EPBC Act Part 7-9 decisions published, 28/07/2025 to 3/08/2025

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to address the need for a comprehensive framework for the protection of the environment, particularly in relation to biodiversity conservation and the management of activities that may have significant environmental impacts. The Act aims to provide a coordinated national approach to environmental protection, taking into account both Commonwealth and state responsibilities. The EPBC Act seeks to ensure that proposed actions that may have a significant impact on matters of national environmental significance are properly assessed and managed. This includes protecting listed threatened species, ecological communities, and migratory species, as well as managing impacts on World Heritage properties, Ramsar wetlands, and other areas of environmental significance. The Act establishes a system for assessing and approving actions that may impact the environment, requiring proponents to submit detailed information and undergo rigorous evaluation by the relevant authorities. The Department of Climate Change, Energy, the Environment and Water is responsible for administering the EPBC Act and ensuring compliance with its provisions. The Department has implemented systems and quality assurance procedures to minimise the risk of missing notifications regarding the processing of referrals for approval under the Act. While the Department strives to meet notification timeframes, it acknowledges that occasional missed notifications may occur. In such cases, the Department commits to notifying the public of these missed notifications, even if the notification timeframe has lapsed. This practice ensures transparency and maintains the public's access to information about the history of notifications for each referral. Importantly, any missed notifications do not affect the subsequent processing of referrals or the decisions made under the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of entities and actions that may have a significant impact on matters of national environmental significance, such as listed threatened species and communities, Ramsar wetlands, and listed migratory species. The Act primarily applies to Commonwealth authorities and actions that require approval under the Act, although it can also apply to state and territory actions if they are deemed to have a significant impact on the matters of national environmental significance. The geographic reach of the Act is national, with actions occurring within Australia or its external territories. The Act's application is not restricted to specific industries but can encompass various sectors, including energy generation and supply, water management, mining, and transport. The Act can extend its application through subordinate instruments, such as regulations and guidelines, which provide further detail on specific matters. However, certain actions may be exempt from the Act’s approval requirements if they are considered to have a minor or negligible impact on the matters of national environmental significance, as determined by the Minister. The Department of Climate Change, Energy, the Environment and Water is responsible for ensuring that notifications regarding referrals for approval under the Act are processed and communicated within the required timeframes, with systems in place to address any missed notifications to maintain transparency and public access to information.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a key piece of Australian legislation that governs actions that may impact on matters of national environmental significance. The Act includes provisions for the approval of certain actions that may have such an impact (sections 75 and 78C), and sets out the process for assessing and approving or disapproving these actions. According to the gazetted decisions from 28/07/2025 to 3/08/2025, several projects have been determined to require approval under the EPBC Act. For example, Regional Power Corporation's proposed Derby Future Energy System in Western Australia, and Port of Hastings Corporation's proposed 2025 Victorian Renewable Energy Terminal in Victoria. These projects involve energy generation and supply, and their potential impact on listed threatened species and communities, Ramsar wetlands, and listed migratory species are among the environmental considerations assessed. The EPBC Act imposes specific obligations on parties or entities that undertake actions requiring approval. For instance, these entities must submit detailed documentation about the proposed action, including its potential environmental impacts and proposed mitigation measures. The Act also requires that public notifications be made available, ensuring transparency and community involvement in the decision-making process. Additionally, entities must comply with any conditions imposed by the Minister as part of the approval process. The approvals, such as the one given to National Intermodal Corporation Limited for the Beveridge Intermodal Precinct in Victoria, are subject to specific conditions that the entity must adhere to. Failure to comply with the requirements of the EPBC Act can lead to significant civil and criminal consequences. The Act provides for various offences, including unauthorised actions that impact matters of national environmental significance, which can result in substantial fines and even imprisonment. For example, if an entity proceeds with a controlled action without the required approval, they could face penalties that include fines of up to AUD 5.5 million for a corporation and AUD 1.1 million for an individual, along with potential imprisonment terms. These penalties reflect the serious nature of non-compliance and the importance of adhering to the environmental protections mandated by the Act.