What are the Differences Between the EP(IP) Act and the EPBC Act?
Under the Environmental Protection and Biodiversity Conservation Act 1999 (Cwlth) (EPBC Act), the responsibility for referral lies with the proponent, whereas previously under the Environnental Protection (IP) Act the Joint Authority was responsible for the designation of a proponent for assessment by the Commonwealth Department of the Environment, Water, Heritage and the Arts (DEWHA). The Commonwealth Minister for the Environment can now also set conditions of approval directly on a proposal. The EPBC Act also sets statutory timeframes for determining whether a referred proposal is an action requiring further assessment, on the setting of a level of assessment, on DEWHA preparing an assessment to report to the Commonwealth Environment Minister and on determining approval and the setting of conditions. Additionally, the information required by DEWHA to determine whether a referred proposal triggers the EPBC Act differs from information previously submitted under the EP(IP) Act. Guideli
