EPBC Act Part 7-9 decisions published, 18/10/2021 to 24/10/2021

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 Act was introduced to address the gap in the protection of the environment and biodiversity, particularly in areas that are beyond the jurisdiction of individual states and territories. The EPBC Act is administered by the Australian Government's Department of Agriculture, Water and the Environment, with a policy objective of ensuring that developments and activities that may have significant environmental impacts are appropriately assessed and managed. The Act includes provisions for the protection of threatened species and ecological communities, as well as the assessment and approval of actions that may impact on matters of national environmental significance. The Department of Agriculture, Water and the Environment has implemented systems and quality assurance procedures to ensure that notifications regarding the processing of referrals for approval under the EPBC Act are timely and accurate, and to address any instances of missed notifications.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of entities and activities that may have significant environmental impacts, particularly those that are proposed or ongoing and have the potential to affect matters of national environmental significance. These include listed threatened species and ecological communities, World Heritage properties, Ramsar wetlands, and other areas of ecological, cultural or heritage significance. The Act applies to individuals, corporations, and government bodies, and it covers a variety of actions such as development projects, land use changes, and transportation infrastructure, among others. The geographic reach of the Act is national, extending across all jurisdictions in Australia, and it can apply to both existing and proposed activities, including those outside of Australia that may have an environmental impact within the country. While the Act is comprehensive, it does include certain exclusions and exemptions, particularly for activities that are already regulated under other legislation or that have minimal environmental impact. The application of the Act may be extended or restricted through subordinate instruments such as regulations and guidelines, which provide further detail on specific aspects of the Act and its implementation.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) outlines key provisions for environmental protection and biodiversity conservation. Sections 75 and 133, for example, govern actions that require approval and the decision-making process for granting such approval. Section 75 specifies that certain actions, such as those impacting listed threatened species and communities, need approval. Section 133 then details the approval process, which may include imposing conditions to mitigate environmental impacts. In the context of the provided Gazette, the approval of the Landcom project at Samantha Riley Drive, Kellyville, was granted with specific conditions to address environmental concerns (EPBC Act s.133). This indicates a structured approach to ensuring that developments proceed with minimal harm to the environment. The EPBC Act imposes several obligations on parties involved in actions that require approval. These include providing comprehensive environmental impact assessments and demonstrating compliance with any imposed conditions. For example, in the case of Co-Operative Bulk Handling Limited's project, obligations would include assessing the impact on listed threatened species and communities (sections 18 and 18A). The Department of Agriculture, Water and the Environment mandates that such assessments be thorough and transparent, ensuring that all potential environmental impacts are identified and mitigated. Parties must also adhere to any conditions specified in the approval decision to protect biodiversity and environmental integrity. Breaches of the EPBC Act can lead to serious consequences, including both civil and criminal penalties. The Act allows for fines and imprisonment for violations, with the severity of penalties depending on the nature and extent of the breach. For instance, knowingly causing harm to listed threatened species could result in significant fines and imprisonment (EPBC Act s.319). Additionally, the Act provides for the possibility of recovery of costs incurred by the Department in rectifying environmental damage caused by non-compliance. These stringent measures are designed to enforce the Act's objectives and ensure that all parties are held accountable for their environmental responsibilities.