Notice of Extension of Time

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Commonwealth Parliament to address the protection of the environment, particularly the preservation of biodiversity and the management of activities that may have a significant impact on the environment. The Act serves as a crucial regulatory framework for the conservation and protection of the environment across Australia, ensuring that various activities are assessed for their potential environmental impacts. The policy objective of the Act is to safeguard Australia's unique biodiversity and environment through stringent assessment and approval processes for actions that could significantly affect the environment. The Act is administered by the Department of Agriculture, Water and the Environment, which ensures compliance and monitors the implementation of the legislative provisions. The Act includes mechanisms for the extension of time for processing referrals, as demonstrated in the recent Gazette notice concerning the Jellinbah Coal Mine-Central North Extension in Queensland. The Department has acknowledged that despite the implementation of quality assurance procedures to minimise missed notifications, occasional lapses may still occur. However, any missed notifications are to be communicated to the public once identified, ensuring transparency and accountability in the referral process. This practice underscores the Department’s commitment to maintaining the integrity of the referral history, despite the impact on notification timelines.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to activities that may have a significant impact on matters of national environmental significance, including matters relating to the environment, biodiversity, and world heritage. The Act applies to persons and entities conducting actions that are listed as triggering actions under the EPBC Act, including actions that require approval or notification to the Department of Agriculture, Water and the Environment. The Act has a national reach, applying to actions that may have a significant impact on matters of national environmental significance anywhere in Australia, including state and territory waters and land. There are several exclusions and exemptions from the Act, including actions that are covered by other Commonwealth or state legislation, actions that are not likely to have a significant impact on matters of national environmental significance, and actions that are exempt under a bilateral or multilateral agreement. The Act may also be extended or restricted through subordinate instruments, such as regulations or codes of practice. The Department of Agriculture, Water and the Environment implements quality assurance procedures to ensure that public notifications relating to the processing of referrals for approval under the EPBC Act are timely and accurate, and takes steps to notify the public of any missed notifications even if the timeframe for notification has lapsed.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and biodiversity in Australia, and includes various provisions for the approval of activities that may impact the environment. Section 130(4) of the Act specifically pertains to the extension of time for the referral process, as seen in the notice for the Jellinbah Group Pty Ltd's mining project in Queensland (Notice No. 2018/8139). This section allows for an extension of the time for making a decision on a referral if the responsible minister believes it necessary, which in this case was extended to 17/04/2020. Entities such as the Jellinbah Group Pty Ltd are required to submit detailed referrals to the Department of Agriculture, Water and the Environment, including comprehensive information about the proposed activity and its potential environmental impacts. The Department is obligated to assess these referrals and provide public notifications about the referral process, ensuring transparency and public participation in environmental decision-making. This process involves rigorous review and quality assurance to ensure that all notifications are made in a timely and accurate manner, even if initial deadlines are missed. Failure to comply with the obligations under the EPBC Act can result in significant consequences. For instance, non-compliance with notification requirements may lead to legal actions, fines, or other penalties as stipulated by the Act. While specific penalties are not detailed in the notice, the Act generally provides for enforcement actions that can include both civil and criminal penalties, depending on the severity and intent of the breach. The Department of Agriculture, Water and the Environment takes any missed notifications seriously and aims to rectify such issues by issuing notifications even after the prescribed timeframe has elapsed, to maintain the integrity of the referral process.