EPBC Act Part 7-9 decisions published, 05/05/2025 to 11/05/2025

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance, and to ensure that the impacts of proposed actions on the environment are properly assessed and managed. This Act was introduced by the Australian Parliament to address the need for a cohesive national framework to protect the environment, including its ecosystems, biodiversity, and cultural heritage, from significant adverse impacts caused by human activities. The EPBC Act serves as a critical tool in safeguarding Australia's natural assets and ensuring sustainable development. The Department of Climate Change, Energy, the Environment and Water is responsible for administering the EPBC Act, with the overarching policy objective being the conservation of biodiversity and the sustainable use of natural resources.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various entities and activities across Australia, encompassing both Commonwealth and state lands, as well as the marine environment and the territorial seas of Australia. The Act is pertinent to actions that may have a significant impact on matters of national environmental significance, including listed threatened species and ecological communities, listed migratory species, the world heritage properties, the Ramsar wetlands, the nuclear actions, the Great Barrier Reef, the law of the sea, and the Commonwealth marine areas. The Act applies to a wide array of industries and conduct, including mining, energy generation and supply, residential and commercial developments, transport infrastructure, and tourism. The geographic reach of the Act is national, and it extends to both the Commonwealth and state jurisdictions, ensuring that environmental considerations are integrated into decision-making processes at all levels of government. The Act includes certain exclusions and exemptions, particularly for actions that do not trigger the need for approval under the Act, as determined through the assessment process. Additionally, the Act may be extended or restricted in its application through subordinate instruments, which provide further detail on the implementation and administration of the Act.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) regulates actions that may impact on matters of national environmental significance. Part 7-9 of the EPBC Act concerns the notification and approval of certain actions, including land clearing for development, mining, and energy generation and supply. Actions determined as requiring approval (s.75) must be approved by the Minister before proceeding. For example, Bowenville Developments Pty Ltd's residential development at Lot 479 in DP1284714, Kerr Road, Thurgoona, New South Wales, requires approval due to its impact on listed threatened species and communities (s.18 & 18A) and listed migratory species (s.20 & 20A). Similarly, Peter Veljkovic's proposed energy generation and supply at 4058 Cecil Plains Moonie Rd, Cattle Creek, Queensland, requires approval for the same reasons. The Act imposes obligations on parties or entities to ensure that they obtain approval before carrying out any action that requires it. For instance, Bowenville Developments Pty Ltd must submit a detailed application to the Department of Climate Change, Energy, the Environment and Water, outlining the potential impacts of the proposed development on the environment and measures to mitigate any adverse impacts. The Department will then assess the application and determine whether to approve or reject it. If the application is approved, the party or entity must comply with the conditions of approval. Failing to obtain approval for an action that requires it may result in civil or criminal penalties. Section 528 of the EPBC Act provides for a maximum penalty of up to $1.1 million for individuals and $5.5 million for bodies corporate for each offence of carrying out an action that requires approval without it. Additionally, section 529 provides for a maximum penalty of up to $660,000 for individuals and $3.3 million for bodies corporate for each offence of failing to comply with a condition of approval. These penalties are in addition to any other civil or criminal liability that may arise from the action. The EPBC Act also provides for the variation of conditions of approval (s.143). For example, Lightsource Development Services Australia Pty Ltd's Goulburn River Solar Farm in New South Wales had its conditions of approval varied on 30/04/2025. This means that the conditions under which the approval was granted have been changed in some way. Similarly, KARUAH EAST QUARRY PTY LTD's Karuah East Quarry in New South Wales had its conditions of approval varied on 07/05/2025. It is important for parties or entities to comply with the conditions of approval as varied, as failure to do so may result in civil or criminal penalties. Finally, the EPBC Act provides for the extension of time for certain actions (s.130(4)). For example, Saracen Properties Pty Ltd's Gnarabup Tourism Development: Resort and Beach Village in Western Australia had its time for notification extended to 28/05/2025. This means that the party or entity has been granted more time to carry out the action or to obtain approval for it. However, it is important to note that late notifications have not affected subsequent processing of referrals or assessments and they do not affect decisions made.