Actions Determined as Requiring and Not Requiring Approval, Assessment Approach, Decision on Approval, Outcome of Request for Reconsideration of Decision, Notice of Extension of Time, Notices of Exemption from a Provision, Notice of Revocation of an Exemption from a Provision

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au C2014G00488 In force Gazette

Legislation content

 

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 requiring approval (EPBC Act s.75)

Reference

Title

Controlling Provisions

Date

2014/7126

QUBE Mandogalup Development Pty Ltd/Residential development/Lot 682 Rowley Road, Mandogalup, Western Australia/WA/Residential Estate Development, Lot 682 Rowley Road, Mandogalup, Western Australia

  • Listed threatened species and communities (sections 18 & 18A)

 

 

 

06/03/2014

2014/7119

APP Corporation Pty Limited/Residential development/Box Hill North, The Hills Shire/NSW/Develop 380 ha land for residential & commercial use

  • Listed threatened species and communities (sections 18 & 18A)

 

 

10/03/2014

2014/7133

KEPCO Bylong Australia Pty Ltd/Mining/Bylong/NSW/Bylong Coal Project north east of Mudgeee, NSW

  • Listed threatened species and communities (sections 18 & 18A)
  • A water resource, in relation to coal seam gas development and large coal mining development (sections 24D & 24E)

12/03/2014

2014/7136

Epuron Pty Ltd/Energy generation and supply (renewable)/Liverpool Range Wind Farm (btwn Coolah & Cassilis), NSW/NSW/Liverpool Range Wind Farm (btwn Coolah & Cassilis), NSW

  • Listed threatened species and communities (sections 18 & 18A)

 

 

17/03/2014

 

actions determined as NOT requiring approval (EPBC Act s.75)

Reference

Title

Date

2014/7131

Bunbury Harvey Regional Council/Waste management (non-sewerage)/Lot 45, Stanley Road, Wellesley/WA/Stanley Road waste management facility, Wellesley, WA

 

15/03/2014

 

Assessment Approach (EPBC Act s.87)

Reference

Title

Assessment Approach

Date

2014/7126

QUBE Mandogalup Development Pty Ltd/Residential development/Lot 682 Rowley Road, Mandogalup, Western Australia/WA/Residential Estate Development, Lot 682 Rowley Road, Mandogalup, Western Australia

Preliminary Documentation

06/03/2014

2014/7119

APP Corporation Pty Limited/Residential development/Box Hill North, The Hills Shire/NSW/Develop 380 ha land for residential & commercial use.

Preliminary Documentation

10/03/2014

 

DECISION ON APPROVAL (EPBC Act s.133)

Reference

Title

Approval Decision

Date

2011/5808

ACT NOWaste/Waste management (non-sewerage)/ Partly on block 2227 Mugga Lane, NW of Hume, ACT/ACT/Expansion of the Mugga Lane Resource Management Centre

Approved with conditions

18/03/2014

2013/7054

Warrego Energy Pty Ltd/Exploration (mineral, oil and gas - non-marine)/West Erregulla, near Geraldton/WA/West Erregulla 3D onshore seismic survey & appraisal drilling exploration program WA

Approved with conditions

19/02/2014

2013/6812

Marloelle Pty Ltd/Residential development/Approximately 7.5km north-west of Tamworth/NSW/Vegetation clearing for a residential subdivision

Approved with conditions

20/03/2014

2011/6183

Department of Primary Industries/Natural resources management/Gippsland /VIC/Wild Dog Aerial Baiting Operation

Approved with conditions

21/03/2014

 

 

 

 

OUTCOME OF REQUEST FOR RECONSIDERATION OF S75(1) DECISION (EPBC Act s.78C)

Reference

Title

Reconsideration Decision

Date

2013/7081

Woodside Energy Ltd/Exploration (mineral, oil and gas - marine)/6km N of Muiron Islands & 53km NW of Exmouth, Commonwealth, WA/WA/Babylon 3D Marine Seismic Survey, Commonwealth Waters, nr Exmouth WA

 

