EPBC Act Part 7-9 decisions published, 13/03/2023 to 19/03/2023

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with regard to matters of national environmental significance, by regulating actions that may have a significant impact on the environment. This Act was introduced to address the gap in comprehensive environmental protection legislation at the national level, ensuring a coordinated approach to the conservation of Australia's unique biodiversity and natural heritage. The EPBC Act is administered by the Australian Parliament and its policy objective is to balance and integrate national economic development with the protection of the environment. The Act aims to ensure that the impacts of proposed activities on the environment are properly assessed and managed, thereby contributing to sustainable development and the conservation of biological diversity.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of persons, entities, and industries across Australia, including both Commonwealth and state governments, as well as private developers and corporations. It regulates actions that may significantly impact matters of national environmental significance, such as listed threatened species, communities, and wetlands, or actions that are likely to result in significant adverse impacts on the environment. The EPBC Act encompasses actions related to land transport, urban development, and infrastructure projects, among others. The legislation has a national reach, applying to all parts of Australia, and includes provisions for the assessment and approval of actions that may affect the environment. Certain actions are excluded from the EPBC Act's requirements if they are carried out in a specific manner or if they are deemed not to require approval. The Act also allows for the extension or restriction of its application through subordinate instruments, which provide further detail on the types of actions that require approval or may be exempt from certain requirements.

Key Provisions

The recent Gazette (C2023G00358) published on 13/03/2023 to 19/03/2023 includes decisions made under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 75 of the Act determines whether certain actions require approval or not. For instance, the Department for Infrastructure and Transport's Truro Bypass Project in South Australia (reference 2022/09398) was determined to require approval due to its impact on listed threatened species and communities (sections 18 & 18A). Conversely, the National Capital Authority's National Library of Australia Forecourt Lombardy Poplar Replacement in the Australian Capital Territory (reference 2022/09406) was determined not to require approval, provided it adheres to specific conditions outlined in the Act. Under the EPBC Act, the Department of Climate Change, Energy, the Environment and Water is responsible for ensuring that certain actions are assessed to determine their potential environmental impact. This is achieved through mechanisms such as the Accredited Assessment Process, as seen in the City of Canning's Southern Link Road Stage 3 project in Western Australia (reference 2020/8809). Such assessments are crucial in identifying any potential adverse effects on the environment and implementing measures to mitigate them. The obligations imposed by the EPBC Act on the parties involved include providing preliminary documentation, such as the Department for Infrastructure and Transport's preliminary documentation for the Truro Bypass Project (reference 2022/09398). This documentation helps the Department of Climate Change, Energy, the Environment and Water evaluate the potential environmental impact of the proposed action. Additionally, the Act mandates the notification of controlled actions to the public, which can be found on the EPBC public portal (https://epbcpublicportal.awe.gov.au/all-referrals/). The EPBC Act imposes penalties for non-compliance with its provisions. For example, section 75 of the Act outlines the penalties for carrying out controlled actions without the necessary approval, which can include substantial fines or imprisonment. Moreover, section 78C deals with the reconsideration of decisions made under section 75, where penalties may apply if the reconsideration process is not followed correctly. The Queensland Department of Transport and Main Roads' Stage 1 Coomera Connector project (reference 2020/8646) is an example of a controlled action, with the decision to proceed being subject to the Act's provisions. The Department of Climate Change, Energy, the Environment and Water has implemented quality assurance procedures to minimise the risk of missing notifications, and late notifications do not affect subsequent processing of referrals or assessments.