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 |
2013/6981 | Far North Queensland Ports Corporation Ltd/Transport - water/Cairns/QLD/Development of a common use barge facility | 11/10/2013 |
2010/5627* | Boonooroo/Residential development/Lot 7 SP158537, Kougari, Rawson & Whitaker Streets/QLD/19 lot residential subdivision in the township of Boonooroo | 09/10/2014 |
2014/7333 | Hermitage Holding Pty Ltd/Exploration (mineral, oil and gas - non-marine)/Perenjori Hills/WA/Feral Prospect, magnatite iron ore exploration drilling, Perejori Hills, WA | 16/10/2014 |
2014/7336 | Department of National Parks, Sport and Recreation/Tourism and recreation/O'Reilly/QLD/Green Mountain walking track upgrade, Lamington National Park, O'Reilly, QLD | 16/10/2014 |
2014/7337 | Mr Paul & Mrs Naoko Apostolou/Private/10B Dalkeith Rd, Cherrybrook, NSW/NSW/Tree Removal Under 10/50 Vegetation Clearance, 10B Dalkeith Rd, Cherrybrook, NSW | 21/10/2014 |
2014/7339 | Moreton Bay Regional Council/Natural resources management/22 Tallowood Drive, Deception Bay/QLD/Tallowood Cemetery expansion, Deception Bay, Qld | 22/10/2014 |
* 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
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2013/6987 | Health Directorate/Commercial development/Block 1, Section 3 in the District of Belconnen/ACT/University of Canberra Public Hospital | Approved with conditions | 17/10/2014 |
2014/7194 | Middle Head Healthcare Pty Ltd /Residential development/Middle Head Road, Middle Head, Mosman /NSW/Development of a Residential Care Facility, Middle Head, NSW | Approved with conditions | 20/10/2014 |
variation of conditions of approval (EPBC Act s.143)
Reference | Title | Date |
2012/6518 | NSW Roads and Maritime Services/Transport - land/West of Port Macquarie/NSW/Oxley Highway to Kempsey Pacific Highway Upgrade, NSW | 10/10/2014 |
2010/5457 | Drake Coal Pty Ltd/Mining/17 kilometres south of Collinsville, north Queensland/QLD/Drake Open Cut Coal Mine | 22/10/2014 |
2009/4974 | Australia Pacific LNG Pty Limited/Energy generation and supply (non-renewable)/Walloon Gas Fields, Surat Basin, Darling Downs/QLD/Expansion of Coal Seam Gas Fields | 24/10/2014 |
NOTICE OF EXTENSION OF TIME (EPBC Act s.130(4))
Reference | Title | Extended to | Date |
2012/6377 | Arrow Energy Pty Ltd/Mining/Bowen Basin/QLD/Bowen Gas Project | 14/11/2014 | 21/10/2014 |
2013/6926 | Moolarben Coal Operations Pty Ltd/Mining/Western Calfields of NSW 40kms NE Mudgee/NSW/Ext of coal mining within Open Cuts 1 & 2 and assoc infrastructure - Optimisation, NSW | 21/11/2014 | 24/10/2014 |
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 facilitate ecologically sustainable development through the protection of Australia’s unique flora and fauna. The EPBC Act was introduced to address the problem of environmental degradation and to establish a framework for the protection of the environment, including the preservation of biodiversity and ecological processes. The Act is administered by the Australian Parliament and its overarching policy objective is to safeguard the environment by preventing significant impacts on matters of national environmental significance, promoting sustainable development, and ensuring that the impacts of actions on the environment are properly assessed and managed. This is achieved through the regulation of actions that may have a significant impact on the environment, including the requirement for approval of certain actions and the establishment of a process for assessing and managing these impacts.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to actions that may have a significant impact on matters of national environmental significance, which include World Heritage properties, listed threatened species and ecological communities, wetlands of international significance, and the Australian Heritage Commission. The Act applies to persons, including individuals and companies, and entities carrying out activities that may impact these protected matters. The geographic reach of the Act is national, applying across all states and territories of Australia. There are certain exclusions and exemptions from the Act, including actions that are minor or have already been assessed and approved under the Act. The Act allows for the creation of subordinate legislation to further define the scope of the Act or to exempt certain activities from its provisions, thereby extending or restricting its application. The EPBC Act provides a comprehensive framework for environmental protection and biodiversity conservation in Australia, with its application extending to various industries and types of actions that may impact protected environmental matters.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) contains several key provisions that govern the approval, management, and monitoring of activities that may impact on matters of national environmental significance. Section 75 of the EPBC Act provides that certain actions do not require approval if they are undertaken in a specified manner. For example, small scale vegetation clearing activities such as tree removal under certain conditions (s.75(1)(a)) do not require approval. The EPBC Act also imposes obligations on parties and entities that must obtain approval for activities that may impact on matters of national environmental significance. Section 133 of the EPBC Act outlines the process for approval, including the requirement for the Department of the Environment to consider the potential impact of the proposed action and to consult with relevant stakeholders. The Act also provides for the imposition of conditions on approval to mitigate any potential adverse environmental impacts. Failure to comply with the conditions of approval may result in the approval being revoked or varied (s.143). The EPBC Act also sets out offences, penalties, and civil and criminal consequences for breaches of the Act. Section 474 of the EPBC Act provides that a person who contravenes certain provisions of the Act is liable to a fine of up to $66,600 for a corporation and $13,320 for an individual. In addition, section 475 provides that a person who intentionally, recklessly or negligently causes or authorises the causing of a contravention of the Act is liable to a fine of up to $666,000 for a corporation and $133,200 for an individual. Where a person is found guilty of an offence under the EPBC Act, the court may also order that the person compensate any person who has suffered loss or damage as a result of the offence. Furthermore, section 487 provides that a person who engages in an activity that is likely to have a significant impact on a matter of national environmental significance is liable to a fine of up to $6,660,000 for a corporation and $1,332,000 for an individual. The EPBC Act also provides for the imposition of civil penalties for breaches of certain provisions of the Act. Section 509A of the EPBC Act provides that a person who contravenes certain provisions of the Act is liable to a civil penalty of up to $2,220,000 for a corporation and $444,000 for an individual. The Act also provides for the imposition of administrative penalties for breaches of certain provisions of the Act. Section 510 of the EPBC Act provides that a person who contravenes certain provisions of the Act is liable to an administrative penalty of up to $222,000 for a corporation and $44,400 for an individual.