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 |
2015/7413 | APT O&M Services Pty Ltd/Energy generation and supply (non-renewable)/Pakenham and Koo Wee Rup/VIC/Koo Wee Rup Supply Main and Reticulation Project, Vic | 26/02/2015 |
* Actions which are not controlled actions provided they are undertaken in a particular manner. Further information on provision and manner specified is available from www.environment.gov.au/epbc/notices
Assessment Approach (EPBC Act s.87)
Reference | Title | Assessment Approach | Date |
2013/6729 | ATEC Rail Group Limited/Transport - land/From Columboola, north to Kowguran/QLD/Construction of the Central Surat Rail Project | Preliminary Documentation | 23/02/2015 |
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2013/7088 | Norwest Energy NL/Exploration (mineral, oil and gas - non-marine)/Arrowsmith/WA/Undertake seismic survey to assess shale resources | Approved with conditions | 25/02/2015 |
NOTICE OF EXTENSION OF TIME (EPBC Act s.130(4))
Reference | Title | Extended to | Date |
2012/6351 | Bushland Grove Pty Ltd /Residential development/Mt Low/QLD/Mt Low Developments Master Planned Community | 30 June 2015 | 25/02/2015 |
2012/6643 | Eaton Place Pty Ltd/Tourism and recreation/Hummock Hill Island 30km south east of Gladstone/QLD/Pacificus Tourism Project | 31 August 2015 | 26/02/2015 |
2014/7169 | Aquis Resort at The Great Barrier Reef Pty Ltd/Commercial development/Yorkeys Knob Rd, approximately 13kms north of Cairns/QLD/Aquis Resort and Casino at The Great Barrier Reef, Qld | 30 April 2015 | 25/02/2015 |
2014/7355 | The Minister for Economic Development Queensland/Transport - water/Abbot Point/QLD/Abbot Point Port and Wetland Enhancement Project, Abbot Point, Qld | 30 April 2015 | 26/02/2015 |
2014/7356 | The Minister for Economic Development Queensland/Transport - water/Abbot Point/QLD/Abbot Point Dredging and onshore placement of dredged material, Abbot Point, Qld | 30 April 2015 | 26/02/2015 |
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 address the need for a comprehensive legal framework to protect the environment, particularly in relation to actions that may have significant impacts on matters of national environmental significance. This Act was passed by the Australian Parliament and is administered by the Department of the Environment. The overarching policy objective of the EPBC Act is to safeguard Australia's environment, including its biodiversity, ecosystems, and cultural heritage, by providing a robust mechanism for the assessment and management of activities that could adversely affect these areas. The EPBC Act aims to ensure that environmental considerations are integrated into decision-making processes, thereby promoting sustainable development and conservation.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of entities and actions across Australia, aiming to protect and manage the environment at both national and international levels. This Act applies to individuals, corporations, and government entities undertaking actions that may have a significant impact on matters of national environmental significance. These matters include World Heritage properties, listed threatened species and ecological communities, wetlands of international importance, nuclear actions, and other areas deemed to be of critical environmental importance. The jurisdictional reach of the EPBC Act is national, covering all territories and states within Australia. Additionally, the Act can also apply to actions outside Australia if they impact on matters of national environmental significance. Certain actions are excluded from the Act’s purview if they are listed as not requiring approval under section 75 of the Act, provided they are undertaken in a specific manner as detailed in the Act or related notifications. Subordinate instruments may extend or restrict the application of the Act, providing further clarity or specific conditions for particular industries or actions.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs actions that may impact matters of national environmental significance. Section 75 of the Act identifies actions that do not require approval provided they are carried out in a specific manner. For instance, the Koo Wee Rup Supply Main and Reticulation Project in Victoria is listed as an action that does not require approval if it adheres to certain conditions. Section 87 of the Act outlines the assessment approach, such as the preliminary documentation for the Central Surat Rail Project in Queensland. Furthermore, section 133 provides the decision on approval for actions like the seismic survey for shale resources by Norwest Energy NL in Western Australia, which was approved with certain conditions.
Entities governed by the EPBC Act must comply with various obligations and requirements. For example, they must adhere to the specified conditions if their actions are approved under section 133. They must also ensure that any actions that could impact national environmental significance are assessed in accordance with section 87. Additionally, entities must comply with timeframes for notifications and extensions as stipulated in sections 130(4) and others. Failure to meet these obligations could result in non-compliance with the Act.
The EPBC Act imposes significant consequences for breaches. Section 133, for example, outlines the penalties for non-compliance with the Act's provisions. Although the specific penalties are not detailed in the provided text, breaches of the Act can lead to both civil and criminal consequences. Civil penalties may include fines, while criminal penalties could involve imprisonment. The severity of these penalties depends on the nature and extent of the breach, as determined by the courts. Additionally, late notifications, although not affecting the processing of referrals or decisions, may still result in penalties if they are found to be non-compliant with the Act.