EPBC Act Part 7-9 decisions published, 25/07/2022 to 31/07/2022

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to address the need for a comprehensive approach to environmental protection and biodiversity conservation, particularly in relation to activities that may have significant impacts on matters of national environmental significance. The EPBC Act provides a framework for the assessment and approval of actions that may affect the environment, including actions that impact on World Heritage properties, National Heritage places, listed threatened species and ecological communities, listed migratory species, and Commonwealth marine areas. The policy objective of the Act is to protect and conserve Australia’s environment, including its biodiversity, by providing for the assessment and approval of actions that may have significant environmental impacts. The Department of Climate Change, Energy, the Environment and Water is responsible for administering the EPBC Act and ensuring that the legislative requirements are met. The Department has implemented systems and quality assurance procedures to minimise the risk of missed notifications within the required timeframes. However, the Department acknowledges that some public notifications may occasionally be missed in processing or may not meet the notification timeframes. In such cases, the Department will notify the public even if the timeframe for notification has lapsed, to ensure that the history of notifications for each referral is available to the public. The Department regrets any inconvenience that may be caused by a missed notification and assures that it does not affect subsequent processing of referrals or assessments and decisions made under the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to actions that may have a significant impact on matters of national environmental significance, including World Heritage properties, national heritage places, listed threatened species and ecological communities, and listed migratory species. This federal legislation has jurisdiction over actions occurring within Australia and its territorial sea, providing a comprehensive regulatory framework for environmental protection across the nation. The EPBC Act applies to a wide range of entities, including individuals, corporations, and government bodies, when their actions trigger the need for assessment under the Act. The Act also extends its reach through subordinate instruments such as regulations and codes of practice, which may provide additional details on specific actions requiring approval or exempting certain actions from the need for assessment. While the EPBC Act generally applies to all qualifying actions, there are certain exclusions and exemptions, such as activities on Indigenous lands where Indigenous land use agreements are in effect, or actions that are covered by other environmental management systems deemed equivalent by the federal government.

Key Provisions

The key provisions of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) as outlined in the document pertain to the approval and assessment processes for certain projects and actions. Sections 75 and 133 of the Act are particularly relevant, detailing the approval of actions requiring assessment (Section 75) and the granting of approval with or without conditions (Section 133). Furthermore, Section 87 of the Act specifies the assessment approach to be undertaken for particular projects. In this instance, the actions determined as requiring approval include projects related to renewable energy generation and supply, as well as infrastructure developments, subject to environmental considerations and the potential impact on listed threatened species and communities (Sections 12, 15A, 18, and 18A). The Act imposes several obligations on the parties involved in these projects. Firstly, proponents of actions that require approval must submit a referral to the Department of Climate Change, Energy, the Environment and Water for assessment. This submission must include relevant environmental impact information and an assessment of potential impacts on World Heritage, National Heritage, and listed threatened species and communities. Additionally, proponents must adhere to any conditions imposed by the Department during the approval process, ensuring that their projects comply with the Act’s environmental protection requirements. For instance, the Murchison Hydrogen Renewables Project, the Dixons Long Point Crossing road upgrade project, and the Remaining North West Transmission Developments for electricity network all fall under these obligations. Failure to comply with the obligations and requirements of the EPBC Act may result in significant consequences. Section 75 of the Act provides that actions determined as requiring approval must not proceed without the Minister’s approval. Additionally, the Act includes provisions for the variation of conditions of approval (Section 143), indicating that non-compliance with approved conditions may lead to further regulatory action. While the document does not specify exact penalties for breaches, it is known that the Act can impose substantial fines and other enforcement measures. The Department of Climate Change, Energy, the Environment and Water is committed to ensuring that any missed notifications are communicated to the public, even if they occur outside the stipulated timeframes, thereby maintaining transparency and accountability in the approval process.