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 |
2013/7039 | DBP Development Group Nominees Pty Ltd/Commercial development/Onslow/WA/Construct 110km buried natural gas pipeline from Onslow, connecting to Dampier/Bunbury natural gas pipeline | 06/12/2013 |
2013/6856 | Crocodile Gold Corp./Mining/adjacent to Stawell NE of the township in western Victoria/VIC/The Big Hill enhanced open cut mining development, adjacent Stawell, Victoria | 09/12/2013 |
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2009/5007 | Arrow CSG (Australia) Pty Ltd/Energy generation and supply (non-renewable)/Curtis Island, Approx. 6km N of Gladstone, QLD/QLD/The Arrow LNG Facility, Curtis Island, Gladstone | Approved with conditions | 10/12/2013 |
2009/5008 | Arrow CSG (Australia) Pty Ltd/Mining/Gladstone City Gate to Curtis Island/QLD/The Arrow Gas Transmission Pipeline, Gladstone to Curtis Island | Approved with conditions | 10/12/2013 |
2011/6194 | Adani Abbot Point Terminal Pty Ltd /Mining/Port of Abbot Point/QLD/Abbot Point Coal Terminal 0 | Approved with conditions | 10/12/2013 |
2011/6213 | North Queensland Bulk Ports Corporation Limited/Exploration (mineral, oil and gas - marine)/Approx 3km offshore Abbot Point/QLD/Abbot Point Terminal 0, 2 & 3 Capital Dredging | Approved with conditions | 10/12/2013 |
variation of conditions of approval (EPBC Act s.143)
Reference | Title | Date |
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 | 05/12/2013 |
2010/5549 | Land Development Agency/Residential development/Lawson South north-east of Belconnen town centre/ACT/ Lawson South residential development | 11/12/2013 |
NOTICE OF EXTENSION OF TIME (EPBC Act s.130(4))
Reference | Title | Extended to | Date |
2010/5344 | Arrow Energy/Energy generation and supply (non-renewable)/200km West of Brisbane /QLD/Expansion Of Coal Seam Gas Operations | 12/01/2014 | 12/12/2013 |
lapsed proposals (EPBC Act s.155)
Reference | Title | Date |
2005/2156 | Caversham Property Developments Pty Ltd/Urban and commercial redevelopment/Adelaide/SA/Redevelopment of Adelaide GPO | 05/12/2013 |
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 was enacted by the Parliament of Australia to provide for the protection of the environment, particularly matters of national environmental significance. This Act was introduced to address the problem of the protection of the environment, including the need for a coordinated approach to the protection of the environment and the regulation of actions that have, or potentially could have, a significant impact on the environment. The policy objective of the Act is to protect and conserve Australia's biodiversity and environment by preventing significant impacts on matters of national environmental significance. The Department of the Environment is responsible for administering the Act and ensuring that the public is kept informed of the processing of referrals for approval under the Act.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to various entities and individuals who are involved in actions that may impact on matters of national environmental significance. This Act pertains to industries such as energy, mining, and urban development as well as their respective projects and operations. Its jurisdictional reach is Commonwealth-wide, governing activities across all states and territories in Australia. However, the Act may exclude certain activities through specified exclusions, exemptions, or thresholds, which are determined by the Act itself or through subordinate legislation. For example, some actions may not require approval under section 75 of the Act. The Act also allows for the variation of conditions of approval through section 143, and it provides for the extension of time for decision-making under section 130(4). It is important to note that the Act’s application can be further extended or restricted through subordinate instruments, ensuring flexibility in its implementation. The Department of the Environment oversees the application of the Act and has quality assurance procedures in place to minimise any missed notifications, although it acknowledges that some notifications may occasionally be missed and will endeavour to notify the public of such instances.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs actions that have, or might have, a significant impact on matters of national environmental significance. Key provisions of the Act include the requirement for certain actions to be referred for approval (sections 7.3 and 7.4.1), the process for approving or declining these actions (section 133), and the ability to impose conditions on approvals (section 138). Additionally, the Act allows for the variation of conditions on approved actions (section 143) and the extension of timeframes for decision-making (section 130(4)). The Act also includes provisions for actions determined not to require approval (section 75) and for the lapsing of proposals (section 155).
The Act imposes obligations on proponents to refer certain actions for approval, provide relevant information, and comply with any imposed conditions. The Minister for the Environment has the responsibility to assess referrals and make decisions on approvals, which can be granted with or without conditions. Proponents must also comply with any imposed conditions and ensure that their actions do not significantly impact matters of national environmental significance. The Act also imposes obligations on the Department of the Environment to provide public notifications and minimise the risk of missed notifications.
Breach of the obligations and requirements under the EPBC Act may result in civil or criminal consequences. Civil penalties for contravening the Act can include substantial fines, with the maximum penalty varying depending on the offence. Criminal penalties may also apply for serious breaches, with maximum penalties including substantial fines and imprisonment. The Act also allows for the recovery of costs associated with the enforcement of the Act. It is important for proponents and other parties subject to the Act to comply with its requirements to avoid potential penalties and legal consequences.