Environment Protection and Biodiversity Conservation Act 1999 Notification under section 309(1) – Related to entering Conservation Agreements under section 305 with HV Operations Pty Ltd, Coal & Allied Operations Pty Ltd, and Anotero Pty Ltd

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. The EPBC Act serves as a vital tool for the Australian government in managing environmental impacts, particularly those that may affect endangered species and ecosystems across the country. The Act was introduced to address the gaps in existing environmental protection laws by providing a comprehensive framework for the protection of the environment, heritage sites, and endangered species. Enacted by the Parliament of Australia, the policy objective of the EPBC Act is to ensure the protection and conservation of the environment through the regulation of activities that may impact upon matters of national environmental significance. Recently, on 22 December 2025, a delegate of the Minister for the Environment and Water entered five Conservation Agreements under section 305 of the EPBC Act with HV Operations Pty Ltd, Coal & Allied Operations Pty Ltd, and Anotero Pty Ltd to secure over 1,060 hectares for the protection of critically endangered and vulnerable species in New South Wales.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to the protection of the environment and biodiversity across Australia, with a particular focus on actions that may have a significant impact on matters of national environmental significance. Under the Act, a delegate of the Minister for the Environment and Water can enter into Conservation Agreements with entities to protect specific threatened species and ecological communities. In this instance, the delegate entered into Conservation Agreements with HV Operations Pty Ltd, Coal & Allied Operations Pty Ltd, and Anotero Pty Ltd to secure over 1,060 hectares of land in the Central Hunter Valley for the protection of the critically endangered Central Hunter Valley Eucalypt Forest and Woodland, the Swift Parrot, the Regent Honeyeater, and the vulnerable Green and Golden Bell Frog. These agreements are made under section 305 of the Act and aim to mitigate the environmental impact of these entities' operations in New South Wales. The Act's jurisdiction extends nationally, but these agreements specifically address environmental concerns in the Hunter Valley region. The agreements are subordinate instruments under the Act and provide a legally binding framework for the protection of the specified species and habitats, ensuring compliance with environmental standards and obligations.

Key Provisions

The key provisions of the notification under section 309(1) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) concern the entering of Conservation Agreements. These agreements, detailed in section 305 of the Act, are aimed at protecting specific endangered species and their habitats. On 22 December 2025, a delegate of the Minister for the Environment and Water entered five Conservation Agreements with HV Operations Pty Ltd, Coal & Allied Operations Pty Ltd, and Anotero Pty Ltd. These agreements secure over 1,060 hectares for the protection of critically endangered species such as the Central Hunter Valley Eucalypt Forest and Woodland, Swift Parrot, Regent Honeyeater, and the vulnerable Green and Golden Bell Frog in New South Wales. The purpose of these agreements is to ensure the preservation of these species and their habitats through specific conservation measures. The obligations imposed by these Conservation Agreements under section 305 of the EPBC Act require the entities involved to implement and adhere to the agreed-upon conservation measures. This includes taking actions necessary to protect and enhance the habitats and populations of the listed endangered and vulnerable species. The agreements detail specific requirements, which may include land management practices, habitat restoration, and monitoring protocols. The entities must comply with these obligations as a condition of the agreements, ensuring that their activities do not adversely affect the protected species and their habitats. Failure to comply with the obligations set out in the Conservation Agreements can result in various consequences. Under the EPBC Act, breaches of the agreements may be considered offences, leading to potential criminal charges. The maximum penalties for these offences can be substantial, reflecting the importance of the conservation efforts. Additionally, entities found in breach may also face civil penalties, including fines, which can further incentivise compliance. Non-compliance not only risks legal repercussions but also undermines the objectives of the conservation agreements, which are crucial for the protection of endangered and vulnerable species.