EPBC Act Part 7-9 decisions published, 13/02/2023 to 19/02/2023

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance, and to establish a framework for the assessment and approval of actions that may have significant environmental impacts. The Act was introduced to address the need for a comprehensive legislative framework that addresses environmental protection and biodiversity conservation in Australia, encompassing both federal and state responsibilities. The policy objective of the Act is to ensure that development and other activities are carried out in a manner that minimises their impact on the environment, including protecting threatened species, ecological communities, and heritage places of national significance. The Act is administered by the Department of Climate Change, Energy, the Environment and Water, which is responsible for the implementation and enforcement of the Act, including the assessment and approval of actions that may have significant environmental impacts. The Department has implemented quality assurance procedures to ensure that notifications relating to the processing of referrals for approval under the Act are not missed and are made within the required timeframes. While the Department regrets any inconvenience caused by missed notifications, it assures that such instances do not affect the subsequent processing of referrals or the decisions made thereon.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various projects and actions across Australia, with its primary focus being the protection of the environment, particularly in relation to matters of national environmental significance. The Act applies to entities and individuals undertaking actions that may have significant environmental impacts, especially those actions that require approval under the Commonwealth, such as actions impacting listed threatened species, communities, and ecosystems, national heritage places, or Commonwealth land. The EPBC Act has a national reach, applying to all states, territories, and Commonwealth areas. The Act provides for both exemptions and exclusions, but these are limited and often require approval from the relevant Minister. The Act also extends its application through subordinate instruments, such as regulations and codes of practice, which provide more detailed guidance on the implementation and enforcement of the Act. Recently published decisions under the EPBC Act include approvals, refusals, and assessment approaches for various projects, such as airport runway extensions, port developments, and pipeline constructions, demonstrating the wide scope and application of the legislation in managing environmental impacts associated with different industries and projects across Australia.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs several critical areas, including the protection of threatened species and communities, national heritage sites, and the management of activities that may have significant environmental impacts. Section 75 of the Act provides that certain actions require ministerial approval before they can proceed. Recent decisions published under this section include the Runway 16-34 Overlay Project by Australia Pacific Airports (Melbourne) Pty Ltd in Victoria, the Dampier Cargo Wharf Extension and Landside Redevelopment Project by Pilbara Ports Authority in Western Australia, and the H.B.M.I. Leslie Vale Quarry - capacity increase in Tasmania. These projects required approval due to their potential impacts on listed threatened species and communities, as well as Commonwealth land. In contrast, the APA Moomba to Wilton Pipeline MW433 Compressor Station by East Australian Pipeline Pty Limited in New South Wales was determined not to require approval. The Act imposes several obligations on parties and entities involved in activities that may impact the environment. Under sections 18 and 18A, developers must consider the potential impacts on listed threatened species and communities. For national heritage sites, sections 15B and 15C require consideration of impacts on sites of national significance. Additionally, section 26 mandates that developers assess the impact on Commonwealth land, while sections 20 and 20A require attention to listed migratory species. These obligations are intended to ensure that environmental impacts are thoroughly assessed and mitigated where necessary. For breaches of the EPBC Act, various civil and criminal penalties may apply. Section 528A outlines the maximum penalties for offences under the Act, which can include fines up to $666,000 for individuals and $3.3 million for corporations, as well as imprisonment terms. Additionally, the Act provides for the imposition of infringement notices for less serious offences, with fines up to $66,600 for individuals and $333,000 for corporations. The Act also allows for the recovery of costs associated with the remediation of environmental harm caused by non-compliance. These penalties are designed to deter non-compliance and ensure that environmental protections are upheld.