EPBC Act Part 7-9 decisions published, 26/01/2026 to 01/02/2026

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Commonwealth Parliament to address the need for a unified framework to protect and conserve Australia's environment, including its biodiversity, and to manage the impacts of activities that may significantly affect the environment. The Act aims to ensure that environmental considerations are integrated into decision-making processes, particularly concerning projects that may have substantial environmental implications. The Department of Climate Change, Energy, the Environment and Water, as the administering body, strives to implement the Act effectively by providing public notifications and ensuring compliance with the legislative requirements. Although there may be occasional missed notifications or delays, the department has established systems and quality assurance procedures to minimise such occurrences and to maintain transparency and public access to information regarding the processing of referrals for approval under the Act. The EPBC Act seeks to achieve a balance between environmental protection and economic development, ensuring that significant environmental impacts are properly assessed and managed. The department's commitment to notifying the public of any missed notifications, even if they occur outside the prescribed timeframes, reflects its dedication to upholding the objectives of the Act and maintaining public trust. These notifications, though sometimes delayed, do not interfere with the ongoing assessment and decision-making processes, thereby ensuring that the Act's primary goal of environmental conservation is upheld.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of entities and activities that have the potential to impact matters of national environmental significance, including industries, projects, actions, and certain transactions. The Act’s jurisdiction extends across Australia, providing a unified framework for the protection of the environment at both Commonwealth and state levels. It applies to individuals, corporations, and other legal entities proposing to undertake actions that may affect protected matters, such as listed threatened species and communities, listed migratory species, wetlands of international significance, and World Heritage properties. The scope of the Act is further extended through subordinate instruments, which detail specific requirements and conditions for different types of actions, ensuring comprehensive coverage of environmental protection. Although the Act aims to be inclusive, certain actions may be exempt or subject to thresholds determined by regulations, which can vary based on the nature and scale of the proposed action. It is important to note that while the Act generally applies broadly, specific exclusions and exemptions are outlined in the regulations and the Act itself, providing clarity on what is not subject to its provisions.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) includes specific sections that govern the approval process for actions that may impact the environment. Section 75 details actions determined not to require approval, as seen in the example of Esker Pty Ltd's residential development at 84 Marshall Mount Road, Avondale, which was decided on 28 January 2026. Section 133 outlines the approval process with conditions, exemplified by the approval of the Moranbah North Coal Mine and Grosvenor Mine rail and pipeline realignment by Anglo Coal (Moranbah North Management) Pty Limited on 28 January 2026. Section 130(4) allows for the extension of time for processing referrals, as demonstrated by the extension granted to Aboriginal Christian Church Teaching Centre of WA Inc. for the residential development of Lot 200 Skeet Road, Harrisdale, with the extension deadline set for 23 February 2026. The EPBC Act imposes several obligations on the parties involved. Firstly, entities such as Esker Pty Ltd and Anglo Coal must comply with the notification requirements and any conditions attached to their approvals. The Department of Climate Change, Energy, the Environment and Water is responsible for ensuring that notifications are issued in a timely manner, and they must implement quality assurance procedures to minimise any risk of missing these notifications. Furthermore, if a notification is missed, the department is obligated to notify the public of this oversight, even if the notification is late, to maintain transparency and integrity in the referral process. Failure to comply with the EPBC Act can lead to various consequences. While specific offences and penalties are not detailed in this extract, the Act generally provides for both civil and criminal penalties for non-compliance. Civil penalties can include fines, while criminal penalties may involve imprisonment, depending on the severity and intent of the breach. The maximum penalties can vary widely based on the specific provisions of the Act and the nature of the offence. The Act's provisions are designed to enforce environmental protection and biodiversity conservation, ensuring that actions which may impact the environment are appropriately regulated and monitored.