Skip to main content Skip to main navigation Skip to search

Queensland and NSW floods 2022

Visit recovery.gov.au to see what help is available.

Close
Home

Top navigation main

  • News & media
  • Jobs
  • Ministers
  • Contact us
Main menu

AWE Main

  • Climate change
    Climate change Driving climate action, science and innovation so we are ready for the future.
    • Climate science and adaptation
    • Australia's climate change strategies
    • Emissions reduction
    • Emissions reporting
    • International commitments
    • Climate Active
    • Climate change publications and data
    • Australia’s National Greenhouse Accounts (Emissions Data)
    Stronger action on climate change

    Stronger action on climate change

    See how the Australian Government is committed to taking more ambitious action on climate change.

    Find out more

  • Energy
    Energy Building a secure and sustainable energy system for all Australians.
    • Energy policy in Australia
    • Energy ministers
    • Renewable energy
    • Energy publications
    • energy.gov.au
    • Energy Rating
    • Commercial Building Disclosure Program
    • Nationwide House Energy Rating Scheme (NatHERS)
    • Your Home
    Decorative image

    Australian Energy Employment Report survey

    Share insights to help the energy workforce plan for the future

    Find out more

  • Environment
    Environment Improving stewardship and sustainable management of Australia’s environment.
    • Bushfire recovery
    • Climate change and the environment
    • Biodiversity
    • EPBC Act
    • Environmental information and data
    • International activities
    • Invasive species
    • Land
    • Marine
    • Partnerships
    • Protection
    • Report a breach of environment law
    • Threatened species & ecological communities
    • Waste and recycling
    • Wildlife trade
    Decorative image

    Read our Nature Positive Plan

    Our plan sets out the Australian Government’s commitment to environmental law reform

    Find out more

  • Water
    Water Improving the sustainable management of Australia’s water supply for industry, the environment and communities.
    • Coal, Coal seam gas (CSG) and water
    • Commonwealth Environmental Water Office
    • Water policy and resources
    • Wetlands
    Water matters

    Water Matters

    Keep up with the latest news on the department's work in managing Australia's water resources.

    Read the latest edition here

  • Parks and heritage
    Parks and heritage Managing Australia’s iconic national parks, historic places and living landscapes.
    • Australian Marine Parks
    • Australian National Botanic Gardens
    • Booderee National Park
    • Kakadu National Park
    • Christmas Island National Park
    • National parks
    • Norfolk Island National Park
    • Heritage
    • Pulu Keeling National Park
    • The Great Barrier Reef
    • Uluṟu-Kata Tjuṯa National Park
    The reef

    Great Barrier Reef

    Australia is protecting and conserving this World Heritage Area.

    Find out more

  • Science and research
    Science and research Undertaking research and collecting data to support informed decisions and policies.
    • Climate change
    • Australia's biological resources
    • National Environmental Science Program (NESP)
    • Our science strategy
    • Australian Biological Resource Study (ABRS)
    • State of the Environment (SoE) reporting
    • Bird and bat banding
    • Supervising Scientist
    Our climate is changing

    Our climate is changing

    Find out more about how climate science helps Australians with the impacts of climate change.

    Find out more

  • About us
    About us We lead Australia’s response to climate change and sustainable energy use, and protect our environment, heritage and water.
    • Accountability and reporting
    • Assistance, grants and tenders
    • Fees and charges
    • News and media
    • Our commitment to you
    • People and jobs
    • Publications
    • What we do
    • Who we are
    Decorative image

    Juukan Gorge response

    Read the Australian Government's response to the destruction at Juukan Gorge and the recommendations

    Read the response

  • Online services
    Online services We do business with you using online platforms. This makes it easier for you to meet your legal requirements.
Department of Climate Change, Energy, Enviroment and Water

Breadcrumb

  1. Home
  2. Environment
  3. Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)
  4. Advice for applicants and approval holders
  5. Approval notices, conditions and making changes after approval

Sidebar first - EN - EPBC

  • Advice for applicants and approval holders
    • Self assessment
    • Pre-referral meeting
    • Referral applications and proposals
    • Decisions on referred actions
    • Actions without approval
    • Community consultation
    • Surveys and data
    • Bushfires and other natural disasters
    • Action management plans
    • Renewable energy projects
    • Fees, exemptions and waivers
    • Decisions on assessment method
    • Approval notices, conditions and making changes after approval

Approval notices, conditions and making changes after approval

Your project has an approval under the EPBC Act because it could impact protected matters.

