EPBC Act Part 7-9 decisions published, 10/11/2025 to 16/11/2025

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide a framework for the protection of the environment, particularly with respect to matters of national environmental significance. The EPBC Act was introduced to address the problem of managing environmental impacts across Australia, ensuring that development and activities do not significantly harm the environment. The Act is administered by the Commonwealth Government and enforced by the Department of Climate Change, Energy, the Environment and Water. The policy objective of the EPBC Act is to protect and manage the environment by regulating activities that may impact on matters of national environmental significance, such as listed threatened species and communities, world heritage properties, and wetlands of international importance. The Act seeks to balance environmental protection with economic development by providing a regulatory framework that ensures sustainable use of natural resources. The EPBC Act provides mechanisms for the assessment and approval of activities that may impact on the environment, including the requirement for referral and approval of certain actions that are deemed to be "controlled actions." The Act also includes provisions for public notification of referral decisions, assessment approaches, and outcomes of requests for reconsideration. Despite the Department’s efforts to ensure timely notifications, there may be instances where notifications are missed or do not meet the required timeframes. However, any missed notifications are subsequently communicated to the public to maintain transparency and ensure the public has access to the history of notifications for each referral. These delays do not affect the processing of referrals or the decisions made under the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of actions, including those by individuals, corporations, and local authorities, across various sectors such as agriculture, forestry, mining, energy, and transport. The Act has jurisdiction throughout Australia, covering both Commonwealth and state/territory lands. It primarily targets actions that may significantly impact matters of national environmental significance, such as listed threatened species and communities, World Heritage properties, and Ramsar-listed wetlands. The Act operates through several sections, including those that determine whether an action requires approval (s.75), provide for assessment approaches (s.87), and outline decision-making processes (s.133). Certain actions are excluded or exempt from the Act's purview, particularly those that are not controlled actions or are undertaken in a specified manner. Subordinate instruments may extend or further define the application of the Act, providing additional details on what constitutes a controlled action or the specific conditions under which actions may proceed without approval. The Act's enforcement is overseen by the Department of Climate Change, Energy, the Environment and Water, which also manages public notifications and the processing of referrals for approval.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) outlines the procedures for the approval, assessment, and reconsideration of certain actions under sections 75, 87, 133, 78C, and 143. The act also includes provisions for the extension of time for certain actions under section 130(4). The Gazette provides updates on actions determined as requiring or not requiring approval, assessment approaches, approval decisions, reconsideration decisions, variations of conditions of approval, and notices of extension of time. Under the EPBC Act, parties or entities must comply with the specific requirements set out in the legislation. For instance, the act requires certain actions to be approved before they can proceed if they are deemed to have a significant impact on listed threatened species and communities, as stipulated in sections 18 and 18A. In such cases, preliminary documentation or a Public Environment Report must be prepared, as seen in the examples of Junction Vineyards Irrigation Development, Newlands Closure Project – Cerito Creek Permanent Diversion System, and Ripley Road and Fischer Road Upgrade. Additionally, the act mandates that parties or entities must adhere to the conditions of approval granted for certain actions, such as the Westside Corporation PL94 Coal Seam Gas Project and the Concrete hardstand and associated infrastructure construction, Commercial factory expansion project. The EPBC Act imposes penalties and consequences for non-compliance with its provisions. The specific penalties vary depending on the nature and severity of the breach. For instance, contravening the requirements for approval or assessment can result in civil or criminal penalties, including fines and imprisonment. The act also allows for the recovery of costs incurred by the Department of Climate Change, Energy, the Environment and Water in relation to the non-compliant action. Furthermore, actions determined as not requiring approval, such as the Fraser Coast Photovoltaic Solar and Battery Energy Storage System Project and the Tuckeroo Battery Connection Project, must still comply with the act's provisions to avoid any potential penalties or consequences. The EPBC Act includes provisions for the reconsideration of decisions made under section 75(1), as demonstrated in the Federal Golf Club Retirement Village and Water Infrastructure case. The act allows for variations of conditions of approval, as seen in the case of Lehr Consultants International (Australia) Pty Ltd, which involved a service centre at 6 Honeman Close, Huntingwood, NSW. Additionally, the act provides for the extension of time for certain actions, such as the residential development at 193 Golf Links Road, Narre Warren, VIC, and the residential development at 200 Ballan Road, Moorabool, VIC. The Department of Climate Change, Energy, the Environment and Water has implemented systems and ongoing quality assurance procedures to minimise the risk of missing notifications within the required timeframe. However, in the event of a missed notification, the department will notify the relevant parties even if the timeframe for notification has lapsed.