EPBC Act Part 7-9 decisions published, 02/01/2023 to 08/01/2023

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to address the need for comprehensive protection of Australia's environment, particularly in relation to matters of national environmental significance. The Act is administered by the Australian Government and is overseen by the Department of Climate Change, Energy, the Environment and Water. The policy objective of the Act is to protect and conserve Australia's biodiversity, environmental values, and heritage places through the implementation of a robust framework for assessing and managing the impacts of proposed actions on the environment. The Act provides for the regulation of activities that may have a significant impact on matters of national environmental significance, including listed threatened species and communities, listed migratory species, and World Heritage properties. The Gazette provides a public record of decisions made under the Act, including approvals, refusals, and variations of conditions of approval. The Gazette also includes notices of extensions of time for the processing of referrals for approval under Chapter 4 of the Act. The Department of Climate Change, Energy, the Environment and Water has implemented systems and ongoing quality assurance procedures to minimise the risk of missed or late notifications. However, the Department acknowledges that occasional missed notifications may occur and will take steps to notify the public of any such missed notifications, even if the timeframe for notification has lapsed.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide array of actions that may impact matters of national environmental significance, such as listed threatened species and communities, listed migratory species, and other critical environmental factors. This legislation governs both individual entities and corporate bodies undertaking activities that may affect these environmental matters, including but not limited to mining operations, energy generation and supply, particularly renewable energy projects, and other industrial activities. The Act's jurisdictional reach extends across the Commonwealth of Australia, ensuring a unified approach to environmental protection and biodiversity conservation. While the EPBC Act broadly applies to many activities, certain exclusions and exemptions may apply based on specific circumstances or under subordinate instruments. The Act also provides for the extension of time for certain actions and variations in the conditions of approval, as seen in the cases of Boral Quarry Extension and the Alfredson Block CSG Project. The Department of Climate Change, Energy, the Environment and Water is responsible for ensuring compliance and may, on occasion, extend timelines for notification to maintain the integrity of environmental assessments and public transparency.

Key Provisions

The Gazette for the week from 02/01/2023 to 08/01/2023 lists decisions made under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 75 of the Act pertains to actions that require approval, and two such cases are noted: Spicers Creek Wind Farm Pty Ltd's proposal for a renewable energy project in New South Wales and the variation of conditions for Boral Quarry Extension in Victoria. On the other hand, actions that do not require approval under the Act are also documented, such as the proposals by Volt Advisory Group Pty Ltd for a microgrid in Queensland and Yabulu BESS Pty Ltd for a battery energy storage system in Queensland. Additionally, section 130(4) of the Act provides for the extension of time for certain projects, and an example of this is the Robbins Island Renewable Energy Park in Tasmania. The Act imposes specific obligations on parties or entities it governs, particularly those seeking approval for actions that may impact the environment. Under section 75, applicants must submit detailed proposals outlining the potential impacts on listed threatened species, communities, and migratory species as outlined in sections 18, 18A, 20, and 20A of the Act. The Department of Climate Change, Energy, the Environment and Water is responsible for reviewing these proposals and determining whether the proposed actions require approval or can proceed without it. In cases where approval is necessary, applicants must comply with the conditions set by the department to mitigate any adverse environmental impacts. Violations of the EPBC Act can result in various civil and criminal consequences. For example, unauthorised actions that may impact listed species or communities can lead to fines and imprisonment under sections 474 and 475 of the Act. The maximum penalty for individuals can be up to five years in prison or a fine of up to $300,000, while corporations can face fines of up to $21,000,000. Additionally, the Act provides for the imposition of environmental protection orders and injunctions to prevent further harm to the environment. The Department of Climate Change, Energy, the Environment and Water has implemented systems and ongoing quality assurance procedures to minimise any risk of missing a notification within the required timeframe, ensuring that the history of notifications for each referral is available to the public.