EPBC Act Part 7-9 decisions published, 18/05/2026 to 24/05/2026

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This includes protection of the World Heritage properties, national heritage places, wetlands of international significance, listed threatened species and ecological communities, and the marine environment. The Act is administered by the Commonwealth Government through the Department of Climate Change, Energy, the Environment and Water. The overarching policy objective of the EPBC Act is to promote the sustainable use, development, and management of the environment while protecting and conserving biodiversity and heritage values. This Act aims to achieve a balance between environmental protection and economic development by providing a framework for assessing and managing the impacts of proposed activities on the environment. The EPBC Act ensures that decisions about activities that may significantly impact the environment are made in a transparent and accountable manner. It provides for the assessment and approval of actions that are likely to have a significant impact on matters of national environmental significance, as well as for the establishment of a public register of these decisions. The Act also provides for the protection of listed threatened species and ecological communities, the regulation of international trade in endangered species, and the management of environmental impacts associated with Commonwealth activities. The EPBC Act plays a crucial role in safeguarding Australia's natural heritage and ensuring that development occurs in a manner that is environmentally sustainable.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of persons, entities, industries, and actions, with a focus on protecting and conserving Australia's environment, including its biodiversity, ecosystems, and heritage places. This Commonwealth Act extends to all parts of Australia, including its territorial seas, and applies to actions that are designated as "controlled actions" under the Act. Controlled actions include a broad array of activities, such as mining operations, energy generation and supply projects, and infrastructure developments, that have, or are likely to 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, Ramsar-listed wetlands, the Great Barrier Reef, the waters of the Great Barrier Reef Marine Park, nuclear actions, and Commonwealth marine areas. The EPBC Act provides for the approval of controlled actions that may impact these significant environmental areas, with decisions made by the Minister for the Environment and Water or the Federal Court. The Act also allows for the establishment of exemption and threshold mechanisms to streamline the approval process for actions that are unlikely to have a significant environmental impact. While the EPBC Act provides for the regulation of a wide range of activities, it also includes exclusions and exemptions for certain actions, such as activities carried out under state or territory laws that meet specific criteria. Additionally, the Act can be extended or restricted through the issuance of subordinate instruments, such as regulations or guidelines, which provide further detail on the application of the Act and the approval process for controlled actions. Despite the potential for occasional missed notifications regarding referral approvals, the Department of Climate Change, Energy, the Environment and Water has implemented quality assurance procedures to minimise any risk of missing a notification within the required timeframe, ensuring transparency and public access to information on the processing of referrals under the EPBC Act.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) encompasses several key provisions that dictate the approval process for actions that may affect matters of national environmental significance. For instance, sections 18 and 18A focus on listed threatened species and communities, ensuring that any proposed action does not harm species that are endangered or vulnerable. Similarly, sections 20 and 20A concern listed migratory species, ensuring that migratory birds and other species are not adversely affected by proposed actions. Section 23 and 24A address Commonwealth marine areas, ensuring that marine environments are protected. Furthermore, sections 15B and 15C pertain to National Heritage places, ensuring that actions do not impact culturally significant sites. The Act imposes a series of obligations on parties or entities seeking approval for actions that may affect these matters. For example, they must submit detailed documentation, such as an Environmental Impact Statement or Preliminary Documentation, as outlined in section 87. This documentation must detail how the proposed action will impact the environment and what measures will be taken to mitigate any adverse effects. Additionally, section 133 mandates that any approval comes with specific conditions to ensure that environmental harm is minimised. These conditions can range from temporal restrictions to specific management practices that must be adhered to during the action. Failure to comply with the requirements of the EPBC Act can result in severe penalties. Section 75 outlines that any action requiring approval without it is an offence, potentially leading to fines or imprisonment. The severity of the penalty often correlates with the degree of environmental harm caused or the intent behind the non-compliance. For example, knowingly causing harm to a listed threatened species could result in more stringent penalties compared to an inadvertent oversight. The maximum penalties vary but can include substantial fines and imprisonment terms, underscoring the seriousness with which the Act treats environmental non-compliance.