DEPARTMENT OF THE ENVIRONMENT
Environment Protection and Biodiversity Conservation Act 1999
For further information see the referrals list at http://www.environment.gov.au/epbc/notices
and type the reference number in the Search box
actions determined as NOT requiring approval (EPBC Act s.75)
Reference | Title | Date |
2014/7178 | Robe Golf Club Inc/Commercial development/Robe/SA/Robe Golf Course, Allotment 2, Davenport Street, Robe, SA | 12/05/2014 |
2014/7181 | Moreton Bay Regional Council/Natural resources management/Bribie Island/QLD/Kakadu Beach high tide shore bird roost maintenance, Bribie Island, QLD | 13/05/2014 |
2014/7182 | Lockyer Valley Regional Council/Natural resources management/Patrick St, Laidley and Railway St, Gatton/QLD/Vegetation removal and modification at Grey Headed Flying Fox roost sites, Laidley and Gatton, Qld | 15/05/2014 |
Assessment Approach (EPBC Act s.87)
Reference | Title | Assessment Approach | Date |
2014/7155 | Iwasaki Sangyo Co. (Aust) Pty Ltd/Tourism and recreation/9km N. of Yeppoon, Qld/QLD/Iwasaki Capricorn Integrated Resort Development, Yeppoon, Qld | Accredited Assessment Process | 13/05/2014 |
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2012/6637 | Bulga Coal Management Pty Limited/Mining/Hunter Valley approximately 12km south-west of Singleton/NSW/Extension of existing open cut coal mine at the Bulga Coal Complex | Approved with conditions | 09/05/2014 |
2013/6956 | NSW Roads and Maritime Services/Transport - land/Wagga Wagga NSW/NSW/Olympic Highway Realignment & Construct Road-Over-Rail Bridge, Wagga Wagga NSW | Approved with conditions | 13/05/2014 |
NOTICE OF EXTENSION OF TIME (EPBC Act s.130(4))
Reference | Title | Extended by (Days) | Date |
2013/6765 | Cotton Holding Pty Ltd/Mining/Roelands/WA/Undertake gravel extraction on Lot 20 Coalfields Road, Roelands | 15 | 13/05/2014 |
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 or may not meet timeframes for notification. The Department of the Environment 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 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 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, and to establish a framework for the assessment and approval of actions that may impact on these matters. The EPBC Act was introduced to address the need for a comprehensive national framework for the protection of the environment, including the protection of biodiversity, heritage, and cultural sites, as well as the regulation of activities that may impact on these areas. The Act was enacted by the Parliament of Australia and its policy objective is to provide for the protection and management of the environment, particularly those matters of national environmental significance. The Department of the Environment is responsible for administering the Act, and has implemented systems and ongoing quality assurance procedures to minimise any risk of missed notifications within the required timeframe.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to a broad range of activities and entities that may impact matters of national environmental significance in Australia. This includes individuals, companies, local and state governments, and other entities that undertake activities or actions that are listed as controlled actions under the Act. The Act's jurisdictional reach is national, covering actions occurring within Australia's territorial limits and beyond, such as offshore areas and migratory species. The Act outlines specific exclusions, such as activities already regulated under other federal laws, state and territory laws, and certain activities related to defence. The Act also allows for the extension or restriction of its application through subordinate instruments, such as regulations and guidelines, which provide more detailed specifications on how the Act is to be implemented and enforced.
The Act includes provisions for the assessment and approval of actions that may significantly affect matters of national environmental significance, including World Heritage properties, wetlands of international significance, listed threatened species and ecological communities, and heritage places. The Act also provides mechanisms for the management of biological resources, including the regulation of the export and import of endangered species and their derivatives. The Department of the Environment plays a key role in administering the Act, including the assessment and approval of actions, the development of policies and guidelines, and the enforcement of the Act through compliance and enforcement mechanisms. The Act also includes provisions for public participation and notification, which ensure that the public is informed about and can provide input on actions that may impact the environment.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) sets out the framework for the protection of the environment and biodiversity in Australia. Key provisions of this legislation include the requirement for certain actions to be assessed and approved before they can proceed, as outlined in section 75, and the ability to determine actions that do not require approval, as stated in section 75. Additionally, section 87 allows for the use of accredited assessment processes, where the action is assessed by an independent body approved by the Minister. Decisions on approval of actions that may have significant environmental impacts are detailed in section 133, which allows for approval with conditions or outright refusal of the action.
Under the EPBC Act, entities and individuals are obliged to comply with the Act's provisions, including undertaking assessments and obtaining approval where necessary. The Act also imposes obligations on the Minister for the Environment to ensure that assessments and approvals are carried out in accordance with the Act, and to consider the potential environmental impacts of the proposed action. Furthermore, proponents of actions that may have significant environmental impacts are required to provide all necessary information and documentation to the Minister, and to cooperate with the assessment process.
Failure to comply with the provisions of the EPBC Act may result in civil and criminal penalties. For example, section 528 of the Act outlines the potential penalties for breaches of the Act, including fines of up to $1.1 million for individuals and $5.5 million for corporations, as well as imprisonment for up to five years. Additionally, section 534 of the Act allows for the recovery of costs incurred by the Commonwealth in taking enforcement action against those who breach the Act. It is important for entities and individuals to be aware of their obligations under the EPBC Act and to take steps to ensure compliance in order to avoid potential penalties and consequences.