We publish decisions about your project on our EPBC Act Public Portal, where the public can view them.

After the Environment minister approves your project, we publish a notice called a 'decision on approval of action' there. You must comply with everything in the notice.

Getting an approval notice

The approval notice will include:

  • the approved action (project)
  • the end date of your approval period
  • the person who approved your project
  • the conditions you must meet.

Conditions on approvals

If you have conditions on your approval, they'll be listed in your approval notice.

The minister may attach a condition if they decide it:

  • is necessary to protect a relevant protected matter
  • will avoid, mitigate or offset damage to an affected protected matter.

If the minister decides to add conditions, their decision could be:

  • to add a single condition to comply with state or territory conditions
  • to add custom conditions that increase protection beyond any state or territory conditions, plus standard administrative conditions.

If you breach any approval conditions, you may face civil or criminal penalties. If you have any questions about complying with your approval conditions, either:

  • read our Referrals and assessments guide for details
  • email the Compliance team on epbcmonitoring@dcceew.gov.au.

Administrative conditions could include:

  • notifying us when your project starts and ends
  • keeping compliance records
  • providing annual compliance reports
  • arranging independent audits.

Read more about condition decisions in the EPBC Act Condition Setting Policy.

You may have to meet some conditions before you commence your action, such as:

  • obtaining approval for one or more action management plans
  • securing an environmental offset.

Decisions and changes after approval

After getting an approval notice, you can apply to:

  • have a management plan approved
  • vary the conditions of approval
  • revise a management plan
  • transfer your approval to someone else
  • extend the approval period.

You must make these requests to postapproval@dcceew.gov.au.

Varying conditions

You can ask us to vary the conditions on your approved controlled action. This might happen if your project or situation changes.

You can't vary a condition if the minister determined that your project was 'not a controlled action – particular manner (NCA-PM)'.

If you wish to make a change to your action such that it's no longer consistent with the project you originally referred, you may need to lodge a new referral.

To discuss your proposed changes and determine whether you'll need a new referral, contact the relevant assessment area through the EPBC Act Business Portal.

If the minister determined that your project was a controlled action, they can revoke, vary or add conditions to your approval if:

  • your action has, or will have, a significant impact that wasn't clear during assessment, and changing it will protect a matter
  • your action has, or will have, a bigger impact than you realised during assessment, and changing it will protect a matter
  • the change will protect a matter, or repair or mitigate damage to it, and either:
    • you agree to the change, or
    • the minister extends the approval period.

To request a change (variation) to conditions, email postapproval@dcceew.gov.au with:

  • details of the change you're seeking (we can agree on condition wording later)
  • your reasons for proposing the change
  • how the proposed change will alter your project's impacts, mitigation or offsets.

The minister will give you their decision in writing, and we'll publish it on EPBC Act Public Portal.

Revising a management plan

If your conditions require you to implement an action management plan, you can apply for the minister to approve a revised version of the plan. To apply, write to us with:

  • your contact details
  • the EPBC number
  • the revised plan, with all changes tracked
  • an explanation of the differences between the approved and proposed plans
  • the reasons you think you need to revise the plan
  • any changes to impacts on protected matters that could happen if the minister approves the revised plan.

In some cases, a condition may allow you to implement a revised plan without requiring the minister to approve it. If you're making a change, you'll first need to decide whether it could impact a protected matter. To help with that decision, follow our advice on new or increased impacts.

Either way, before you act other than according to an approved plan, you must either:

  • have approval to do so
  • follow the process outlined here.

Different fees can apply to revisions, depending on whether they're administrative or not.

Transferring an approval

An approval can either be held by a person or an ‘entity’ like a company. In some cases, the person or company controlling the approved action may change. If this happens, you must apply to transfer the project's approval to the person or company that will be responsible for the action.

