EPBC Act Part 7-9 decisions published, 18/08/2025 to 24/08/2025

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. The EPBC Act establishes a framework for the assessment and approval of activities that may impact on the environment, including those that affect listed threatened species and communities, World Heritage properties, and other areas of environmental importance. The objective of the Act is to ensure that development and other activities are carried out in a manner that is environmentally sustainable and that takes into account the potential impacts on the environment. The EPBC Act is administered by the Australian Government's Department of Climate Change, Energy, the Environment and Water, which is responsible for assessing and approving actions that may impact the environment. The Act provides for a range of decision-making processes, including referral, assessment, approval, and monitoring of actions that may have significant environmental impacts. The Act also provides for public notification and consultation on proposed actions, as well as for the imposition of conditions and penalties for non-compliance. The EPBC Act is an important tool for protecting Australia's environment and ensuring that development and other activities are carried out in a sustainable manner.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide array of actions, entities, and industries across Australia, aiming to protect and conserve the nation's environment, including its biodiversity and heritage. The Act primarily governs activities that are deemed to be "controlled actions" and require federal approval under specific sections, such as mining projects, water management initiatives, and infrastructure developments, amongst others. The geographic reach of the Act is national, impacting projects regardless of whether they are situated in states, territories, or Commonwealth areas. While the Act is broad in its application, certain actions are exempt from its requirements if they are undertaken in a particular manner, as specified under the Act. Furthermore, the Act allows for its scope to be extended or modified through subordinate legislation and regulations, ensuring it can adapt to emerging environmental challenges and technological advancements. The Department of Climate Change, Energy, the Environment and Water is responsible for administering the Act, including the processing of referrals and issuing approvals or rejections of proposed actions.

Key Provisions

The main operative sections of the EPBC Act, particularly those referenced in this gazette, include sections 75, 87, 133, 78C, 143, 130(4), and 18/18A. Section 75 pertains to the approval process for actions that are deemed to be controlled actions, while section 87 outlines the assessment approach for such actions. Section 133 addresses the approval decision process for controlled actions, and section 78C outlines the procedure for reconsideration of a decision made under section 75(1). Section 143 relates to the variation of conditions of approval, and section 130(4) concerns the extension of time for approval decisions. Sections 18 and 18A pertain to listed threatened species and communities, which must be taken into account when considering an action under the Act. The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, those proposing to undertake a controlled action must submit a referral to the Department of Climate Change, Energy, the Environment and Water for assessment and potential approval. This referral must include detailed information about the proposed action, its potential environmental impacts, and any measures to mitigate those impacts. Secondly, the Department is required to assess the referral and determine whether the proposed action is a controlled action. If it is, the Department must decide whether to approve the action, either unconditionally or subject to certain conditions. Thirdly, if an action is approved, the proponent must comply with any conditions attached to the approval and monitor and report on the environmental impacts of the action. Fourthly, if an action is not approved, the proponent may apply for reconsideration of the decision under section 78C. Failure to comply with the requirements of the EPBC Act can result in a range of civil and criminal penalties. For example, individuals or organisations that undertake a controlled action without approval, or that fail to comply with the conditions of approval, may be liable to pay a penalty of up to $750,000 for each offence. In addition, individuals who intentionally or recklessly breach the Act may be subject to criminal prosecution, which can result in fines of up to $1.1 million and/or imprisonment for up to five years. Further, individuals who cause harm to listed threatened species or communities may be liable to pay compensation to the Commonwealth or to affected parties. The Act also provides for the imposition of administrative penalties, such as fines and suspension or cancellation of approval, for non-compliance with reporting or monitoring requirements.