Notice of Exemption from a Provision of Part 3 (EPBC Act Section 158(7))

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, and to facilitate ecologically sustainable development. The Act addresses the problem of actions that may harm the environment, particularly through its provisions aimed at regulating activities that could impact on environmental matters of national significance. This Act was introduced by the Commonwealth Parliament with the policy objective of protecting and conserving Australia's biodiversity and environment, while also promoting sustainable development. Under the authority of section 158 of the EPBC Act, the Minister for the Environment, Sussan Ley, issued a notice exempting the State of South Australia and its agencies from specific provisions of Part 3 of the EPBC Act in response to the urgent need for firefighting, fire prevention, and fire recovery activities during the 2019/2020 bushfire season. This exemption was made in the national interest to ensure that critical activities could proceed without the constraints of the EPBC Act, facilitating a swift and effective response to the bushfires.

Scope and Application

The Exemption Notice issued by the Minister for the Environment under section 158 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) provides an exemption from most provisions of Part 3 of the EPBC Act for the State of South Australia, its agencies, and those acting on their behalf. This exemption specifically applies to activities related to firefighting, fire prevention, and fire recovery in response to bushfires during the 2019/2020 bushfire season in South Australia. It aims to facilitate emergency actions and urgent preventative measures without the usual regulatory constraints imposed by the EPBC Act, thereby allowing for a more streamlined response to bushfires. The exemption does not apply to certain sections of Part 3, such as sections 21, 22A, 24B, 24C, 24D, 24E, 27B, and 27C, which remain in effect. This notice is effective from the date of issuance and is intended to support the national interest by enabling an efficient response to the bushfire crisis.

Key Provisions

The key operative sections of this notice, as detailed in the Gazette, pertain to the exemption of certain activities from Part 3 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) in the context of bushfires in South Australia during the 2019/2020 season. Section 158(7) of the EPBC Act allows the Minister for the Environment to issue this exemption, as stated in the notice issued by Minister Sussan Ley on 14 January 2020. The exemption applies to all provisions of Part 3 of the EPBC Act, except for sections 21, 22A, 24B, 24C, 24D, 24E, 27B, and 27C. This means that activities such as firefighting, fire prevention, and fire recovery are exempt from the usual environmental impact assessment processes, provided they are related to the 2019/2020 bushfire season in South Australia. The obligations and requirements imposed by this Act on the parties involved are primarily related to ensuring that the exempted activities are carried out in a manner that is consistent with the objectives of the EPBC Act. This includes taking reasonable steps to mitigate any environmental impacts that may result from these activities. The notice specifies that the exempted activities must be focused on protecting life, property, and matters of national environmental significance from bushfires. Additionally, the notice clarifies that the exemption applies to the State of South Australia, its agencies, and any entities acting on their behalf. Under this notice, there are specific offences and potential consequences for non-compliance with the terms of the exemption. While the notice itself does not detail specific penalties for breaches, it is important to note that any activities that do not fall within the exempted scope or that are conducted in a manner that significantly deviates from the objectives of the EPBC Act could potentially result in legal action. The maximum penalties for breaches of the EPBC Act can vary, but they may include substantial fines and, in some cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any relevant state or federal laws that might also apply.