EPBC Act Part 7-9 decisions published, 13/04/2026 to 19/04/2026

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the problem of protecting Australia's biodiversity and managing its environmental heritage. This Act is administered by the Commonwealth Government through the Department of Climate Change, Energy, the Environment and Water, and its policy objective is to safeguard the environment from significant impacts resulting from proposed actions that fall under Commonwealth jurisdiction. The Act provides a framework for the assessment and approval of actions that may have substantial environmental effects, ensuring that these actions are undertaken in a manner that minimises harm to the environment. The Act also facilitates the protection of listed threatened species and ecological communities, and supports the sustainable use of natural resources. The Act’s provisions are designed to integrate environmental considerations into decision-making processes, thereby promoting the conservation of biodiversity and the sustainable use of natural resources.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide array of entities and actions within Australia, with its jurisdiction extending to all Commonwealth, state, and territory areas. The Act encompasses various sectors including energy generation and supply, mining, water management, transport, and infrastructure development, focusing on the protection of listed threatened species and ecological communities. It governs the approval, assessment, and regulation of actions that may significantly impact the environment, with specific attention to those that could harm protected species or communities. The Act applies to both individuals and corporate entities undertaking activities that fall within its purview. Notably, the Act also includes provisions for exemptions and thresholds, where certain lower-impact activities may not require approval provided they adhere to specified provisions and manners. The scope of the Act can be extended or restricted through subordinate instruments, which provide further detail and context for its application. As seen in the gazette, actions are either determined to require approval, not require approval, or are subject to an assessment approach, depending on their potential environmental impact and compliance with the Act's stipulations.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs various actions impacting the environment, including energy generation, transport, and mining. Key sections, such as sections 75, 87, 133, 143, and 155, address the approval process, assessment methods, and the outcomes of referral actions. Section 75 requires the Minister to determine whether certain actions need approval, while Section 87 sets out the assessment approach for those actions. Section 133 outlines the decision on approval, including any conditions. Section 143 allows for the variation of conditions of approval, and Section 155 deals with lapsed proposals. The Act imposes several obligations on the parties involved. For actions requiring approval (sections 75), proponents must submit detailed proposals to the Minister, who then assesses the potential environmental impact. The assessment approach (section 87) can vary, from accredited processes to preliminary documentation. Approved actions (section 133) come with specific conditions to mitigate environmental harm. Parties must also adhere to the variation of conditions of approval (section 143) if the circumstances of the project change. Additionally, proponents are required to monitor and report on the environmental outcomes of their projects. Failure to comply with the provisions of the EPBC Act can result in significant consequences. While the Act does not specify maximum penalties for breaches, non-compliance can lead to legal action, fines, or other enforcement measures by the Department of Climate Change, Energy, the Environment and Water. For example, not adhering to the conditions of approval can result in civil or criminal penalties. The Act aims to ensure that environmental considerations are integrated into decision-making processes, and breaches can have serious implications for both the environment and the entities involved.