Guidance Note 3 - Definition of 'action': Section 523, section 524, and section 524A of the EPBC Act
About the guidance note
This Guidance Note is intended for use by staff of the Department of Sustainability, Environment, Water, Population and Communities. It should not be relied upon by any other person. This Guidance Note does not represent legal or professional advice. The policies and procedures included in this Guidance Note are intended to serve as guidance only and should be applied consistently with the requirements of the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth)(EPBC Act) and the Environment Protection and Biodiversity Conservation Regulations 2000 (Cwlth)(EPBC Regulations). To the extent of any inconsistency, the EPBC Act and EPBC Regulations will prevail over this Guidance Note. If Departmental officers consider that this Guidance Note may be inconsistent with the EPBC Act or the EPBC Regulations, please contact the Legislation Policy Section. This guidance note may be subject to change at any time.
This Guidance Note outlines the meaning of the term 'action' under the EPBC Act. The EPBC Act prohibits taking an 'action' that has, will have, or is likely to have a significant impact on the matters protected under Part 3 of the EPBC Act, without approval.
Understanding the definition of an 'action' is therefore crucial to understanding whether the EPBC Act applies.