DEPARTMENT OF THE ENVIRONMENT AND ENERGY
Environment Protection and Biodiversity Conservation Act 1999
For further information see the referrals list at http://epbcnotices.environment.gov.au/referralslist/
and type the reference number in the Filter by Referral Number box
actions determined as NOT requiring approval (EPBC Act s.75)
Reference | Title | Date |
2018/8362* | WOODSIDE ENERGY LTD. / Mining / Seabed within State Waters and within Port of Dampier limits / Western Australia / Scarborough Development nearshore component, NWS, WA | 12/08/2019 |
2019/8472 | Cranford Pty Ltd / Residential Development / Lot 500 on plan 74198 Park Street, Brabham / Western Australia / Residential Development, Lot 500 Park Street, Brabham, WA | 13/08/2019 |
2019/8481 | SNOWY HYDRO LIMITED / Commonwealth / Lot 14 in DP 250029; Lot 3 in DP 238762, Polo Flat / New South Wales / Snowy 2.0 Segment Factory, Polo Flat, NSW | 13/08/2019 |
* Actions which are not controlled actions provided they are undertaken in a particular manner. Further information on provision and manner specified is available from http://epbcnotices.environment.gov.au/referralslist/
variation of conditions of approval (EPBC Act s.143)
Reference | Title | Date |
2010/5561 | NORTH QUEENSLAND BULK PORTS CORPORATION LIMITED / Water Management and Use / Port of Abbot Point approx 25km north of Bowen / Queensland / Abbot Point Stormwater Return Dam | 10/08/2019 |
2014/7351 | BORAL RESOURCES QLD PTY LIMITED / Mining / Raynbird Road, Narangba / Queensland / Narangba Quarry Expansion, Raynbird Road, Narangba, Qld | 10/08/2019 |
Some public notifications on the Internet and in the Gazette relating to the processing of referrals for approval under Chapter 4 of the Environment Protection and Biodiversity Conservation Act 1999 may occasionally be missed in processing by the Department of the Environment and Energy or may not meet timeframes for notification. The Department of the Environment and Energy has implemented systems and ongoing quality assurance procedures to minimise any risk of missing a notification within the required timeframe. Where a missed notification is identified the practice will be to notify these even though the timeframe for notification has lapsed. This will ensure that the history of notifications for each referral is available to the public. The Department of the Environment and Energy regrets any inconvenience that may be caused by a missed notification. Please note that late notifications have not affected subsequent processing of referrals or assessments and they do not affect decisions made.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Australian Parliament to address the need for a comprehensive framework that protects and manages Australia's environment, particularly in relation to biodiversity conservation and significant impacts from human activities. This legislation seeks to ensure that environmental factors are taken into account in decision-making processes that may affect the environment, particularly those involving activities that could have a significant impact on matters of national environmental significance. The policy objective of the Act is to protect and manage Australia's environment and heritage by providing for the assessment and approval of certain actions that may have a significant environmental impact, as well as to regulate activities that could harm biodiversity and ecological communities. The Department of the Environment and Energy administers the Act, ensuring compliance and managing the referral and approval processes as outlined in the legislation.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to actions that may have a significant impact on matters of national environmental significance, such as listed threatened species and ecological communities, world heritage properties, and wetlands of international significance, among others. The Act applies to both individuals and entities, including corporations, regardless of whether they are Australian or foreign, and to various industries such as mining, residential development, and water management. The geographic reach of the Act is national, as it is a Commonwealth Act, but it also takes into account state and territory laws and regulations. The Act may be extended or restricted through subordinate instruments, such as regulations or codes of practice, which provide further detail on the application of the Act. Certain actions may be excluded or exempted from the Act if they are determined not to require approval or if they meet specific criteria outlined in the Act or subordinate instruments. Any missed notifications or delays in the notification process do not affect the processing of referrals or assessments and the decisions made under the Act.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment, including flora, fauna, ecological communities, heritage places, and matters of national environmental significance. Section 75 of the Act lists actions that are determined as not requiring approval, such as certain mining activities in state waters (s.75). These actions are not considered controlled actions if they are carried out in a specified manner, details of which can be found on the EPBC notices website. The Act also allows for the variation of conditions of approval for certain projects, as seen in the case of the North Queensland Bulk Ports Corporation Limited and Boral Resources QLD Pty Limited (s.143).
Entities or parties governed by the EPBC Act have various obligations and requirements. They must ensure that any proposed actions that could affect the environment comply with the Act and its regulations. This includes undertaking environmental impact assessments and obtaining necessary approvals from the Department of the Environment and Energy. Companies like Woodside Energy Ltd., Cranford Pty Ltd, and Snowy Hydro Limited must follow these procedures for their projects, such as the Scarborough Development nearshore component in Western Australia, residential development on Park Street in Brabham, and the Snowy 2.0 Segment Factory in Polo Flat, New South Wales, respectively.
Failure to comply with the provisions of the EPBC Act can result in various consequences, including offences, penalties, and civil or criminal liability. While the specific offences and penalties are not detailed in the provided text, the Act generally provides for fines and imprisonment for serious breaches. For example, unauthorised actions that significantly harm the environment can lead to substantial penalties. Additionally, the Act may also provide for civil remedies, such as injunctions or compensation orders, to address environmental harm caused by non-compliance.