EPBC Act Part 7-9 decisions published, 19/05/2025 to 25/05/2025

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, through the regulation of activities that may impact on these areas. The EPBC Act was introduced to address the need for a comprehensive legislative framework to protect Australia's biodiversity and environment from potentially harmful activities. The EPBC Act is administered by the Parliament of Australia, with the aim of ensuring that environmental considerations are integrated into decision-making processes. The policy objective of the Act is to safeguard Australia's environmental heritage by preventing significant harm to matters of national environmental significance caused by actions or developments. The Department of Climate Change, Energy, the Environment and Water is responsible for the administration and enforcement of the EPBC Act. The department ensures that the Act's provisions are implemented effectively, and that public notifications relating to the processing of referrals for approval under Chapter 4 of the Act are communicated in a timely and accurate manner. The department has implemented systems and ongoing quality assurance procedures to minimise the risk of missed or late notifications, and to maintain public confidence in the administration of the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of activities across Australia, aiming to protect and conserve the nation's environmental heritage. This Act applies to various entities including corporations, individuals, and government bodies, encompassing numerous industries such as residential and commercial development, energy generation (both renewable and non-renewable), and mining. Conduct and transactions that are classified as 'controlled actions' under the Act require approval if they may have a significant impact on matters of national environmental significance, such as listed threatened species and communities, listed migratory species, and World Heritage properties. The geographic reach of the Act is national, with decisions impacting areas across all states and territories in Australia. Certain activities may be exempt from the Act if they meet specific criteria, and the Act also extends its application through subordinate instruments like regulations and guidelines, which further specify the requirements and conditions for approvals and exemptions.

Key Provisions

The Gazette details a series of decisions under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) made from 19 May 2025 to 25 May 2025. Section 75 of the Act addresses actions requiring approval, such as the residential development by Zuri Properties Pty Ltd in Queensland (Reference 2025/10116) and commercial development by Goodman Property Services (Aust) Pty Limited in New South Wales (Reference 2025/10159). Both actions pertain to listed threatened species and communities and were determined on 19 May 2025. Other actions include the residential development by McCloy Project Management Pty Ltd in New South Wales (Reference 2025/10155) and the energy generation and supply projects by Burdekin Solar Farm Pty Ltd in Queensland (Reference 2025/10166) and Tilt Renewables Devco Pty Ltd in South Australia (Reference 2025/10164). The latter also involved listed migratory species, as per sections 20 and 20A of the Act. Entities and parties governed by the EPBC Act must comply with the stipulated sections, ensuring their projects do not adversely affect listed threatened or migratory species and communities. They must provide preliminary documentation and potentially further details as required by the Department of Climate Change, Energy, the Environment and Water. The approval process involves thorough assessment and may include conditions to mitigate environmental impacts. The Act also mandates reconsiderations and extensions of time for certain actions, as seen in the decision for Woodside Energy Ltd.’s mining project (Reference 2018/8335) and the extension for the Department of Defence’s infrastructure works (Reference 2024/10031). The EPBC Act imposes various consequences for non-compliance or breaches of its provisions. Under sections 75 and 133, failure to obtain required approval for actions that impact listed species or communities can lead to penalties. The maximum penalties for contravening the Act are substantial, including fines up to $666,000 for individuals and $3,330,000 for corporations, as well as potential imprisonment. Moreover, civil and criminal liabilities may arise from unauthorised actions that harm the environment or listed species. For instance, the approval decision for Sealark Pty Limited’s residential development (Reference 2023/09524) came with specific conditions to ensure compliance. Additionally, the Act stipulates penalties for late notifications, though the Gazette clarifies that such lapses do not affect subsequent processing or decisions. The Department of Climate Change, Energy, the Environment and Water has procedures in place to address and notify the public of any missed notifications to maintain transparency and integrity in the referral process.