What is EPBC Act approval?
EPBC Act approval is Commonwealth environmental approval required under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) for any "action" likely to have a significant impact on a "matter of national environmental significance" (MNES). MNES include Ramsar wetlands, World Heritage properties, listed threatened species, migratory species, the Great Barrier Reef Marine Park, and nuclear actions. The process involves referral, assessment, and approval decision, typically taking 9-18 months.
The nine matters of national environmental significance
Under the Environment Protection and Biodiversity Conservation Act 1999 (Cth): world heritage properties (s 12); national heritage places (s 15B); Ramsar wetlands (s 16); listed threatened species and communities (s 18); listed migratory species (s 20); nuclear actions (s 21); Commonwealth marine areas (s 23); Great Barrier Reef Marine Park (s 24B); water resources in relation to large coal mining/CSG (s 24D).
The referral and assessment process
A proponent refers the action under section 68. The Minister decides within 20 business days whether it is a "controlled action" — needing approval — under section 75. If controlled, an assessment approach is chosen (from referral documentation, preliminary documentation, EIS, PER, public environment report, or accredited assessment). Assessment usually takes 6-12 months. The Minister then makes the approval decision under section 133.
Approval conditions and offsets
Approvals routinely come with conditions — monitoring, offset requirements, management plans. Offsets for threatened species impacts use the "like for like or better" principle under the EPBC Offsets Policy. Offset land is typically secured by conservation covenant or acquisition and managed under long-term management plans.
How I support EPBC work
I help environmental lawyers with EPBC referral drafting, condition compliance tracking, and assessment response preparation. EPBC work is document-heavy and timeline-critical — I provide structure and consistency across large projects.
Common issues
- Failure to refer when required is a strict liability offence under section 15B
- Changes to approved projects usually require variation under section 143
- EPBC Act reforms are in progress — check current status of any Nature Positive reforms
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