EPBC Act Part 7-9 decisions published, 27/06/2022 to 03/07/2022

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment, including matters of national environmental significance such as the World Heritage, Ramsar wetlands, and listed threatened species and ecological communities. The Act was introduced to address the need for a comprehensive national framework for the protection and management of the environment, and it represents a commitment by the Australian government to conserve and sustainably manage the nation's biodiversity and natural resources. The EPBC Act is administered by the Parliament of Australia and its policy objective is to protect and manage national and regional biodiversity, and ecological processes and heritage, by providing for the assessment and approval of actions that may have a significant impact on the environment.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of actions, entities, and industries across Australia, including mining, energy generation and supply, commercial development, water management and use, transport infrastructure, and residential development. It is administered by the Commonwealth and has jurisdiction over matters that impact on matters of national environmental significance, such as World Heritage properties, national heritage places, wetlands of international significance, listed threatened species and ecological communities, and listed migratory species. The Act also regulates activities that may impact on Commonwealth marine areas and actions that are taken by the Commonwealth. The Act applies to both individuals and corporate entities, and can extend to actions taken outside of Australia if they have a significant impact on a matter of national environmental significance. The Act provides for exemptions and thresholds, and its application can be extended or restricted through subordinate instruments. The Department of Climate Change, Energy, the Environment and Water has implemented systems and quality assurance procedures to ensure that notifications relating to the processing of referrals for approval under the EPBC Act are not missed or delayed.

Key Provisions

The Gazette C2022G01218 outlines several decisions made under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The Gazette details actions determined to require approval and those not requiring approval, as well as approvals granted with conditions and variations to existing approvals. Section 75 of the EPBC Act identifies actions requiring approval, while section 133 details the granting of approvals with conditions. Section 143 covers the variation of conditions of approval. Decisions not requiring approval are also noted, and section 130(4) addresses the extension of time for certain actions. Entities and parties governed by the EPBC Act must comply with the specific provisions of the Act. For actions requiring approval, this means engaging with the relevant processes to obtain approval from the Department of Climate Change, Energy, the Environment and Water. Approved actions must adhere to any conditions attached to the approval. Variations to existing approvals require further application and assessment to modify the terms of the original approval. For actions not requiring approval, parties must still ensure compliance with the EPBC Act to avoid retrospective action. The EPBC Act imposes various civil and criminal consequences for non-compliance. Offences under the Act can lead to significant penalties. For example, knowingly or recklessly providing false or misleading information can result in fines of up to $66,600 for individuals and up to $333,300 for corporations. Serious offences, such as causing harm to listed threatened species, can incur even higher penalties. Civil remedies, including injunctions and compensation orders, are also available to address breaches of the Act. The Gazette also notes that while the Department of Climate Change, Energy, the Environment and Water strives to meet notification timeframes, occasional missed notifications may occur. When such instances are identified, the Department aims to notify the public, even if the statutory timeframe has lapsed. These late notifications do not affect the processing of referrals or the validity of decisions made. The Department regrets any inconvenience caused by such delays but assures that they do not impact the integrity of the decision-making process.