EPBC Act Part 7-9 decisions published, 25/08/2025 to 31/08/2025

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Commonwealth Parliament to provide for the protection of the environment, particularly matters of national environmental significance, and to regulate actions that may impact these areas. This Act was introduced to address the need for a unified national framework to protect Australia's biodiversity and manage environmental impacts arising from proposed actions. The policy objective of the EPBC Act is to ensure that the Commonwealth's environmental responsibilities are effectively managed and that actions with significant environmental consequences are subject to rigorous assessment and, where necessary, approval. The EPBC Act aims to safeguard Australia's natural and cultural heritage while supporting sustainable development.

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, as defined by the Act. This includes World Heritage properties, National Heritage places, listed threatened species and communities, listed migratory species, and wetlands of international importance. The Act applies to individuals, companies, and other entities undertaking activities that may affect these environmental matters, whether within Australia or overseas if the action impacts on matters of national environmental significance within Australia. The Act has a national reach, applying to actions across all states and territories of Australia. The Act may also extend to actions outside Australia if they are proposed actions by an Australian citizen or corporation, or actions outside Australia that impact on matters of national environmental significance within Australia. The Act provides for the approval, assessment, and monitoring of actions that may significantly impact the environment, with the Minister for the Environment having the authority to approve actions, issue conditions, or direct further assessment or monitoring. The Act also includes provisions for the variation or cancellation of approvals, and for reconsideration of decisions. While the Act generally applies to all actions that may significantly impact matters of national environmental significance, certain exclusions and exemptions apply, such as actions exempted by regulations or authorised by the Minister. Additionally, the Act includes thresholds for certain types of actions, above which the Act applies. The application and scope of the EPBC Act may be extended or restricted through subordinate instruments, such as regulations or guidelines, issued by the Minister.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and biodiversity in Australia. Sections 75 and 133 of the Act detail the processes for determining whether a proposed action requires approval and the approval of such actions, respectively. For instance, section 75 requires a determination as to whether a proposed action is a controlled action, which may necessitate approval under the Act (EPBC Act s.75). If an action is deemed to require approval, section 133 outlines the approval process, including the conditions under which approval may be granted (EPBC Act s.133). The Act also includes provisions for the reconsideration of decisions under section 75(1) and the variation of conditions of approval under section 143. The EPBC Act imposes several obligations on parties and entities it governs. These include the duty to notify the Department of Climate Change, Energy, the Environment and Water of proposed actions that may impact matters of national environmental significance, such as World Heritage properties, national heritage places, listed threatened species, and wetlands of international importance (EPBC Act s.12, 15A, 18, 18A, 20, 20A, 16, 17B). Parties must also ensure that their proposed actions comply with the conditions of any approval granted under the Act. Furthermore, the Act requires the Department to provide public notifications regarding the processing of referrals for approval, ensuring transparency and public participation in environmental decision-making (EPBC Act s.87). Failure to comply with the requirements of the EPBC Act can result in various civil and criminal consequences. The Act does not explicitly state maximum penalties for breaches, but non-compliance can lead to legal action, fines, and other enforcement measures. For instance, unauthorised actions that impact matters of national environmental significance can result in civil penalties, including fines up to $666,000 for individuals and $3.33 million for corporations, as well as criminal penalties, including imprisonment. Additionally, the Act provides for the recovery of costs incurred by the Department in assessing and enforcing compliance with the Act. In summary, the EPBC Act sets out a framework for the protection of Australia's environment and biodiversity, requiring parties to notify and seek approval for proposed actions that may impact matters of national environmental significance. The Act imposes obligations on parties to comply with the conditions of approval and to provide public notifications regarding the processing of referrals. Non-compliance with the Act can result in civil and criminal penalties, including fines and imprisonment.