EPBC Act Part 7-9 decisions published, 27/10/2025 to 02/11/2025

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. The EPBC Act establishes a framework for the assessment and approval of activities that may impact the environment, including listed threatened species, communities, and migratory species, as well as water resources in relation to coal seam gas development and large coal mining development. The Act aims to ensure that proposed activities are assessed in a rigorous and transparent manner, with decisions made on the basis of available scientific information. The policy objective of the Act is to safeguard the environment by preventing significant detrimental impacts from activities that may harm the environment, including those that affect species, ecosystems, and water resources. The EPBC Act is administered by the Department of Climate Change, Energy, the Environment and Water, which is responsible for implementing the provisions of the Act and ensuring that activities are assessed and approved in accordance with the law. The Department has implemented systems and quality assurance procedures to minimise the risk of missed notifications and to ensure that the public is informed of decisions relating to the assessment and approval of activities. The Department regrets any inconvenience caused by missed notifications and assures the public that such instances do not affect the processing of referrals or the decisions made under the Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of entities, industries, and actions within Australia, aimed at protecting and conserving the nation's environment, particularly species and ecological communities that are threatened or of national significance. The Act covers actions that may impact listed threatened species and communities, migratory species, water resources in relation to coal seam gas and large coal mining developments, and Commonwealth actions. The geographic reach of the Act is national, covering all states and territories, as well as Commonwealth lands. Certain actions are exempt from the need for approval under the EPBC Act, including those that are deemed to have minimal impact on protected matters, as determined by the Minister. The Act also allows for the extension or restriction of its application through subordinate instruments, such as regulations and codes of practice, which provide further detail on specific requirements and processes. The EPBC Act applies to a variety of entities, including companies, government bodies, and individuals, across diverse industries such as mining, agriculture, and energy generation. The Act specifically addresses actions that may affect listed threatened species and communities, migratory species, water resources related to coal seam gas and large coal mining developments, and Commonwealth actions. These actions may require approval under the EPBC Act, which involves an assessment of their potential environmental impact. The Act applies across the entire nation, encompassing all states and territories, as well as Commonwealth lands. Certain actions are exempt from the need for approval if they are determined to have minimal impact on protected matters, a decision made by the Minister. Additionally, the scope and application of the EPBC Act can be extended or restricted through subordinate instruments, such as regulations and codes of practice, which provide more detailed guidance on specific requirements and processes.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a comprehensive piece of legislation that governs environmental protection and biodiversity conservation in Australia. The most recent Gazette from the Department of Climate Change, Energy, the Environment and Water lists several projects that have been assessed for approval under sections 75 and 133 of the Act. Section 75 of the EPBC Act requires that certain actions be approved if they are likely to have a significant impact on matters of national environmental significance. This includes listed threatened species and communities (sections 18 and 18A), listed migratory species (sections 20 and 20A), and water resources in relation to coal seam gas development and large coal mining development (sections 24D and 24E). The Gazette specifies that certain projects, such as the Narrabri Solar Farm and the Pine Park Irrigation Development, require approval under section 75 of the EPBC Act. The EPBC Act imposes several obligations on the parties or entities it governs. These include the requirement to provide preliminary documentation or a Public Environment Report for assessment (sections 87 and 88), and to comply with any conditions of approval (section 143). The Act also requires that parties or entities consult with relevant stakeholders, including Indigenous communities and other government agencies, before undertaking an action that may have a significant environmental impact. Failure to comply with these obligations may result in civil or criminal penalties, including fines and imprisonment. The EPBC Act also provides for offences and penalties for breaches of the Act. Section 527 of the Act provides that any person who contravenes a provision of the Act is liable to a penalty of up to $1.1 million for a corporation and $220,000 for an individual. In addition, section 528A of the Act provides that any person who engages in an action that is likely to have a significant impact on a matter of national environmental significance is liable to a penalty of up to $6.6 million for a corporation and $1.3 million for an individual. These penalties are in addition to any other civil or criminal consequences that may apply under other laws. It is important for parties or entities to ensure that they comply with the requirements of the EPBC Act to avoid these penalties and consequences.