EPBC Act Part 7-9 decisions published, 24/11/2025 to 30/11/2025

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 protect Australia's environment, including its biodiversity, heritage sites, and natural resources, from the adverse effects of human activities. Enacted by the Parliament of Australia, the policy objective of the EPBC Act is to ensure that environmental considerations are integrated into decision-making processes and that sustainable development is achieved. The Act aims to protect and conserve Australia's unique flora, fauna, ecosystems, and cultural heritage by providing a regulatory framework that balances economic development with environmental protection. The Department of Climate Change, Energy, the Environment and Water is responsible for administering the EPBC Act and ensuring compliance with its provisions. This includes overseeing the approval process for activities that may impact the environment, monitoring and enforcing compliance, and facilitating public participation in environmental decision-making. The department also publishes decisions and notifications related to referrals for approval under the Act, ensuring transparency and accountability in the management of environmental impacts.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of activities that may impact matters of national environmental significance, including actions that affect listed threatened species and communities, listed migratory species, and Commonwealth marine areas. This legislation extends to all industries and entities within Australia, including private companies, state and federal government agencies, and individuals, wherever their actions may impact the specified environmental matters. The geographic reach of the Act is national, with its provisions applicable across all states and territories of Australia, including offshore Commonwealth waters. The Act includes specific exclusions and thresholds, such as certain activities being exempted from requiring approval if they are undertaken in a specified manner. Subordinate instruments can further extend or restrict the application of the Act by detailing additional criteria and specific conditions for approval. Recent decisions under the EPBC Act include both approvals and determinations of non-requirement for approval for various projects, such as renewable energy projects, agricultural upgrades, and residential developments, each assessed based on their potential environmental impact as per the Act's provisions.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) contains several sections that outline the requirements for actions that may impact matters of national environmental significance. Section 75 of the Act specifies the actions that require ministerial approval, while section 133 deals with the approval process itself, including the granting of approvals with or without conditions. Section 87 sets out the assessment approach to be used for each referral, which may include an Environmental Impact Statement, a Public Environment Report, or Preliminary Documentation. In the recent notifications, actions requiring approval were detailed in sections related to energy generation and supply, agriculture, forestry, and residential development, with specific references to listed threatened species, communities, and migratory species, as well as Commonwealth marine areas. Under the EPBC Act, parties or entities that propose actions affecting matters of national environmental significance must submit a referral to the Department of Climate Change, Energy, the Environment and Water for assessment. This includes providing detailed information about the proposed action and its potential impacts on the environment. For actions that require approval, the department assesses the referral and may approve the action with or without conditions, or determine that the action does not require approval. For instance, the Iberdrola Australia OW 2 Pty Limited referral for the Aurora Green Offshore Wind Project, which impacts Commonwealth marine areas, required an Environmental Impact Statement as part of the assessment process. The EPBC Act imposes various obligations and requirements on the parties or entities involved in actions that may impact matters of national environmental significance. These include providing detailed information about the proposed action and its potential impacts, complying with the assessment approach specified for the referral, and adhering to any conditions imposed by the minister as part of the approval process. For example, the approval of the Lamb Creek Iron Ore Project by Mineral Resources Limited came with specific conditions to mitigate the environmental impacts of the project. The EPBC Act also outlines offences and penalties for breaches of the Act, with maximum penalties for certain offences including fines of up to AUD 1.1 million for individuals and AUD 5.5 million for corporations, as well as imprisonment for up to five years. The Act also provides for civil and criminal penalties for non-compliance with conditions imposed as part of the approval process, with potential fines of up to AUD 66,000 per day for each breach. The department takes missed or late notifications seriously and has implemented systems and quality assurance procedures to minimise the risk of such occurrences, ensuring that all referrals are assessed and decisions are made in a timely and transparent manner.