EPBC Act Part 7-9 decisions published, 16/02/2026 to 22/02/2026

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, by regulating actions that have, will have or might have a significant impact on the environment. The Act was introduced to address the need for a comprehensive national framework to manage environmental impacts, particularly those that transcend state boundaries. The policy objective of the EPBC Act is to ensure that environmental protection is integrated into decision-making processes at all levels of government and in the private sector. The Act is administered by the Australian Government's Department of Climate Change, Energy, the Environment and Water, which is responsible for overseeing the implementation and enforcement of the legislation. The EPBC Act plays a crucial role in protecting Australia's unique biodiversity, ecosystems, and cultural heritage, while also facilitating sustainable development.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of entities, including individuals, corporations, and government bodies, and encompasses various industries such as transport, energy generation, and land use. This Act regulates actions that may impact matters of national environmental significance, including listed threatened species and communities, listed migratory species, and World Heritage properties. The jurisdictional reach of the EPBC Act is national, applying across all states and territories in Australia. The Act provides for certain exclusions, exemptions, and thresholds that determine the scope of its application to specific projects and actions. Additionally, the Act extends its application through subordinate instruments, which may include regulations and guidelines that further define the operational requirements and standards under the Act. Although the Act aims to cover a wide array of environmental considerations, it is important to note that not all actions require approval under the EPBC Act, as some may be determined not to require approval based on their potential environmental impact.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and biodiversity in Australia. The Act includes provisions for the approval of actions that may impact on matters of national environmental significance, such as listed threatened species and communities, listed migratory species, and World Heritage properties. Section 75 of the EPBC Act outlines the actions that require approval, while Section 133 specifies the decision-making process for approvals. The main operative sections of the EPBC Act, particularly sections 18, 18A, 20, and 20A, require the Minister to assess actions that may affect listed threatened species and communities, as well as listed migratory species. These assessments are conducted to ensure that the proposed actions do not have an adverse impact on the conservation status of these species. The Act also mandates the Minister to consider the potential impacts of an action on World Heritage properties, listed threatened species, and communities, and listed migratory species when making approval decisions (EPBC Act s.133). Entities and parties governed by the EPBC Act are required to submit detailed proposals outlining the potential environmental impacts of their proposed actions. These proposals must include information on the threatened species and communities, migratory species, and other matters of national environmental significance that may be affected. The Minister must then assess these proposals and make a decision on whether to approve the action, either with or without conditions, or to refuse approval (EPBC Act s.75). The Act also requires proponents to provide preliminary documentation to support their proposals (EPBC Act s.87). Failure to comply with the requirements of the EPBC Act may result in civil or criminal penalties. The maximum penalties for contravening the Act include fines of up to $66,000 for individuals and $330,000 for corporations, as well as imprisonment for up to five years for serious offences (EPBC Act s.327). Additionally, the Act provides for the imposition of conditions on approved actions to mitigate any adverse environmental impacts. Breach of these conditions may also result in penalties, including fines and imprisonment.