DEPARTMENT OF CLIMATE CHANGE, ENERGY, THE ENVIRONMENT AND WATER
Environment Protection and Biodiversity Conservation Act 1999
EPBC Act Part 7-9 decisions published, 21/11/2022 to 27/11/2022
For further information see the referrals list at https://epbcpublicportal.awe.gov.au/all-referrals/
and type the reference number in the Filter by Referral Number box
actions determined as NOT requiring approval (EPBC Act s.75)
Reference | Title | Date |
2022/09311 | Department of Environment and Science - Northern Region I Queensland Parks and Wildlife Service / Tourism and Recreation / Cape Tribulation Road, Cape Tribulation QLD 4873 (Lot 16 SP296966) / Queensland / Eastern Kuku Yalanji Culture and Tourism Hub and Visitor Centre (EKY Hub) | 18/11/2022 |
Some public notifications on the Internet and in the Gazette relating to the processing of referrals for approval under Chapter 4 of the Environment Protection and Biodiversity Conservation Act 1999 may occasionally be missed in processing by the Department of Climate Change, Energy, the Environment and Water or may not meet timeframes for notification. The Department of Climate Change, Energy, the Environment and Water has implemented systems and ongoing quality assurance procedures to minimise any risk of missing a notification within the required timeframe. Where a missed notification is identified the practice will be to notify these even though the timeframe for notification has lapsed. This will ensure that the history of notifications for each referral is available to the public. The Department of Climate Change, Energy, the Environment and Water regrets any inconvenience that may be caused by a missed notification. Please note that late notifications have not affected subsequent processing of referrals or assessments and they do not affect decisions made.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to address the need for comprehensive environmental protection and biodiversity conservation in Australia, ensuring that significant environmental impacts are assessed and managed. The Act is administered by the Department of Climate Change, Energy, the Environment and Water, which aims to safeguard the environment while supporting sustainable economic development. Part 7-9 of the Act pertains to decisions regarding referrals, providing a framework for the assessment and potential approval of projects that may impact protected matters. The Act aims to balance environmental protection with the nation's economic and social needs by ensuring that decisions are transparent and informed by thorough assessments. Recent notifications published by the Department illustrate the ongoing commitment to transparency and quality assurance in managing environmental referrals, despite occasional delays in public notifications.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of persons, entities, and activities that may impact on matters of national environmental significance, including actions that are proposed or have already been undertaken. This legislation is enforced by the Commonwealth and covers various industries, particularly those that may affect listed threatened species and ecological communities, World Heritage properties, wetlands of international significance, and other protected areas. The EPBC Act also pertains to actions that may result in significant impact through pollution or other means on the environment, including the marine environment. The geographic reach of the EPBC Act is national, with the Commonwealth having jurisdiction over matters that transcend state and territory boundaries. However, the Act may also incorporate state and territory laws and regulations where they complement Commonwealth efforts. The Act provides for certain exclusions and exemptions, such as where actions have already been approved by another authority or where there are specific thresholds for the scale or type of impact. The EPBC Act may also extend or restrict its application through subordinate instruments, such as regulations or guidelines, which provide further detail on specific matters.
Key Provisions
The key provisions of the EPBC Act (s.75) specify actions that do not require approval under the Act, including decisions where the action is determined as not needing approval. For instance, in the case of the Cape Tribulation Road project (EPBC Act s.75, reference number 2022/09311), the Department of Environment and Science – Northern Region I, Queensland Parks and Wildlife Service, Tourism, and Recreation undertook a project for the Eastern Kuku Yalanji Culture and Tourism Hub and Visitor Centre in Cape Tribulation, Queensland. This project was assessed and determined not to require approval under the EPBC Act, as detailed in the decision dated 18 November 2022.
The EPBC Act imposes several obligations on the entities it governs. These include a requirement to submit notifications and referrals for certain actions that may impact matters of national environmental significance. The Department of Climate Change, Energy, the Environment and Water is mandated to review these notifications and referrals to determine whether the proposed actions require approval under the Act. Furthermore, the Act requires the department to ensure timely notifications to the public regarding the status of these referrals. Ongoing quality assurance procedures are implemented to ensure that notifications are processed correctly and in a timely manner.
Failure to comply with the EPBC Act can result in civil or criminal consequences. For instance, if a party fails to notify the department of an action that requires approval, and this results in harm to an environmental matter of national significance, they could be held liable under the Act. The penalties for breaches of the EPBC Act can include substantial fines, with maximum penalties varying depending on the severity and type of breach. For example, individuals may face fines of up to $1.1 million or imprisonment for up to 3 years, while corporations could be fined up to $5.5 million. These provisions are designed to enforce compliance and protect environmental values.