EPBC Act Part 7-9 decisions published, 05/07/2021 to 11/07/2021

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Commonwealth Parliament to provide for the protection of the environment, particularly matters of national environmental significance, by regulating actions that have, will, or might have a significant impact on the environment. This legislation addresses gaps in environmental protection by offering a comprehensive framework for assessing and managing the environmental impacts of proposed actions. The Act aims to ensure that significant environmental impacts are properly assessed and managed, and that decisions about actions that may affect the environment are made in a transparent and accountable manner. The Department of Agriculture, Water and the Environment is responsible for administering the EPBC Act and ensuring compliance with its provisions, with the overarching policy objective being the protection and conservation of Australia's unique biodiversity and environmental heritage.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of entities and actions, encompassing individuals, corporations, and government bodies, and extends to various industries such as energy generation, water management, residential development, and scientific research. The Act's jurisdictional reach is national, overseen by the Commonwealth, and it aims to protect and conserve Australia’s biodiversity and environment through stringent regulations on activities that may impact listed threatened species and communities, water resources, and other significant environmental matters. The EPBC Act also allows for the determination of whether certain actions require approval based on their potential environmental impact, with specific provisions in sections 18, 18A, 24D, and 24E addressing these aspects. Exemptions and thresholds for approval are defined within the Act, and the application of these provisions can be extended or restricted through subordinate instruments. The Department of Agriculture, Water and the Environment ensures compliance and transparency by publishing decisions and notifications in the Gazette and on their website, although occasional delays in notification do not affect the processing or outcome of referrals.

Key Provisions

The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) under which these decisions have been made are section 75, 87, and 143. Section 75 requires the approval of certain actions that may significantly affect matters of national environmental significance. Section 87 allows for the use of an accredited assessment process for certain actions, while section 143 permits the variation of the conditions of approval for approved actions. In this context, Santos TOGA Pty Ltd’s Fairview Water Release Scheme requires approval under section 75 as it relates to listed threatened species and communities and a water resource in relation to coal seam gas development. The Perth Airport’s Exposure Draft Major Development Airport Central Major Development Plan, Perth, WA is assessed through an accredited assessment process under section 87. The variations to the North East Link Project and the Healesville - Koo Wee Rup Road Upgrade are managed under section 143. The Act imposes specific obligations and requirements on the parties or entities it governs. For entities like Santos TOGA Pty Ltd, the approval process under section 75 requires a thorough assessment to ensure that the proposed action does not significantly harm listed threatened species, communities, or water resources. This involves providing detailed preliminary documentation and potentially undergoing further scrutiny if the action is deemed to have significant environmental impact. For actions assessed through an accredited process, such as the Perth Airport project, the entity must ensure compliance with the specific guidelines and requirements set out in the accredited assessment process. For variations of approved actions, entities must submit detailed documentation and justification for any changes to the conditions of approval, as seen with the North East Link Project and the Healesville - Koo Wee Rup Road Upgrade. Failure to comply with the requirements of the EPBC Act can result in various offences and penalties. Under section 474 of the Act, a person who contravenes a direction or requirement can be liable for a penalty of up to $66,600 for an individual offence and up to $333,000 for a continuing offence. Additionally, under section 486, a person who causes harm to a matter of national environmental significance can be liable for a penalty of up to $666,000 for an individual offence and up to $3,330,000 for a continuing offence. These penalties reflect the seriousness of non-compliance and the potential environmental impact of the actions in question. It is crucial for entities to adhere to the requirements of the Act to avoid these consequences.