EPBC Act Part 7-9 decisions published, 24/01/2022 to 30/01/2022

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to address environmental protection and biodiversity conservation issues. This Act provides a framework for the protection of the environment, including matters of national environmental significance such as listed threatened species and communities, by requiring approval for certain actions that may have a significant impact on these matters. The EPBC Act aims to ensure that significant environmental impacts are properly assessed and managed, thereby contributing to the sustainable use and conservation of Australia's natural resources. The Department of Agriculture, Water and the Environment is responsible for administering the Act and has implemented quality assurance procedures to ensure timely and accurate notifications regarding the processing of referrals for approval under the Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of entities, including corporations, individuals, and partnerships that undertake activities that may impact matters of national environmental significance. These matters include World Heritage properties, listed threatened species and ecological communities, and other areas protected under the Act. The EPBC Act is a Commonwealth Act, providing a national framework for the protection of the environment, including biodiversity, heritage places, and other environmental assets. It applies across Australia, including in the states and territories, and governs actions that may impact the environment, particularly those that are likely to have a significant impact on matters of national environmental significance. The Act can extend its application through subordinate instruments, which can provide more detailed rules and regulations on specific aspects of environmental protection. While the Act covers a broad spectrum of environmental concerns, there are certain exclusions and exemptions, such as actions that are already regulated under state or territory laws, and minor actions that do not pose a significant risk to the environment. The legislative framework also includes provisions for public notification and consultation on proposed actions that may require approval under the Act.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the approval of various projects that may have a significant impact on matters of national environmental significance, such as listed threatened species and communities, listed migratory species, listed marine species, the World Heritage properties, the water resources of the Great Artesian Basin, the water, air, and soil, the Commonwealth marine areas, the nuclear actions, and the biodiversity. Under section 75 of the EPBC Act, the Minister determines whether an action requires approval, and such actions are published in the Gazette. For instance, in the period from 24/01/2022 to 30/01/2022, the Minister determined that Richmond Vanadium Technology Pty Ltd’s mining project at Frontage Road, Richmond, Queensland, required approval because it may impact listed threatened species and communities (EPBC Act s.18 & 18A). The Act imposes several obligations on the proponents of the projects that require approval. For example, the proponents must provide the Minister with relevant information about the project, including its environmental impacts and measures to mitigate those impacts. The proponents must also consult with affected parties and the public, as required. The Minister may also impose conditions on the approval of the project, such as requiring the proponent to undertake environmental monitoring or remediation. In cases where the Minister determines that an action does not require approval, the proponent may proceed with the project, subject to any other applicable laws and regulations. Breach of the EPBC Act or its regulations may result in civil or criminal penalties. Under section 528 of the Act, a person who contravenes a direction given under the Act may be liable to a penalty of up to $66,000 for an individual and $330,000 for a body corporate. Under section 529, a person who engages in an action that is prohibited or restricted by the Act may be liable to a penalty of up to $660,000 for an individual and $3.3 million for a body corporate. In addition, a court may order a person to take remedial action or compensate for any harm caused by the breach. It is important to note that these penalties are in addition to any other civil or criminal liability that may apply under other laws. The EPBC Act also provides for the extension of time for making decisions on referral approvals. Under section 130(4) of the Act, the Minister may extend the time for making a decision if certain conditions are met, such as if the proponent requests an extension and there are reasonable grounds for the extension. In the period from 24/01/2022 to 30/01/2022, the Minister extended the time for making decisions on four referrals, including Vitrinite Pty Ltd’s mining project near Moranbah, Queensland, and CleanCo Queensland Limited’s renewable energy project near Warwick, Queensland. The extensions were granted to allow for further consultation and consideration of the projects’ potential environmental impacts.