18/03/2014

2011/6030

Sinosteel Midwest Corporation Limited/Mining/Approx 60km north-west of Cue /WA/Weld Range Iron Ore Project

 

25/02/2014

 

NOTICE OF EXTENSION OF TIME (EPBC Act s.130(4))

Reference

Title

Extended to

Date

2007/3220

Hunter-Central Rivers Catchment Management Authority/Natural resources management/Ash Island, Newcastle/NSW/Kooragang Wetland Rehabilitation Project

14/03/2014

21/02/2014

2009/5032

Tiwest Pty Ltd/Mining/25km southeast of Dongara/WA/Tiwest Dongara Project, mineral sands mining and concentrating operation, 25km southeast of Dongara, WA

10/04/2014

08/03/2014

2007/3220

Hunter-Central Rivers Catchment Management Authority/Natural resources management/Ash Island, Newcastle/NSW/Kooragang Wetland Rehabilitation Project

21/03/2014

13/03/2014

2012/6653

Phosphate Resources Limited/Mining/South Point Region of Christmas Island/Christmas Island/Phosphate Mining in South Point Christmas Island

13/05/2014

16/03/2014

 

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.


NOTICE OF EXemption from a provision of

part 3 (EPBC Act section 158(7))

 

 

Commonwealth of Australia

 

Notice of exemption under section 158(3) of the
Environment Protection and Biodiversity Conservation Act 1999 (Cth)

(1) I, Greg Hunt, Minister for the Environment, acting under section 158(3) of the EPBC Act, being satisfied that it is in the national interest to do so, exempt action or actions undertaken by any persons managing or responding to maritime environmental emergencies in accordance with the National Plan from the application of all of the provisions of Part 3 of the EPBC Act.

(2) The exemption given in paragraph (1) of this notice commences on the date of this notice and continues in force until such time as it is withdrawn.

(3) In this notice:

EPBC Act means the Environment Protection and Biodiversity Conservation Act 1999 (Cth).

maritime environmental emergency means the potential or actual pollution of the sea, or harm to the marine environment, by oil or other hazardous and noxious substances.

National Plan means the National Plan for Maritime Environmental Emergencies as amended and updated from time to time.

 

SIGNED

______________________________________

Signed by Greg Hunt, Minister for the Environment           

Dated this 6th day of March 2014

 

A copy of the Minister’s statement of reasons for this decision is publicly available at the following internet address:  http://www.environment.gov.au/epbc/notices/exemptions.html

 

 

 

NOTICE OF EXemption from a provision of
part 13 (EPBC Act section 303A(7))

 

 

Commonwealth of Australia

 

Notice of exemption under section 303A(3) of the
Environment Protection and Biodiversity Conservation Act 1999 (Cth)

(1)    I, Greg Hunt, Minister for the Environment, acting under section 303A(3) of the EPBC Act, being satisfied that it is in the national interest to do so, exempt action or actions undertaken by any persons managing or responding to maritime environmental emergencies in accordance with the National Plan from the application of all of the provisions of Part 13 of the EPBC Act.

(2)    The exemption given in paragraph (1) of this notice commences on the date of this notice and continues in force until such time as it is withdrawn.

(3)    In this notice:

EPBC Act means the Environment Protection and Biodiversity Conservation Act 1999 (Cth).

maritime environmental emergency means the potential or actual pollution of the sea, or harm to the marine environment, by oil or other hazardous and noxious substances.

National Plan means the National Plan for Maritime Environmental Emergencies as amended and updated from time to time.

 

SIGNED

______________________________________

Signed by Greg Hunt, Minister for the Environment           

Dated this 6th day of March 2014

 

 

A copy of the Minister’s statement of reasons for this decision is publicly available at the following internet address:  http://www.environment.gov.au/epbc/notices/exemptions.html

 

NOTICE OF REVOCATION OF AN EXemption from a provision of

part 3 (EPBC Act section 158(7))

 

 

Commonwealth of Australia

 

Notice of revocation of exemption under section 158(3) of the
Environment Protection and Biodiversity Conservation Act 1999 (Cth)

 

(1)    I, Greg Hunt, Minister for the Environment, acting under section 158(3) of the EPBC Act and section 33(3) of the Interpretation Act, hereby revoke the prior exemption granted for persons acting in accordance with the National Plan to Combat Pollution of the Sea by Oil and Other Noxious and Hazardous Substances with effect from the date of this notice.

