EPBC Act Part 7-9 decisions published, 25/11/2024 to 01/12/2024

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 with respect to matters of national environmental significance, including the conservation of biodiversity and the protection of listed threatened species and communities, listed migratory species, and listed marine species. The Act addresses the problem of the protection of the environment and biodiversity by establishing a framework for the assessment and approval of certain activities that may impact on matters of national environmental significance. The policy objective of the EPBC Act is to ensure that the environment, particularly biodiversity, is protected and managed in a sustainable manner. The Department of Climate Change, Energy, the Environment and Water is responsible for administering the Act and ensuring compliance with its provisions.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of entities and activities that may impact on matters of national environmental significance, including listed threatened species, communities, and migratory species, as well as World Heritage properties, wetlands of international significance, and the Great Barrier Reef. The Act primarily governs projects and activities that require approval under the EPBC Act, including those that may adversely affect listed threatened species and communities, or migratory species. The geographic reach of the Act is national, applying across Australia, including all states, territories, and Commonwealth waters. The Act extends its application through subordinate instruments such as regulations and codes of practice, which provide further detail on specific requirements and procedures. The Act does not apply to actions already regulated under other Commonwealth, state, or territory environmental laws, nor does it apply to activities on Indigenous lands where the relevant Indigenous organisation has determined that the activity is not a controlled action under the EPBC Act. The Act also provides for exemptions and thresholds in certain circumstances, such as for minor actions that are unlikely to have a significant impact on matters of national environmental significance.

Key Provisions

The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) that are relevant to the recent decisions published by the Department of Climate Change, Energy, the Environment and Water include sections 75, 87, and 143. Section 75 requires that certain actions be approved before they can proceed, and this is evident in the listed projects such as the Rosedale Hydrogen Facility, Wattle Creek Energy Hub Solar Farm, and the Abercrombie Wind Farm. Section 87 outlines the assessment approach for these projects, with the Eagleton Quarry Project being one of the examples where preliminary documentation was submitted. Section 143 allows for the variation of conditions of approval for certain projects, as seen in the updates for the Moolarben Coal Mine Project and the Caloundra South Master Planned Community. The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, entities must ensure that any actions that may impact listed threatened species or communities are assessed and approved under section 18 and 18A. This requirement is reflected in the listed projects such as the Rosedale Hydrogen Facility, Wattle Creek Energy Hub Solar Farm, and the Eagleton Quarry Project. Secondly, the Act mandates that actions impacting listed migratory species must also be assessed and approved under sections 20 and 20A, as seen in the Abercrombie Wind Farm project. Thirdly, entities must adhere to the assessment approach outlined in section 87, ensuring that preliminary documentation is submitted for projects like the Eagleton Quarry Project. Finally, entities must comply with any variations to the conditions of approval under section 143, as evidenced by the updates for the Moolarben Coal Mine Project and the Caloundra South Master Planned Community. The EPBC Act also outlines specific offences, penalties, and consequences for breaches of its provisions. While the Gazette does not specify the exact penalties for each project, breaches of the Act can lead to both civil and criminal consequences. Civil penalties can include fines up to $66,600 for individuals and up to $333,300 for corporations for each offence. Criminal penalties can include fines up to $1.1 million for individuals and up to $5.5 million for corporations, as well as imprisonment for up to five years for individuals. These penalties underscore the importance of compliance with the Act's requirements to avoid severe repercussions.