EPBC Act Part 7-9 decisions published, 10/02/2025 to 16/02/2025

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, and to manage the impacts of proposed actions on the environment. This legislation was introduced to address the need for a coordinated and comprehensive approach to environmental protection across Australia. The EPBC Act is administered by the Parliament of Australia and its policy objectives include the conservation of biodiversity and the management of environmental impacts of proposed actions. The Act sets out the procedures for assessing the potential environmental impacts of proposed actions and for making decisions on whether those actions require approval. The Act also provides for the establishment of an advisory body, the Environment Protection and Biodiversity Conservation Council, to assist the Minister in making decisions on matters of national environmental significance. The EPBC Act aims to ensure that the environment is protected and managed in a sustainable manner, and that the impacts of human activities on the environment are minimised.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to any person or entity undertaking an action that is defined as a "controlled action" under the Act, which can include activities related to energy generation and supply, transport, mining, agriculture and forestry, and water management. The Act has a national reach, applying across Australia, including the Commonwealth, states, and territories. Certain actions are exempt from the Act, such as those that are minor in nature and unlikely to have a significant impact on matters of national environmental significance, as specified under the regulations. The application of the Act can be extended or restricted through subordinate instruments, such as regulations and guidelines, which provide further detail on the types of actions that require approval, the assessment process, and the conditions that may be applied to approvals. The Act also includes provisions for the approval, variation, and lapsing of actions, as well as public notification requirements.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a pivotal piece of Australian legislation designed to protect and manage the nation's environmental heritage. Section 75 of the Act outlines the process for determining whether certain actions require approval. For example, actions such as the Hunter Gas Pipeline Pty Ltd’s energy supply project (reference 2024/10050) and the Mullet Creek Dam and Pipeline by The Trustee for Sunny Bluff Produce Trust (reference 2024/10046) are identified as requiring approval under sections 18 and 18A, which pertain to listed threatened species and communities. Conversely, actions such as the Upper and Lower Tumut 330 kV Transmission Line Realignment by Riverview Projects (ACT) Pty Limited (references 2024/10057 and 2024/10058) were determined not to require approval, provided they comply with specified provisions. Section 87 of the Act specifies different assessment approaches, such as the Accredited Assessment Process for Brisbane Airport Corporation Pty Limited (reference 2025/10099) or Preliminary Documentation for the North Burnett Renewable Energy Hub by X-ELIO AUS2 Pty Ltd (reference 2024/10066). The Act imposes various obligations on the entities involved, including the requirement to conduct assessments and submit necessary documentation to the Department of Climate Change, Energy, the Environment and Water. For instance, The Trustee for Sunny Bluff Produce Trust must submit preliminary documentation for their project (reference 2024/10046), while X-ELIO AUS2 Pty Ltd must prepare a Public Environment Report for their renewable energy hub (reference 2024/10066). Additionally, South32 Worsley Alumina Pty Ltd's Worsley Mine Expansion project (reference 2019/8437) was approved with specific conditions, as outlined in section 133 of the Act. The Act also includes provisions for the variation of conditions of approval and notices of extension of time. For example, the Latrobe River Bridge Replacement Project by Head, Transport for Victoria (reference 2017/8052) had its conditions varied on 10/02/2025. Similarly, the City of Greater Geelong’s Mosquito Control Program (reference 2020/8782) had its time extended to 28/02/2025 under section 130(4). Furthermore, section 155 of the Act deals with lapsed proposals, such as the Sand Extraction Project by Joynson Enterprises Pty Ltd (reference 2015/7449) and the Southern Forests Irrigation Scheme by SF Irrigation Co-operative Limited (reference 2019/8509), which lapsed on 10/02/2025. Breaching the provisions of the EPBC Act can result in serious consequences, including civil and criminal penalties. For instance, failure to comply with the Act's requirements could lead to fines and imprisonment, with penalties varying depending on the severity and nature of the breach. The Act aims to ensure that all actions are environmentally sustainable and comply with the stringent regulations designed to protect Australia's unique biodiversity and ecosystems.