EPBC Act Part 7-9 decisions published, 06/04/2026 to 12/04/2026

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the protection of the environment, particularly focusing on matters of national environmental significance such as listed threatened species, communities, and ecosystems, and to manage the impacts of activities on these areas. The Act provides a framework for the protection and management of the environment through the regulation of activities that may have a significant impact on the environment. The EPBC Act was established by the Parliament of Australia with the policy objective of ensuring that environmental considerations are integrated into decision-making processes that may affect the environment, particularly in relation to actions that could impact on matters of national environmental significance. The Department of Climate Change, Energy, the Environment and Water is responsible for administering the EPBC Act, and it ensures that public notifications regarding the processing of referrals for approval under the Act are managed efficiently. The Department has put in place systems and quality assurance procedures to minimise the risk of missed notifications and to ensure that any such instances are rectified by notifying the public, even if the timeframe for notification has lapsed. This approach is aimed at maintaining transparency and ensuring that the history of notifications for each referral remains 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 within Australia, aiming to protect and conserve the environment by regulating actions that may impact threatened species, ecological communities, and other environmental aspects. The Act applies to individuals, corporations, and government entities undertaking activities that could affect matters of national environmental significance, such as listed threatened species and communities, listed migratory species, and Commonwealth marine areas. This includes actions proposed in various industries, such as mining, energy generation, waste management, and commercial development, among others. The geographic reach of the EPBC Act is national, encompassing all states, territories, and Commonwealth waters of Australia. However, certain exclusions and exemptions may apply depending on the specific circumstances and the nature of the proposed action. The Act can extend or restrict its application through subordinate instruments, such as regulations and guidelines, which provide further detail on the implementation and enforcement of the Act. The EPBC Act is administered by the Department of Climate Change, Energy, the Environment and Water, which is responsible for the approval, assessment, and monitoring of actions under the Act.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs actions that may impact the environment, particularly focusing on matters of national environmental significance (s.3). Key sections include s.75, which governs the requirement for approval of certain actions, s.78C, which pertains to reconsideration of approval decisions, and s.133, which outlines the process for approving actions with conditions (s.133). Section 18 and 18A cover listed threatened species and communities, while sections 20 and 20A deal with listed migratory species. Additionally, sections 23 and 24A are concerned with Commonwealth marine areas. Under these sections, the Act mandates that certain actions must undergo a rigorous assessment process to ensure that any potential harm to the environment, particularly to threatened species, communities, and marine areas, is identified and mitigated. Entities and individuals subject to the EPBC Act must comply with specific obligations to ensure environmental protection. For instance, actions that may impact listed threatened species and communities, such as those outlined in sections 18 and 18A, must either obtain approval under section 75 or be assessed under the accredited assessment process as seen in the case of Fortescue Ltd (s.75, s.87). Moreover, entities must submit detailed environmental impact statements or follow other prescribed assessment methods, such as the Environmental Impact Statement for Orsted Offshore Australia 1 Pty Ltd (s.87). These obligations are designed to ensure that potential environmental impacts are thoroughly evaluated and appropriate measures are put in place to prevent or minimise harm. Violations of the EPBC Act can lead to significant consequences. For example, unauthorised actions that harm listed threatened species or communities can result in substantial fines and even imprisonment (s.528). The Act stipulates maximum penalties for breaches, with fines potentially reaching up to AUD 5.5 million for corporations and AUD 1.1 million for individuals, along with additional penalties for repeated offences (s.528A). Furthermore, the Act provides for civil remedies, including injunctions and compensation for damage caused to the environment (s.533). The seriousness of these penalties underscores the importance of adhering to the Act's provisions to protect Australia's unique biodiversity and natural heritage.