EPBC Act Part 7-9 decisions published, 22/12/2025 to 28/12/2025

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide a framework for the protection of the environment, particularly by protecting matters of national environmental significance from significant adverse impacts. This federal legislation was introduced by the Australian Parliament to address the need for a unified approach to environmental protection across state and territory boundaries, and to ensure that the federal government has a role in protecting the nation's environmental heritage. The EPBC Act establishes a process for assessing and approving actions that may have a significant environmental impact, including through referral and approval mechanisms outlined in the Act. The policy objective of the EPBC Act is to contribute to the sustainable use and conservation of Australia's biodiversity and environment, and to safeguard Australia's natural and cultural heritage. The EPBC Act includes provisions for the assessment and approval of proposed actions that may impact on matters of national environmental significance, such as World Heritage properties, listed threatened species and communities, and listed migratory species. The Act also provides for the regulation of international trade in endangered species and the protection of cultural heritage. The Act's referral and approval mechanisms are designed to ensure that proposed actions are assessed for their potential environmental impacts, and that appropriate measures are put in place to mitigate any significant adverse impacts. The EPBC Act plays a critical role in protecting Australia's environment and cultural heritage, and in promoting sustainable development and management of natural resources.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of activities, entities, and projects across Australia, aiming to protect and conserve the nation's biodiversity and environment. The Act governs matters of national environmental significance, which include World Heritage properties, national heritage places, wetlands of international significance, listed threatened species and ecological communities, and listed migratory species. It extends to all industries and conduct that may impact these areas, requiring specific approvals for actions that could harm protected species, communities, or places of heritage significance. The Act's jurisdictional reach is national, applying to projects throughout the Commonwealth, states, and territories. While the EPBC Act generally applies broadly, certain exclusions and exemptions may apply, such as activities already regulated under state or territory legislation. The Act's application can also be extended or restricted through subordinate instruments, such as regulations and codes of practice, which provide detailed guidance on specific matters such as assessment processes or approval conditions.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) outlines key provisions that govern the approval of actions that may significantly impact the environment, including matters of national environmental significance. Section 75 of the EPBC Act requires that certain actions be referred to the Minister for approval. In this context, actions determined to require approval (sections 75) include those that may affect listed threatened species and communities (sections 18 & 18A), listed migratory species (sections 20 & 20A), World Heritage properties (sections 12 & 15A), and National Heritage places (sections 15B & 15C). Actions determined not to require approval are also detailed in the gazette, such as energy generation and supply projects that do not significantly impact the environment (section 75). Entities and parties governed by the EPBC Act have specific obligations. They must comply with the provisions of the Act and provide all necessary information and documentation for the assessment of actions that may impact the environment. For example, Equis Wind Australia Pty Ltd must detail how their Wanganella Wind Farm project will affect listed threatened species and communities, as per sections 18 and 18A. Similarly, Tronox Mining Australia Limited must outline the potential impacts on World Heritage and National Heritage properties for their Atlas-Campaspe Mine project. These obligations ensure that all relevant environmental considerations are assessed and addressed before any approval is granted. Failure to comply with the EPBC Act can result in civil and criminal penalties. For breaches of the Act, the maximum penalties can be substantial. For example, under section 514 of the EPBC Act, individuals may face fines of up to $1.1 million or imprisonment for up to five years, or both, for offences such as unauthorised actions that harm the environment. Companies can face even higher fines, with penalties reaching up to $5.5 million for serious or repeated offences. Additionally, the Act provides for the imposition of compliance orders, which can require entities to take specific actions to mitigate environmental harm or restore affected areas. The EPBC Act also includes provisions for assessing the environmental impact of proposed actions. For instance, Monaro Rock Pty Ltd's Monaro Rock Quarry Project will undergo a Preliminary Documentation assessment (section 87), which is a step towards determining whether the action requires approval. This assessment approach helps ensure that all potential environmental impacts are thoroughly evaluated before any decision is made. Furthermore, the Act mandates that decisions on approvals, such as the decommissioning of the National Research Cyclotron Facility, be made with conditions that aim to mitigate any adverse environmental effects (section 133). These decisions are published in the gazette to maintain transparency and public accountability.