This might happen if:

  • you sell the land on which you planned to undertake the action to another person
  • a different person or organisation becomes responsible for your project
  • you change your ABN or ACN, or replace a statutory body.

You don’t need to transfer approval if you’re just changing your business name.

If the person who currently holds the approval in a company will leave or step down, transferring the approval to the company may be a good option. Doing so may help the company avoid the need to transfer the approval later on.

Only the current approval holder can ask us to transfer the approval. You can't transfer an approval if the current approval holder no longer exists as a legal entity.

Requesting the transfer

To request the transfer, email postapproval@dcceew.gov.au with:

  • the EPBC number of the action, and the ABNs or ACNs of all current and proposed new approval holders
  • written evidence of the agreement to transfer from the current approval holder to the proposed approval holder/s
  • evidence of the agreement by the proposed approval holder/s that they'll comply with the conditions attached to the approval
  • evidence that the current approval holder has complied with the conditions
  • evidence of the environmental history of the proposed approval holder/s.

We'll acknowledge your request and let you know if we need more information.

If the minister agrees to the transfer, you'll receive a notice from them confirming this. We'll also publish the decision on EPBC Act Public Portal.

See our policy statement on transferring approvals for more information.

When the entity that holds an approval dissolves, dies, ceases or winds up

In some cases, a company that holds an approval doesn't transfer it before they liquidate, become insolvent or go into receivership. Or, if the approval holder is a natural person, they may die before transferring their approval.

However, only the current approval holder can ask to transfer the approval. If you want to undertake the project, and the current approval holder cannot transfer the approval to you, you'll need to lodge a new referral.

Extending the approval period

If your approval expires before you complete your project, you may need to refer the project (or the part of it that will continue) to us again. Continuing a project past the approval expiry could have compliance consequences for taking an action without approval.

If completing your project - including any decommissioning, remediation and offsetting - will take longer than the approval period, you must apply to extend the period.

Only the holder of an approved controlled action can apply to extend the approval period.

To extend your approval period, email postapproval@dcceew.gov.au before it expires with:

  • the EPBC number of your action
  • the new time frame you’d like
  • evidence that you've complied with the conditions of approval
  • your reasons for the extension.

If relevant, also send:

  • evidence that the conditions of approval provide enough protection for protected matters (including matters listed under the EPBC Act since you referred your action) for the extended period
  • evidence that any impacts your project has on protected matters are, and will continue to be, similar to those already approved
  • any relevant economic and social matters that you want the decision-maker to consider.

We'll acknowledge your extension request and let you know if we need more information.

The minister will consider whether the extension will increase or change the impacts your project has on protected matters. They'll then aim to make their decision within 20 business days, and will:

  • notify you in writing
  • publish the decision on EPBC Act Public Portal.

Shortening approval periods

We can't shorten an approval period. If your project plan changes to a point where it no longer reflects the project you referred, you may need to refer the project to us again.

However, if you've completed your project and met all condition requirements, you can ask to vary the conditions to reduce or end your annual compliance reporting obligations.

Get in touch

For any general questions about EPBC Act approvals and requests, contact the Post Approvals Section:

  • Email: postapproval@dcceew.gov.au
  • Phone: +61 1800 423 135 between 9 am and 5 pm Canberra time.

Get advice on complying with the EPBC Act

Learn how to refer a proposed action with our Referrals and assessments guide

Learn more about referral applications and proposals

Thanks for your feedback.
Thanks! Your feedback has been submitted.

We aren't able to respond to your individual comments or questions.
To contact us directly phone us or submit an online inquiry

CAPTCHA
This question is for testing whether or not you are a human visitor and to prevent automated spam submissions.

Please verify that you are not a robot.

Skip

Footer

  • Contact us
  • Accessibility
  • Disclaimer
  • Privacy
  • FOI
Last updated: 27 January 2023

© Department of Climate Change, Energy, the Environment and Water

We acknowledge the Traditional Owners of country throughout Australia and recognise their continuing connection to land, waters and culture. We pay our respects to their Elders past, present and emerging.