EPBC Act Part 7-9 decisions published, 01/06/2026 to 07/06/2026

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was introduced to address the need for a comprehensive framework to protect and manage Australia's environment, particularly in relation to biodiversity and heritage. Enacted by the Australian Parliament, the Act aims to provide for the protection of the environment, particularly matters of national environmental significance, such as listed threatened species, communities, and ecological habitats. The EPBC Act establishes a national system for the protection of the environment, ensuring that environmental considerations are integrated into decision-making processes at both the federal and state levels. It aims to achieve this through mechanisms such as the referral process, which requires federal approval for certain activities that may impact protected matters. The Act addresses gaps in environmental protection by providing a unified legislative framework that complements state and territory laws. It ensures that significant environmental impacts are assessed and managed through a rigorous approval process, overseen by the Department of Climate Change, Energy, the Environment and Water. The EPBC Act requires the consideration of environmental impacts in project approvals, allowing for public participation and ensuring transparency in decision-making. The policy objective of the Act is to safeguard Australia's unique biodiversity and environmental heritage for future generations while supporting sustainable development.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various actions, entities, and industries across Australia, focusing on the protection of the environment, biodiversity, and heritage. The Act primarily targets actions that are likely to have a significant impact on matters of national environmental significance, including listed threatened species, communities, and ecological habitats, as well as World Heritage properties, Ramsar wetlands, and other protected areas. The Act applies to individuals, corporations, and government agencies undertaking actions that require approval under the Act, including those related to land transport, water management, energy generation and supply, and other activities that may impact the environment. The geographic reach of the Act is national, with the Commonwealth having jurisdiction over matters of national environmental significance. The Act also extends its application through subordinate instruments, which provide further detail on listed species, communities, and other protected matters. Notably, certain actions may be exempt from approval if they are carried out in a specified manner, as outlined in the Act and related guidelines.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs various actions that require approval under sections 73 and 75, and certain activities that do not require approval provided they are undertaken in a specific manner, as outlined in section 7. The main sections relevant here include 18, 18A, 16, 17B, 20, and 20A, which pertain to listed threatened species and communities, ecological character of declared Ramsar wetlands, and listed migratory species. For example, actions such as the Bruce Highway – Anzac Avenue to Uhlmann Road Widening and the Bribie Island Bridge Upgrade Project require approval as they may impact listed threatened species and communities, as well as the ecological character of declared Ramsar wetlands (sections 18, 18A, 16, and 17B). The Act imposes obligations on the parties or entities it governs to ensure that actions impacting the environment are assessed and approved where necessary. For instance, the Department of Transport and Main Roads must submit preliminary documentation for the Bruce Highway – Anzac Avenue to Uhlmann Road Widening and the Bribie Island Bridge Upgrade Project to ensure compliance with environmental standards. Similarly, the HMAS Stirling, Garden Island project under the Department of Defence must adhere to the conditions of approval for the Submarine Rotational Force – West, Priority Infrastructure Works. Any breaches of the EPBC Act can result in various penalties and consequences. For example, failure to comply with the Act’s provisions can lead to enforcement actions, including fines and imprisonment. The maximum penalties for offences under the EPBC Act can vary depending on the nature and severity of the breach. For instance, individuals can be fined up to $66,600 and corporations can face fines of up to $3.3 million for serious environmental offences. Furthermore, the Act provides for both civil and criminal penalties, including the possibility of imprisonment for individuals found guilty of certain offences. In summary, the EPBC Act sets out clear requirements and obligations for actions impacting the environment, with specific provisions for approval and assessment. Compliance with these provisions is crucial to avoid the severe civil and criminal penalties associated with breaches of the Act. The Department of Climate Change, Energy, the Environment and Water has implemented quality assurance procedures to minimise the risk of missed notifications, ensuring transparency and accountability in the environmental approval process.