EPBC Act Part 7-9 decisions published, 17/02/2025 to 23/02/2025

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Australian Parliament to address the need for a cohesive national framework for the protection of the environment, particularly in relation to matters of national environmental significance. This Act provides the legislative basis for the Commonwealth government to protect and manage nationally and internationally significant environmental values by regulating actions that may impact these areas. The policy objective of the EPBC Act is to ensure that the Commonwealth, in collaboration with the states and territories, can effectively manage environmental impacts, particularly those that may affect the environment beyond state borders or have significant transboundary or international implications. As part of its ongoing responsibilities, the Department of Climate Change, Energy, the Environment and Water is tasked with the administration of the EPBC Act, including the processing of referrals and decisions related to various projects and actions that require approval or assessment under the Act. The department strives to ensure that all notifications and approvals are processed within the stipulated timeframes and maintains quality assurance procedures to minimise any oversights. While occasional delays in notifications may occur, the department commits to notifying the public of any missed notifications to maintain transparency and public trust. The EPBC Act remains a critical tool for the protection of Australia’s environmental heritage and its sustainable management for future generations.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to actions undertaken within Australia or by Australian citizens abroad that have, will have, or might have a significant impact on matters of national environmental significance. These matters include World Heritage properties, listed threatened species and ecological communities, listed migratory species, the Great Barrier Reef Marine Park, the law of the sea, the atmosphere, interstate and international water resources, the Antarctic, and the Commonwealth's nuclear activities. The Act applies to various entities and individuals, including corporations, partnerships, and individuals, and covers a wide range of activities such as exploration, mining, energy generation and supply, infrastructure development, and waste disposal. The Act's jurisdictional reach is national, extending to both Commonwealth and state lands and waters, with specific provisions addressing actions in the marine environment, on Commonwealth land, and on Aboriginal and Torres Strait Islander land. The Act provides for exemptions and thresholds for certain activities, and its application can be extended or restricted through subordinate instruments, such as regulations and codes of practice. The Act also allows for the assessment and approval of certain actions that may impact on matters of national environmental significance, with decisions published on the EPBC Act public portal.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs several significant projects, including mineral exploration, renewable and non-renewable energy generation, and infrastructure developments, among others. Section 75 of the EPBC Act outlines the requirements for approving or not approving specific actions, while Section 133 details the conditions under which approval may be granted. For example, Bennett Resources Pty Ltd's Valhalla Gas Exploration and Appraisal Program in Western Australia requires approval under sections 15B, 15C, 18, and 18A of the EPBC Act (Reference 2024/10006B). Conversely, the Nebo BESS Energy Storage System and Nebo Substation Expansion by Nebo Bess Pty Ltd was determined not to require approval under sections 18 and 18A (Reference 2024/10060). The Act imposes specific obligations on entities seeking approval for actions that may impact matters of national environmental significance. These include National Heritage places, listed threatened species and communities, listed migratory species, and water resources related to coal seam gas and large coal mining developments. For instance, Mumblin Wind Farm Pty Ltd must comply with sections 18, 18A, 20, and 20A for their proposed wind farm in Victoria (Reference 2024/10068). Similarly, the decommissioning of the National Research Cyclotron Facility by the Australian Nuclear Science and Technology Organisation must adhere to section 28 of the EPBC Act (Reference 2024/10072). The EPBC Act also outlines the consequences for non-compliance. Breaches of the Act can result in both civil and criminal penalties. For example, unauthorized actions that impact listed threatened species or communities can lead to fines of up to $666,666.66 for individuals and $3,333,333.33 for corporations, as stipulated under sections 18 and 18A. Furthermore, failure to comply with conditions of approval can attract additional penalties. The Act emphasizes the importance of adhering to the specified timeframes and conditions to avoid legal repercussions.