EPBC Act Part 7-9 decisions published, 04/04/2022 to 10/04/2022

Overview

The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Australian Parliament, was introduced to address environmental protection and biodiversity conservation, aiming to ensure the sustainable use of natural resources and the preservation of Australia's unique ecosystems. The Act empowers the federal government to protect and manage areas of national environmental significance, including world heritage, national heritage, and listed threatened species and ecological communities. The Department of Agriculture, Water and the Environment is responsible for the administration and enforcement of this Act, which includes the processing of referrals for approval under Chapter 4. The policy objective of the Act is to mitigate the impact of human activities on the environment and biodiversity while supporting economic development and ensuring that decision-making processes are transparent and accountable. In response to the complexities and challenges of managing environmental impacts, the Act provides mechanisms for assessing and approving projects that may affect matters of national environmental significance. It establishes a framework for environmental impact assessments, public notifications, and consultations to ensure that all stakeholders have the opportunity to participate in the decision-making process. The Department of Agriculture, Water and the Environment has implemented systems and quality assurance procedures to manage the processing of referrals effectively, although occasional missed notifications may occur. The department remains committed to maintaining public transparency and integrity in the notification process, even when timeframes are not met, to ensure that the history of each referral is accessible to the public.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of activities, entities, and industries across Australia, particularly those that may impact on matters of national environmental significance such as World Heritage properties, listed threatened species and ecological communities, and Commonwealth marine areas. The Act extends to all actions taken within Australian territory, including Commonwealth, state, and territory jurisdictions, and applies to both public and private sector entities. The Act includes various provisions that establish both inclusions and exclusions, such as the requirement for approval under sections 75 and 133, which apply to certain actions that may have a significant impact on listed threatened species and communities or World Heritage and National Heritage properties. Additionally, the Act includes exemptions for certain activities under sections 18 and 18A, as well as thresholds that determine whether an action requires approval. The Act also allows for the extension of time for assessment and approval through subordinate instruments.

Key Provisions

The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) referenced in the Gazette relate to specific actions that require approval and the assessment approach for these actions. Section 75 of the EPBC Act deals with actions that require approval, while section 87 outlines the assessment approach for these actions. For instance, the residential development project by Lendlease Communities (Calderwood) Pty Ltd in Calderwood Valley, Illawarra Region, New South Wales, falls under sections 18 and 18A, which pertain to listed threatened species and communities. Similarly, the Kingston Pier Channel Construction Project by the Department of Infrastructure, Transport, Regional Development and Communications on Norfolk Island involves World Heritage, National Heritage, and Commonwealth marine areas, as outlined in sections 12, 15A, 15B, 15C, 23, 24A, and 28 of the EPBC Act. The Act imposes obligations and requirements on the parties or entities it governs, ensuring that any action that may significantly impact the environment, particularly listed threatened species and communities, is assessed and approved accordingly. For example, the residential development project in Calderwood Valley must be assessed to determine its impact on listed threatened species and communities before approval can be granted. Similarly, the Kingston Pier Channel Construction Project must undergo an assessment to ensure compliance with World Heritage, National Heritage, and Commonwealth marine areas provisions. The Act mandates that preliminary documentation or public environment reports be prepared for these projects to facilitate the assessment process. The EPBC Act also includes provisions for offences, penalties, or civil/criminal consequences for breach. Section 133 of the Act allows for the approval of actions with conditions, ensuring that any approved action complies with environmental protection and biodiversity conservation measures. In the case of missed notifications or delays in processing referrals for approval, the Department of Agriculture, Water and the Environment has implemented systems and quality assurance procedures to minimise any risk of missing a notification within the required timeframe. While late notifications do not affect subsequent processing of referrals or assessments, they are still notified to the public to maintain transparency and ensure the history of notifications for each referral is available. The Department of Agriculture, Water and the Environment regrets any inconvenience caused by missed notifications but assures that they do not impact decisions made under the EPBC Act.