EPBC Act Part 7-9 decisions published, 13/10/2025 to 19/10/2025

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for a comprehensive framework for the protection of the environment, particularly focusing on biodiversity conservation and the management of activities that have a significant impact on the environment. This legislation was introduced by the Parliament of Australia with the primary policy objective of ensuring the protection and sustainable use of the nation's environment, including its biodiversity, through a coordinated approach that integrates environmental considerations into decision-making processes. The Act aims to provide a nationally consistent approach to environmental protection, addressing both direct and indirect impacts of activities on the environment. The Department of Climate Change, Energy, the Environment and Water administers the Act and is responsible for its enforcement, including the processing of referrals for approval under Chapter 4, which pertains to the assessment and approval of actions that may significantly impact the environment. The Act’s provisions ensure that all stakeholders, including the public, are informed about the status of referrals and decisions made regarding approvals, thereby promoting transparency and accountability in environmental management. Despite occasional issues with timely notifications, the Department has implemented quality assurance procedures to mitigate such occurrences and ensure the integrity of the referral process.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various entities and industries across Australia, including mining, energy generation and supply, and residential development projects, among others. This federal legislation encompasses actions that may have a significant impact on matters of national environmental significance, such as listed threatened species and communities, listed migratory species, and water resources in relation to coal seam gas and large coal mining developments. The EPBC Act operates on a Commonwealth level, providing a unified environmental governance framework that ensures consistency in environmental protection across different states and territories. However, the Act does not cover all environmental matters, with some exclusions and exemptions applying to certain activities, such as those related to certain agricultural practices or activities on Indigenous lands with specific exemptions. The EPBC Act also allows for the extension or restriction of its application through subordinate instruments, ensuring adaptability to new environmental challenges and scientific understanding.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the environmental impact assessments for certain projects. Sections 75 and 133 of the Act detail the processes for determining whether actions require approval and the conditions under which such approval may be granted. For instance, section 75 requires that any actions that may have a significant impact on a matter of national environmental significance must be referred to the Minister for approval. Section 133 allows the Minister to approve such actions with or without conditions, as seen in the cases of Lendlease Communities (Figtree Hill) Pty Limited (Reference 2019/8587) and Reserve Bank of Australia (Reference 2024/10052), both of which were approved with specific conditions. The Act imposes several obligations on entities seeking approval for actions that may impact the environment. These include the submission of detailed Environment Impact Statements (EIS) and Public Environment Reports (PER), as seen in the referrals for Alcoa of Australia Limited (Reference 2024/10009) and Highland Energy Australia Pty Ltd (Reference 2025/10257). Entities must also comply with any conditions set by the Minister upon approval, as demonstrated by the variation of conditions for Water Corporation (Reference 2019/8453). Additionally, the Act requires timely notification of these actions, although the Department acknowledges occasional delays, as mentioned in the notice regarding missed notifications. The EPBC Act also includes provisions for penalties and consequences in the event of non-compliance. Under section 528, wilful or negligent breaches of the Act may result in significant fines and imprisonment. For example, any entity found to have violated the terms of their approval conditions could face substantial penalties. Furthermore, the Act allows for civil remedies under section 533, where affected parties can seek compensation for any environmental harm caused by non-compliance. The Act ensures that those who fail to adhere to its provisions are held accountable, thereby safeguarding environmental interests.