EPBC Act — assess + approve controlled actions affecting MNES
Any action likely to significantly impact Matters of National Environmental Significance needs federal approval.
Who must comply
Proponents of major actions (mining, infrastructure, agriculture expansion).
What triggers it
Action likely to significantly impact MNES.
When due
Before commencement; ongoing approval condition compliance.
Evidence required
Referral, assessment report, approval decision, condition compliance reports.
Max penalty
Civil penalties up to $14M (corporations); criminal for serious offences
Summary
Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) requires referral + assessment of 'controlled actions' that may significantly impact MNES (World Heritage, RAMSAR wetlands, threatened species, migratory species, Commonwealth marine areas, water resources for coal/CSG, nuclear actions). Approval conditions binding.
Source legislation
Topics
Related obligations
- CWLTHNotify + remediate contaminated land (state)State EPA regimes require notification + remediation of contaminated land.
- CWLTHStockholm + Rotterdam Convention chemicals (POPs ban)Persistent organic pollutants (PCBs, PFAS, etc.) banned / restricted under federal Acts.
- CWLTHComply with MARPOL — Protection of the Sea (Prevention of Pollution from Ships) Act 1983Ship operators must comply with MARPOL Convention implementation.
- CWLTHMaintain mining rehabilitation bonds + closure plansState mining regimes require financial assurance bonds for site rehabilitation.
- CWLTHRegister + categorise industrial chemicals (Industrial Chemicals Act 2019)Importers + manufacturers of industrial chemicals must register with AICIS + categorise introductions.
- CWLTHComply with Water Act 2007 (Cwlth) + state water entitlementsFederal Water Act + state water Acts govern water entitlement + use.
Frequently asked questions
- Who must comply with EPBC Act — assess + approve controlled actions affecting MNES?
- Proponents of major actions (mining, infrastructure, agriculture expansion).
- What triggers EPBC Act — assess + approve controlled actions affecting MNES?
- Action likely to significantly impact MNES.
- When is EPBC Act — assess + approve controlled actions affecting MNES due?
- Before commencement; ongoing approval condition compliance.
- What is the maximum penalty for EPBC Act — assess + approve controlled actions affecting MNES?
- Civil penalties up to $14M (corporations); criminal for serious offences
- What evidence is required for EPBC Act — assess + approve controlled actions affecting MNES?
- Referral, assessment report, approval decision, condition compliance reports.
Source: https://www.dcceew.gov.au/environment/epbc. Rules Mate is not a law firm. Always verify against the live regulator source before acting.