EPBC Act Part 7-9 decisions published, 15/09/2025 to 21/09/2025

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in areas related to world heritage properties, national heritage places, listed threatened species and ecological communities, and matters of national environmental significance. This legislation was introduced to address the need for a comprehensive and integrated approach to environmental protection in Australia, covering both federal and state jurisdictions. The Act is administered by the Parliament of Australia, with a policy objective of ensuring that development and other activities do not have significant adverse environmental impacts. The EPBC Act plays a crucial role in safeguarding Australia’s natural heritage, promoting sustainable development, and ensuring that environmental considerations are integrated into decision-making processes. The Act provides a framework for assessing and managing the environmental impacts of proposed actions, including the requirement for referrals, approvals, and conditions to mitigate potential harm to the environment.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of activities, entities, and industries that may impact matters of national environmental significance. This includes World Heritage properties, National Heritage places, listed threatened species and ecological communities, and other environmental matters of national significance as defined under the Act. The Act applies to individuals, corporations, and any entity that proposes to undertake an "action" that may have a significant impact on these environmental matters. The geographic reach of the EPBC Act is national, covering all of Australia and its territorial waters, with specific provisions for offshore activities and actions that may impact territories and external matters. The Act can also extend its application to actions occurring outside Australia if they are likely to significantly affect a matter of national environmental significance within Australia. Certain actions may be exempt or excluded from the Act, such as those covered under other federal or state legislation, or those below certain thresholds of impact. The application and scope of the Act can be extended or restricted through subordinate legislation and regulations, which provide additional details on matters such as the types of actions requiring approval, assessment processes, and the conditions under which approval may be granted or varied.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) has several key sections that govern environmental protection and biodiversity conservation in Australia. Section 75 of the Act mandates that certain actions require approval, which involves an assessment of their potential environmental impact. For instance, in the case of the Hydro Tasmania Tarraleah Redevelopment Project (reference 2025/10226), approval was determined necessary due to its implications for World Heritage, National Heritage places, and listed threatened species and communities (sections 12, 15A, 15B, 15C, 18, and 18A). Similarly, the Big Vein South open cut gold mine project (reference 2025/10252) required approval for its impact on listed threatened species and communities (sections 18 and 18A). Conversely, some actions, like the residential development by Goldfields Cowaramup Pty Ltd (reference 2025/10258) and the subsea fibre optic data cable systems installation by Perch Infrastructure Pty Ltd (reference 2025/10258), were determined not to require approval under section 75 of the Act. The Act imposes various obligations and requirements on parties or entities it governs. These obligations include submitting preliminary documentation and undergoing assessments for actions that require approval. For example, Hydro Tasmania and Strategic Minerals Corporation N.L. were required to submit preliminary documentation as part of their assessments (references 2025/10226 and 2025/10252, respectively). Furthermore, entities must comply with any conditions set for their approved actions. For instance, the North Kiaka Project Quartzite Mine Expansion by Simcoa Operations Pty Ltd and the Pottinger Wind Farm by Pottinger Renewables Pty Ltd were approved with specific conditions (references 2021/9089 and 2023/09679). The EPBC Act also outlines specific offences and penalties for breaches. While the gazette does not detail the maximum penalties for breaches, it is known that violations can lead to both civil and criminal consequences. For instance, non-compliance with the conditions of approval can result in enforcement actions, including fines and potential criminal charges. Additionally, the variation of conditions of approval, as seen in the cases of Tasmanian Railway Pty Ltd, U & D Mining Industry Australia Pty Ltd, and Sojitz Coal Mining Pty Ltd (references 2012/6392, 2013/6799, and 2019/8482), demonstrates the regulatory oversight in ensuring compliance. The Act also allows for the extension of time for certain actions, such as the residential subdivision by Stevens Holdings Pty Ltd (reference 2021/8968), which was extended to 19/09/2025. Despite any delays in notification, the Department of Climate Change, Energy, the Environment and Water assures that such delays do not affect the processing or outcomes of referrals and assessments.