval and assessment processes for controlled actions, with decisions made by the Minister for the Environment or a delegate.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs actions that require approval, such as the Greenbushes to Kirup Link project in Western Australia (s.75) and the Eliwana Railway Project in the Pilbara region of Western Australia (s.87). The Act also governs actions that are controlled, such as the Cook Cove Southern Precinct development in New South Wales (s.78C). These actions involve listed threatened species and communities. Approval for actions under the Act may be granted with conditions, as in the case of the natural resources management action in Western Australia (s.133). The Act imposes several obligations on the parties involved. Firstly, proponents of actions that require approval must provide preliminary documentation and may need to undergo an accredited assessment, as seen in the case of Olympic Murals Pty. Limited. Secondly, proponents must ensure that their actions do not harm listed threatened species and communities. Lastly, proponents must comply with any conditions imposed on their approval. Breach of the Act may result in civil or criminal consequences. The maximum penalties for contravening the Act vary depending on the offence. For example, the maximum penalty for damaging or destroying a listed threatened species or community is AUD 500,000 or imprisonment for five years, or both. Similarly, the maximum penalty for contravening a condition of approval is AUD 500,000 or imprisonment for two years, or both. The Act also provides for the recovery of costs incurred by the Minister in assessing or approving an action. The Department of the Environment and Energy regrets any inconvenience caused by missed notifications and assures that late notifications do not affect the processing of referrals or assessments.