EPBC Act Part 7-9 decisions published, 22/11/2021 to 28/11/2021

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, by means of a system of environmental impact assessment and approval processes. The Act was introduced to address the gap in comprehensive environmental protection legislation that covered both terrestrial and marine environments, and was enacted by the Parliament of Australia with the aim of ensuring sustainable development and conservation of biodiversity. The EPBC Act provides a framework for the assessment and approval of actions that may have significant environmental impacts, by requiring proponents to submit proposals for review and, where necessary, to implement measures to mitigate any adverse environmental effects. The Act also establishes a system for the protection of World Heritage, National Heritage, listed threatened species and communities, and wetlands of international importance, among other environmental values. The Department of Agriculture, Water and the Environment is responsible for administering the Act and ensuring compliance with its provisions.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a Commonwealth legislation that applies to actions that may have a significant impact on matters of national environmental significance. These include World Heritage properties, national heritage places, wetlands of international importance, listed threatened species and ecological communities, listed migratory species, the Great Barrier Reef Marine Park, the Commonwealth marine areas, and the water resources of the Commonwealth. The Act applies to both Commonwealth entities and, in some cases, non-Commonwealth entities and individuals, depending on the nature and scale of the proposed action. The geographic scope of the Act is national, as it covers the entire Australian territory, including external territories. The Act can extend or restrict its application through subordinate instruments, such as regulations, codes of practice, and ministerial guidelines. The Act includes exclusions and exemptions for certain actions, such as those that are covered by other environmental laws or that have already undergone assessment and approval under the Act. The Department of Agriculture, Water and the Environment is responsible for administering the Act and ensuring compliance with its provisions.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the assessment and approval of certain activities that may impact the environment, including national and world heritage places, listed threatened species, and other matters of environmental significance. Sections 75 and 87 of the Act outline the process for assessing whether an activity requires approval and determining the assessment approach. Section 133 of the Act governs the approval of activities that require approval, and section 143 allows for the variation of the conditions of approval. Part 7-9 of the EPBC Act sets out the decisions made regarding the approval of certain activities. For instance, the BM Alliance Coal Operations Pty Limited / Mining / Caval Ridge Mine, Moranbah / Queensland / Caval Ridge Mine Horse Pit Extension, Bowen Basin (reference 2021/9031) and Gilmour Space Technologies Pty Ltd / Transport - Air and Space / north-eastern corner of the Abbot Point State Development Area / Queensland / Bowen Orbital Spaceport (reference 2021/9071) actions are determined as requiring approval under sections 18 & 18A (listed threatened species and communities) and sections 20 & 20A (listed migratory species). The Upper Burdekin Wind Farm Holdings Pty Ltd / Energy Generation and Supply (renewable) / Seaview Range, approximately 65 km south-west of Ingham / Queensland / Upper Burdekin Wind Farm, QLD (reference 2021/9066) action is determined as requiring approval under sections 12 & 15A (World Heritage) and sections 15B & 15C (National Heritage). The Act imposes obligations and requirements on the parties or entities it governs. For example, the Estate 77 Pty Ltd / Commercial Development / Lots 635, 739 and 740 on Deposited Plan 202751 / Western Australia / Residential development of Lots 635, 739 and 740 on Deposited Plan 202751, Baldivis Road, Baldivis, WA (reference 2018/8361) action was approved with conditions under section 133 of the Act. Similarly, the Coal and Allied Operations Pty Ltd / Mining / Upper Hunter Valley, 4km northwest of Muswellbrook / New South Wales / Mount Pleasant Project (reference 2011/5795) action had its conditions of approval varied under section 143 of the Act. The EPBC Act also provides for offences, penalties, or civil/criminal consequences for breach, including maximum penalties where stated. However, the specific penalties for breach of the Act are not outlined in the provided information. It is important to note that the Department of Agriculture, Water and the Environment has implemented systems and ongoing quality assurance procedures to minimise any risk of missing a notification within the required timeframe, and where a missed notification is identified, the practice is to notify these even though the timeframe for notification has lapsed.