EPBC Act Part 7-9 decisions published, 20/04/2026 to 26/04/2026

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was introduced to address the need for a cohesive approach to environmental protection and biodiversity conservation in Australia. Enacted by the Australian Parliament, the Act provides a framework to safeguard the nation's environmental heritage and to protect and manage nationally and internationally significant flora, fauna, ecological communities, and heritage places. The policy objective of the Act is to prevent significant damage to the environment and to promote sustainable use of natural resources. The EPBC Act aims to balance environmental protection with economic development by providing a comprehensive legislative framework that can be adapted to address emerging environmental challenges.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of entities and activities across Australia, including corporations, individuals, and local governments, that may have significant environmental impacts, particularly those that affect matters of national environmental significance such as listed threatened species, communities, and water resources. The Act covers actions such as mining operations, water management, and commercial and residential developments, particularly those that are proposed in or near environmentally sensitive areas. The geographic reach of the Act is national, with the Commonwealth government having overarching jurisdiction, though it also incorporates state and territory environmental laws. Certain projects may be exempt from the need for approval if they do not pose a significant risk to matters of national environmental significance, as determined by the Act. Additionally, the Act provides for subordinate instruments that can extend or restrict its application, allowing for more detailed regulation of specific activities or areas. Despite the comprehensive nature of the Act, the Department of Climate Change, Energy, the Environment and Water acknowledges the possibility of occasional missed notifications and commits to quality assurance measures to ensure transparency and public access to information, even if these notifications occur after the statutory timeframes.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides a framework for the protection of the environment, particularly in relation to actions that may impact matters of national environmental significance. Sections 75, 87, 133, and 143 of the EPBC Act outline the processes for determining whether an action requires approval, the assessment approach, the approval decision, and the variation of conditions of approval, respectively. Recently, the Department of Climate Change, Energy, the Environment and Water has published decisions on several actions, indicating whether they require approval or have been approved with conditions, or where conditions of approval have been varied. For actions that require approval, the EPBC Act imposes obligations on the parties involved to provide detailed information about the potential environmental impacts of the proposed action. This includes assessments of the impacts on listed threatened species and communities, water resources, and migratory species. For example, Whitehaven Daunia Pty Ltd's proposal for the Daunia Coal Mine - West Infrastructure Project must include assessments under sections 18, 18A, 24D, and 24E of the EPBC Act. Similarly, Central Coast Council's proposal for the Toukley Desalination Water Treatment Plant must include assessments under sections 18, 18A, 20, and 20A of the EPBC Act. Actions that have been approved with conditions, such as Australia Pacific Airports (Melbourne) Pty Limited's Future Airfield Projects, must comply with the specific conditions outlined in the approval. This may include requirements for environmental management plans, monitoring programs, or other measures to mitigate potential environmental impacts. In cases where the conditions of approval are varied, such as Hamersley Iron Pty. Limited's Extension to Brockman Syncline Iron Ore Operations, the parties must adhere to the updated conditions as specified by the Act. Failure to comply with the requirements of the EPBC Act can result in civil or criminal penalties. The Act provides for both administrative and legal enforcement mechanisms to ensure compliance. For example, unauthorised actions that impact matters of national environmental significance can result in fines of up to $666,000 for individuals and $3,330,000 for corporations, as well as imprisonment for up to five years. These penalties underscore the importance of adhering to the provisions of the EPBC Act to protect the environment and comply with legal obligations.