EPBC Act Part 7-9 decisions published, 23/03/2026 to 29/03/2026

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly matters of national environmental significance, by regulating actions that have, will have, or might have a significant impact on the environment. This Act, enacted by the Commonwealth Parliament, aims to protect and manage Australia's biodiversity and environment through a coordinated approach, ensuring that development and industrial activities consider their environmental impacts. The Act establishes a framework for assessing and approving projects that may affect listed threatened species, communities, and ecological communities, thereby contributing to the broader policy objective of sustainable development and conservation.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to actions that may have significant impacts on matters of national environmental significance, including listed threatened species, communities and their habitats, heritage places, and protected matters such as water resources and the Great Barrier Reef. The Act applies to both individuals and entities undertaking actions, including those related to energy generation, commercial development, and transport infrastructure, within the jurisdiction of the Commonwealth of Australia. This includes projects across all states and territories. The Act can extend its application through subordinate instruments, which may provide further detail or specify particular actions requiring approval. There are certain exclusions and exemptions, particularly for actions not classified as controlled actions, provided they are undertaken in a specific manner as outlined in the Act and its regulations. The geographic reach of the EPBC Act is national, covering all areas within Australia, and it governs the assessment and approval process for projects that may impact on national and environmental heritage.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a pivotal piece of Australian legislation aimed at protecting the environment, particularly by managing the impact of certain actions on the environment. Section 75 of the Act identifies actions that require approval, ensuring that significant environmental impacts are assessed and managed appropriately. For example, AVID Property Group Pty Ltd's project in Spring Farm, New South Wales, which involves energy generation and supply, was determined to require approval due to the presence of listed threatened species and communities in the area. Conversely, actions that do not require approval, as specified under Section 75, include developments such as Goodman Property Services (Aust) Pty Limited's commercial development in Bradfield, New South Wales, which was assessed and approved without conditions. Under the EPBC Act, entities and parties involved in actions that may impact the environment are subject to certain obligations and requirements. These include conducting environmental impact assessments as outlined in Section 87, where the AVID Property Group's project in Spring Farm underwent a referral process, and providing detailed referral information to the Department of Climate Change, Energy, the Environment and Water. Additionally, Section 133 pertains to the approval of actions with conditions, as seen in the case of Qumars Meshgin's residential development in Anketell, Western Australia, which was approved with specific conditions to mitigate land clearing impacts. Failure to comply with the provisions of the EPBC Act can lead to serious consequences. The Act includes provisions for offences, penalties, and civil or criminal consequences for breaches. For instance, unauthorized actions that require approval under Section 75 may result in legal penalties. Moreover, any missed notifications or delays in providing required information can lead to administrative actions. While the Department of Climate Change, Energy, the Environment and Water has systems in place to minimise missed notifications, any such instances are rectified by notifying the public retrospectively to maintain transparency and accountability. The EPBC Act also addresses variations in the conditions of approval, as seen in the cases of VicRoads and Anglo Coal (Moranbah North Management) Pty Limited, where modifications to previously approved projects were made under Section 143. These variations ensure that any changes to the approved conditions are properly assessed and managed. Additionally, Section 130(4) allows for extensions of time for certain actions, as demonstrated by the extension granted to Australia Pacific Airports (Melbourne) Pty Limited for their future airfield projects. Such provisions provide flexibility while ensuring that environmental considerations remain a priority.