EPBC Act Part 7-9 decisions published, 24/02/2025 to 02/03/2025

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, by regulating activities that may have a significant impact on the environment. This legislation was introduced to address the need for a comprehensive framework to manage and mitigate the environmental impacts of various activities across Australia. The Act is administered by the Parliament of Australia and its primary policy objective is to ensure that the environment, including listed threatened species, communities, and migratory species, is adequately protected from activities that could cause significant harm. Recent actions under the EPBC Act have involved decisions on whether certain projects require approval, such as residential developments, land clearing for farming, and expansion projects in mining and renewable energy sectors, all of which are assessed to determine their potential impact on the environment. The Department of Climate Change, Energy, the Environment and Water is responsible for ensuring that notifications of these decisions are timely and accurate, although it acknowledges that occasional delays may occur and commits to notifying the public of any missed notifications to maintain transparency.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of entities and activities across Australia, including both Commonwealth and state areas. It primarily targets actions that have or are likely to have a significant impact on matters of national environmental significance, such as listed threatened species and communities, listed migratory species, world heritage properties, and other specified environmental aspects. The Act applies to a variety of industries and activities, including mining, residential development, agriculture, forestry, and renewable and non-renewable energy generation. The geographic scope of the Act is national, covering both terrestrial and marine environments, with specific provisions to protect Commonwealth marine areas. Certain actions may be exempt from the Act if they meet particular criteria, such as being undertaken in a manner specified in subordinate instruments, or if they are below certain thresholds that deem them not to be controlled actions. The Act also allows for the extension of time for decision-making processes and the variation of conditions of approval for certain projects. Public notifications and decisions regarding the processing of referrals for approval under the Act are published, although there may be occasional delays or omissions in these notifications, which are addressed through the Department’s quality assurance procedures.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the assessment and approval of certain actions that may impact on matters of national environmental significance, such as listed threatened species, communities, and migratory species. Sections 75, 133, and 143 of the Act pertain to the approval process, including the ability to approve actions with conditions and to vary those conditions (sections 75 and 143). The Act also provides for notices to be given to the public in cases where an action requires approval (section 87). In addition, the Act allows for the lapse of proposals where certain conditions are not met (section 155). Entities and individuals must comply with the Act by submitting the necessary documentation and adhering to any conditions set for the approval of their actions. The Act requires that certain actions be assessed to determine whether they will have a significant impact on matters of national environmental significance (section 18, 18A, 20, and 20A). The assessment process may involve the submission of preliminary documentation (section 87). Additionally, the Act requires that notices be given to the public in cases where an action requires approval (section 87). Breaches of the Act may result in civil or criminal penalties, depending on the severity of the breach. For example, failure to comply with the Act's requirements may result in fines of up to AUD 66,600 for individuals and AUD 333,000 for corporations (section 515). Additionally, intentional or reckless breaches of the Act may result in imprisonment for up to five years (section 516). The Act also provides for the imposition of conditions on the approval of actions, which may include requirements to mitigate any significant impacts on matters of national environmental significance (section 133). Failure to comply with these conditions may result in the revocation of approval and further penalties.