EPBC Act Part 7-9 decisions published, 17/03/2025 to 23/03/2025

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) was enacted to address the problem of protecting and conserving Australia's environment, including its biodiversity and heritage, from the impacts of human activities. The EPBC Act provides a framework for the protection of the environment, including threatened species and communities, listed migratory species, and matters of national environmental significance. The Act is administered by the Department of Climate Change, Energy, the Environment and Water and aims to ensure that decisions affecting the environment are made in a transparent and accountable manner. The EPBC Act provides for the assessment and approval of actions that may have a significant impact on the environment, including the preparation of environmental impact statements and the consideration of public comments. The policy objective of the Act is to promote the sustainable use of natural resources and to protect the environment for future generations. The EPBC Act provides for the assessment and approval of actions that may have a significant impact on the environment, including the protection of threatened species and communities, listed migratory species, and matters of national environmental significance. The Act also provides for the establishment of environmental impact assessment processes and the consideration of public comments. The EPBC Act aims to ensure that decisions affecting the environment are made in a transparent and accountable manner, and that the impacts of human activities on the environment are minimised. The Act provides for the protection of the environment, including the conservation of biodiversity and the sustainable use of natural resources, and aims to promote the sustainable development of Australia. The policy objective of the Act is to protect and conserve Australia's environment, including its biodiversity and heritage, from the impacts of human activities.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to actions that may significantly impact matters of national environmental significance, such as listed threatened species, communities, and migratory species. The Act governs various entities and industries, including energy generation and supply (renewable and non-renewable), residential and commercial development, mining, and water management. It applies across Australia, covering both Commonwealth and state/territory jurisdictions, including Norfolk Island and the Australian External Territories. The Act allows for exclusions, exemptions, and thresholds based on the potential impact of actions on the environment. Additionally, the application of the Act can be extended or restricted through subordinate instruments such as regulations and guidelines. The Department of Climate Change, Energy, the Environment and Water is responsible for ensuring the timely notification of public decisions and assessments related to referrals under the EPBC Act, with ongoing quality assurance measures in place to minimise any delays or omissions.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) contains provisions that govern the approval and assessment of certain actions that may impact the environment, including listed threatened species, communities, and migratory species. Section 75 of the EPBC Act outlines the actions that require approval, while section 133 deals with the approval process. For instance, the Cellars Hill Wind Farm project in Tasmania, under reference 2025/10112, required approval due to its potential impact on listed threatened species and communities, and this was determined on 14 March 2025. Similarly, the Menangle Park project in New South Wales, under reference 2024/10074, required approval for its site-wide bulk earthworks development due to its impact on listed threatened species and communities, and this was determined on 17 March 2025. The Act imposes various obligations on parties and entities involved in actions that require approval. For example, proponents must provide detailed documentation and undergo assessment processes as specified in sections 87 and 133 of the EPBC Act. This includes the requirement to submit preliminary documentation or go through an accredited assessment process. The Cellars Hill Wind Farm project in Tasmania, for instance, followed the accredited assessment process under the Land Use Planning and Approvals Act 1993 (Tas), as detailed on 14 March 2025. Likewise, the Menangle Park project in New South Wales submitted preliminary documentation on 17 March 2025. Failure to comply with the requirements of the EPBC Act can result in significant consequences. Under sections 75 and 133, actions not requiring approval can still be subject to stringent environmental controls, and non-compliance can lead to enforcement actions. For example, the BP Area 2A Residential Development in Western Australia, under reference 2024/10091, was determined not to require approval on 14 March 2025, but it still must comply with environmental standards. Any breach of the EPBC Act can result in civil or criminal penalties. The maximum penalties for offences under the EPBC Act can include substantial fines and imprisonment, depending on the severity of the breach and whether it is a civil or criminal matter. In addition to the approval and assessment requirements, the EPBC Act also allows for variations to the conditions of approval for certain projects. For example, the Ellensfield Underground Coal Mine project in Queensland, under reference 2007/3643, had its conditions of approval varied on 11 March 2025. This flexibility ensures that projects can adapt to changing circumstances while still meeting environmental standards. Furthermore, the EPBC Act provides for the extension of time for certain actions, as seen in the City of Greater Geelong Mosquito Control Program 2021-2030 in Victoria, under reference 2020/8782, where the timeframe for notification was extended to 7 April 2025 on 14 March 2025. This extension allows for more time to address any issues that may arise during the project's implementation.