EPBC Act Part 7-9 decisions published, 18/04/2022 to 24/04/2022

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) was enacted to address the need for a comprehensive national framework for the protection of the environment, particularly in relation to matters of national environmental significance. The EPBC Act is administered by the Australian Government Department of Agriculture, Water and the Environment. The Act aims to provide for the protection of the environment, particularly matters of national environmental significance, by regulating activities that may have a significant impact on the environment. The gazette C2022G00482 provides details of decisions published under the EPBC Act from 18/04/2022 to 24/04/2022, including referrals that require approval and those that do not, as well as variations to the conditions of approval. The gazette also highlights the department’s commitment to ensuring timely notifications to the public and its efforts to minimise any risk of missed notifications.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various entities and actions across Australia, including Commonwealth, state, and territory jurisdictions. This legislation governs the protection of World Heritage properties, National Heritage places, listed threatened species and communities, listed migratory species, and the Great Barrier Reef Marine Park, among other environmental protections. The Act applies to a broad range of industries and activities, including aquaculture, energy generation and supply, water management and use, and scientific research, as indicated by the examples in the Gazette. The Act requires certain actions to obtain approval if they may have a significant impact on matters of national environmental significance, while some research activities may proceed without approval if conducted in a specified manner. The Act's scope can be extended or restricted through subordinate instruments, and the Department of Agriculture, Water and the Environment continuously monitors compliance to minimise the risk of missed notifications. Although late notifications may occur, they do not affect the processing of referrals or the decisions made under the EPBC Act.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment, including actions that may impact World Heritage, National Heritage, listed threatened species and communities, listed migratory species, and the Great Barrier Reef Marine Park. Section 75 of the Act requires certain actions to be approved by the Minister if they are likely to have a significant impact on matters of national environmental significance. For instance, De Costi Seafoods Pty Ltd's Proserpine Prawn Farm - Stage 4 in Queensland and NSW Electricity Networks Operations Pty Limited's new transmission infrastructure in New South Wales are examples of actions that required ministerial approval (EPBC Act s.75). Conversely, some actions are determined as not requiring approval, provided they are undertaken in a specific manner, such as the Universitaet Hamburg's marine geological and geophysical survey in the Coral Sea Marine Park (EPBC Act s.75). The Act imposes various obligations on the parties or entities it governs, including the requirement to notify the Department of Agriculture, Water and the Environment of any proposed actions that may impact the environment. The department then assesses whether the proposed action requires approval under the Act. For instance, De Costi Seafoods Pty Ltd and Shoalhaven City Council were required to provide public environment reports and preliminary documentation, respectively, for their proposed actions (EPBC Act s.87). The Act also requires the department to implement systems and ongoing quality assurance procedures to minimise any risk of missing a notification within the required timeframe. In cases where a missed notification is identified, the department will notify the public, even though the timeframe for notification has lapsed. Breach of the Act may result in civil or criminal consequences, including offences and penalties. For instance, Section 506 of the Act provides for a maximum penalty of $66,000 for individuals and $330,000 for bodies corporate for failing to comply with an approval or a direction given under the Act. Additionally, Section 511A of the Act provides for a maximum penalty of $66,000 for individuals and $330,000 for bodies corporate for causing damage to a matter of national environmental significance. The Act also provides for the recovery of costs incurred by the department in assessing and approving actions. It is important to note that late notifications have not affected subsequent processing of referrals or assessments and they do not affect decisions made. However, the department regrets any inconvenience that may be caused by a missed notification.