EPBC Act Part 7-9 decisions published, 04/08/2025 to 10/08/2025

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, by regulating activities that have, or are likely to have, a significant impact on the environment. The Act was introduced to address the need for a comprehensive framework to protect Australia's unique biodiversity and environmental assets, ensuring that development and other activities are conducted in a manner that minimises their impact on the environment. Enacted by the Parliament of Australia, the policy objective of the EPBC Act is to safeguard Australia's environment by regulating activities that may significantly impact the environment, including through the assessment and approval processes for actions that may affect matters of national environmental significance. The Act aims to balance environmental protection with economic and social considerations, ensuring sustainable development practices.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a pivotal piece of legislation in Australia, applying to various persons, entities, industries, and conduct or transactions that may impact matters of national environmental significance. The Act applies to actions that involve matters listed as protected under the Act, including World Heritage properties, listed threatened species and ecological communities, wetlands of international significance, and other areas identified under the national environmental laws. This legislation applies across the Commonwealth, impacting entities within Australia and those whose actions may have transboundary or international environmental effects. The EPBC Act also extends to territories and certain external territories as defined under the law. While the Act is broad in its application, there are specific exclusions and exemptions, particularly for actions that have already received approval under other Commonwealth laws, state or territory laws, or local government planning schemes, provided those laws offer equivalent or better environmental protection. The application and scope of the Act can be further extended or restricted through subordinate instruments, which may include regulations or guidelines issued by the relevant authorities to provide more detailed instructions or clarifications on specific aspects of the Act.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) outlines various provisions related to the approval and regulation of actions that may impact the environment. Section 75 of the Act requires certain actions to be approved before they can proceed, while Section 87 allows for a defined assessment approach to be used in determining whether an action should be approved. Section 133 provides for the approval of actions with conditions, ensuring that environmental impacts are managed effectively. Section 143 allows for the variation of conditions of approval, providing flexibility in managing environmental impacts. Section 130(4) allows for an extension of time in certain circumstances. Under the EPBC Act, proponents of actions that may impact the environment are required to submit referral documentation and, where necessary, an Environment Effects Statement (EES). The Department of Climate Change, Energy, the Environment and Water is responsible for reviewing these submissions and making decisions on whether to approve the action, with or without conditions. Proponents must also comply with any conditions imposed on their approval and provide ongoing monitoring and reporting to ensure compliance. The EPBC Act imposes various offences and penalties for non-compliance with the Act and its regulations. Section 528 of the Act provides for criminal penalties, including fines of up to $1.1 million for individuals and $5.5 million for bodies corporate, for serious or repeated breaches of the Act. Section 529 provides for civil penalties, including fines of up to $66,000 for individuals and $330,000 for bodies corporate, for less serious breaches of the Act. Section 530 provides for the recovery of costs incurred by the Commonwealth in taking enforcement action against offenders. It is important to note that the EPBC Act also provides for the protection of listed threatened species and communities, as outlined in Sections 18 and 18A of the Act. Actions that may impact these species or communities must be approved under the Act, and proponents must take reasonable and practicable steps to avoid, minimise or offset any impacts on these species or communities. Failure to comply with these requirements may result in the approval of an action being refused or subject to conditions that require the proponent to take additional measures to protect the threatened species or community.