DEPARTMENT OF SUSTAINABILITY, ENVIRONMENT, WATER, POPULATION
and COMMUNITIES
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 |
2012/6585* | Westcoast Wind Pty Ltd/Energy generation and supply (renewable)/Approximately 26km north-west of Zeehan/TAS/Granville Wind Farm, TAS | 21/03/2013 |
2012/6678* | Melbourne Water Corporation/Water management and use/Seaford, approx 35km south east of Melbourne/VIC/Seaford Wetlands Hydrology Works | 21/03/2013 |
2013/6738 | RSL LifeCare Pty Ltd/Residential development/Lot 26 and Lot 2 Ocean Drive, Port Macquarie, NSW/NSW/development of a retirement village & facilities | 21/03/2013 |
2013/6752* | Mt Gibson Iron Limited (Koolan Island Operations)/Mining/M04/416 and M04/417 approx 130kms north of Derby WA/WA/Acacia East Pit Cutback Mining Project, northern Kimberley, WA | 21/03/2013 |
2013/6760 | Transport for NSW/Transport - land/Between Epping and Thornleigh/NSW/Proposed third rail track and associated infrastructure | 21/03/2013 |
2013/6761* | Karoon Gas Australia Ltd/Exploration (mineral, oil and gas - marine)/Approximately 250km north-northwest of Port Hedland/Commonwealth Marine/3D Marine Seismic Survey (WA-482-P, WA-363-P), WA | 21/03/2013 |
* 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
NOTICE OF EXTENSION OF TIME (EPBC Act s.130(4))
Reference | Title | Extended to | Date |
2009/5174 | Toro Energy Limited/Mining/30km south and southeast of Wiluna/WA/Wiluna Uranium Project | 05/04/2013 | 26/03/2013 |
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 Sustainability, Environment, Water, Population and Communities or may not meet timeframes for notification. The Department of Sustainability, Environment, Water, Population and Communities 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 Sustainability, Environment, Water, Population and Communities 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 to provide a framework for the protection of the environment, particularly with respect to matters of national environmental significance. The Act was introduced to address the need for a cohesive legislative approach to environmental protection, particularly in relation to the conservation of biodiversity and the management of activities that may impact upon the environment on a national scale. The Act is administered by the Parliament of Australia, with a policy objective to ensure the protection of the environment, heritage, and cultural places while also considering the sustainable use of natural resources. The Act seeks to strike a balance between environmental protection and economic development by providing mechanisms for the assessment and approval of activities that may have a significant environmental impact.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to a wide range of entities and activities across Australia, including individuals, corporations, and government bodies. The Act governs 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. It also extends to various industries, including mining, energy generation, water management, residential development, and transportation infrastructure, as evidenced by the projects referenced in the Gazette. The geographic reach of the Act is national, as it applies to actions within the Commonwealth, states, and territories of Australia. The Act allows for exclusions, exemptions, or thresholds through subordinate instruments, which provide detailed guidelines and criteria for assessing the potential environmental impact of proposed actions. Despite the implementation of quality assurance procedures to minimise missed notifications, the Department of Sustainability, Environment, Water, Population and Communities acknowledges that occasional delays may occur and commits to notifying the public of any such instances, even if beyond the required timeframe.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a central piece of legislation for environmental protection and biodiversity conservation in Australia. Under the EPBC Act, specific actions may be required to obtain approval before proceeding. Sections 75 and 130(4) of the Act outline particular actions and their regulatory requirements. For instance, certain projects such as renewable energy generation, water management, residential development, mining activities, infrastructure development, and marine exploration must obtain approval unless they meet specified criteria outlined in the Act (EPBC Act s.75). This ensures that potential impacts on the environment and biodiversity are considered and managed.
The Act imposes a range of obligations on the entities and parties involved. For example, proponents of projects listed under sections such as 75 and 130(4) must submit detailed environmental impact assessments, including potential impacts on listed threatened species, ecological communities, and heritage places. They must also engage in consultation with relevant stakeholders, including Indigenous communities and the public, to gather input and address concerns (EPBC Act s.18, s.19). Furthermore, these entities must adhere to any conditions set by the Minister for the Environment to mitigate adverse environmental impacts.
Failure to comply with the requirements of the EPBC Act can result in significant legal consequences. Both civil and criminal penalties can be imposed for non-compliance. For example, individuals or entities found to have contravened the Act may face fines of up to $750,000 for a corporation and $75,000 for an individual, along with potential imprisonment terms of up to five years (EPBC Act s.539). Additionally, the Minister for the Environment can seek injunctions or other court orders to prevent further non-compliance and to compel corrective actions. These stringent penalties underscore the importance of adhering to the Act's provisions to protect Australia's environment and biodiversity.