EPBC Act Part 7-9 decisions published, 23/02/2026 to 01/03/2026

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to provide for the protection of the environment, particularly in relation to matters of national environmental significance. The Act was introduced to address the need for a comprehensive framework to manage and protect the environment, including biodiversity, heritage, and other ecological aspects. The EPBC Act establishes a system for the assessment and approval of actions that may have a significant impact on the environment, ensuring that environmental considerations are integrated into decision-making processes. The Department of Climate Change, Energy, the Environment and Water is responsible for administering the Act, with a policy objective to safeguard Australia’s environment and heritage while supporting sustainable development.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of activities, entities, and conduct within Australia, aiming to protect and conserve the nation's environment, particularly those aspects of national and global significance. The Act applies to actions, including projects and activities, that are classified as controlled actions under the Act. These can include mining, energy generation, residential and commercial developments, and other industrial activities that might impact the environment, especially World Heritage properties, National Heritage places, and listed threatened species and communities. The jurisdictional reach of the Act is national, applying across all states and territories in Australia, thereby ensuring a cohesive approach to environmental protection throughout the country. The Act's application can be extended or restricted through subordinate legislation or regulations, which provide further detail and specify the types of actions that require approval or assessment under the EPBC Act. Entities subject to the Act include both public and private sector organisations, as well as individuals who undertake actions that impact the environment. While the Act broadly applies to numerous activities, there are specific exclusions and exemptions, such as certain agricultural practices and activities on private land not impacting matters of national environmental significance.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) includes a variety of provisions to regulate actions that may impact the environment, particularly those that require approval under the Act. Section 75(1) of the Act specifies that certain actions are classified as controlled actions, requiring approval from the relevant authority before they can proceed. This is a critical provision as it sets the groundwork for environmental protection and biodiversity conservation by ensuring that significant environmental impacts are assessed and mitigated where necessary. Under the EPBC Act, the parties or entities subject to its provisions are required to adhere to specific obligations and requirements. These obligations include submitting detailed proposals and environmental impact assessments for controlled actions, ensuring compliance with any conditions attached to approval, and reporting on the implementation and effects of approved actions. The Act also mandates that proponents of controlled actions must engage with stakeholders, including Indigenous communities and other relevant parties, to ensure their concerns and interests are considered in the decision-making process. Failure to comply with the EPBC Act can result in significant legal consequences. The Act outlines various offences and penalties for breaches, which can include both civil and criminal penalties. For instance, knowingly making a false or misleading statement in an application for approval can result in a civil penalty of up to $1.1 million for a corporation and $220,000 for an individual, or both imprisonment for up to five years and/or fines. Similarly, taking an action that contravenes a condition of approval can attract fines of up to $1.1 million for corporations and $220,000 for individuals, as well as potential imprisonment terms. These stringent penalties underscore the importance of strict adherence to the Act's requirements to protect environmental and biodiversity interests.