EPBC Act Part 7-9 decisions published, 04/07/2022 to 10/07/2022

Overview

The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Australian Parliament, aims to protect and conserve Australia's environment, particularly focusing on biodiversity and significant impacts from proposed activities. The Act provides a framework for the assessment and approval of activities that may have a significant impact on matters of national environmental significance, such as listed threatened species and communities, World Heritage properties, and Ramsar-listed wetlands. The Act was introduced to address the gap in comprehensive environmental protection and management at the national level, ensuring that environmental considerations are integrated into decision-making processes for development and resource use. The Department of Climate Change, Energy, the Environment and Water is responsible for administering the Act, with a policy objective to ensure that proposed activities are assessed to avoid, mitigate, or offset any significant environmental harm.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of persons and entities engaged in activities that may have a significant impact on matters of national environmental significance, such as World Heritage properties, listed threatened species and communities, and listed migratory species. This includes companies, local and state governments, and individuals undertaking actions that fall within the scope of the Act, such as mining operations, renewable energy projects, and infrastructure developments. The Act has a national jurisdictional reach, applying across Australia, and governs activities that may impact on protected environmental assets. The Act extends its application through subordinate instruments, including regulations and guidelines, to provide detailed operational requirements and criteria for determining significant impacts. While the Act broadly applies to a wide range of activities, there are certain exclusions and exemptions, such as activities regulated under other Commonwealth laws or specific exemptions listed in the Act for minor or negligible impact actions. The Department of Climate Change, Energy, the Environment and Water administers the Act and is responsible for ensuring compliance and the timely processing of referrals and approvals as outlined in the legislative framework.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) includes various sections that govern the approval, assessment, and management of activities that may have a significant impact on the environment. Section 87 (1) of the Act details the assessment approach for proposed actions, while Section 133 outlines the approval process, including the ability to approve actions with conditions. Section 143 pertains to the variation of conditions of approval for actions that have already been approved. Section 130(4) allows for the extension of time for decisions on approvals. Recent actions taken under the EPBC Act include the approval of the Goyder South Hybrid Renewable Energy Facility - Wind Farm 1A in South Australia (s.133), variations in conditions for the Moorebank Intermodal Terminal Facility in New South Wales (s.143), and extensions of time for the Aldoga Solar Farm Project in Queensland (s.130(4)). The Act also requires public notifications of these decisions, with mechanisms in place to ensure that any missed notifications are rectified as soon as possible. The EPBC Act imposes various obligations on the parties or entities it governs. These include the requirement to submit preliminary documentation for assessment (s.87), to provide additional information as requested by the Department of Climate Change, Energy, the Environment and Water, and to adhere to any conditions imposed on an approved action (s.143). Furthermore, entities must ensure that their activities comply with all relevant environmental laws and regulations. The Act also mandates that public notifications be made available on the Internet and in the Gazette, with the Department of Climate Change, Energy, the Environment and Water responsible for ensuring that these notifications are made in a timely and accurate manner. Failure to comply with the EPBC Act can result in a range of civil and criminal consequences. Section 528 of the Act sets out the penalties for contravening the Act, with maximum penalties varying depending on the nature and severity of the offence. For example, individuals who knowingly provide false or misleading information in support of an application for approval can be fined up to $222,000 or imprisoned for up to two years, or both (s.528(1A)). Similarly, individuals who engage in activities that are likely to have a significant impact on a matter of national environmental significance without first obtaining approval can be fined up to $666,000 or imprisoned for up to five years, or both (s.528(1B)). In addition to these penalties, entities that breach the Act may also be subject to administrative penalties, such as fines or the revocation of approval for a proposed action. It is important for entities to be aware of their obligations under the EPBC Act and to take steps to ensure that they comply with all relevant requirements.