 

(2)    In this notice:

EPBC Act means the Environment Protection and Biodiversity Conservation Act 1999 (Cth).

Interpretation Act means the Acts Interpretation Act 1901 (Cth).

prior exemption means the exemption from the application of Part 3 of the EPBC Act granted under section 158(3) of the EPBC Act on 28 August 2000, a copy of which forms Attachment A to this notice.

 

SIGNED

______________________________________

Signed by Greg Hunt, Minister for the Environment           

Dated this 6th day of March 2014

 

Copies of the Minister’s statement of reasons for this decision and Attachment A to this notice are publicly available at the following internet address:  http://www.environment.gov.au/epbc/notices/exemptions.html

 

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the problem of biodiversity loss and environmental degradation in Australia. It provides a framework for the protection of the environment, particularly by regulating activities that may have a significant impact on matters of national environmental significance. The EPBC Act is administered by the Australian Parliament and aims to ensure the sustainable use of natural resources while safeguarding biodiversity and environmental values. The Act was introduced to fill the gap left by previous legislation that was not sufficiently effective in addressing the growing environmental challenges facing the country. By providing a comprehensive and integrated approach to environmental protection, the EPBC Act seeks to balance economic development with environmental conservation. In response to identified gaps and to address specific issues, the Minister for the Environment has the authority to grant exemptions from certain provisions of the EPBC Act under specific circumstances. For instance, actions related to managing maritime environmental emergencies can be exempted from certain parts of the Act if deemed to be in the national interest. This flexibility allows for effective responses to emergencies while still upholding the Act's overall objectives of environmental protection. Additionally, the Minister can revoke previously granted exemptions, ensuring that the Act's provisions remain applicable where necessary to protect the environment.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to all persons and entities within the jurisdiction of Australia, including Commonwealth, state, and territory authorities, as well as individuals and corporations. It covers a broad range of activities and industries, such as residential and commercial developments, mining, waste management, natural resource management, and energy generation and supply. The Act also extends to threatened species and communities, water resources in relation to coal seam gas and large coal mining developments, and other environmental considerations. The geographic reach of the Act is national, encompassing all areas within Australian territory, and it is enforced by the Department of the Environment. Certain actions may be exempt from the Act’s requirements, and these are specified in subordinate instruments. Additionally, the Act provides for the approval or disapproval of certain actions that may significantly impact matters of national environmental significance, and it includes provisions for the reconsideration of decisions and extensions of time for certain actions.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a comprehensive piece of legislation that aims to protect and conserve the environment, particularly focusing on biodiversity and significant environmental impacts. Section 75 of the Act identifies certain actions that require approval before they can be carried out, while section 133 allows for the approval of actions that might have significant environmental impacts, subject to specific conditions. Conversely, section 75 also delineates actions that do not require approval under the Act. For instance, the residential development by QUBE Mandogalup Development Pty Ltd in Western Australia, as detailed under reference 2014/7126, falls under the category of actions needing approval due to its potential impacts on listed threatened species and communities, as per sections 18 and 18A of the Act. Similarly, the residential and commercial land development by APP Corporation Pty Limited in New South Wales, detailed under reference 2014/7119, also requires approval for the same reasons. The Act imposes various obligations on the parties or entities it governs, ensuring they comply with environmental standards and regulations. These obligations include submitting detailed documentation and proposals, conducting environmental impact assessments, and adhering to any conditions set by the Minister for the Environment. For example, the development projects mentioned above must provide preliminary documentation outlining their potential environmental impacts and how they plan to mitigate these effects. Additionally, the Act mandates that any approval given under section 133 is subject to specific conditions that the developer must comply with, as seen in the approvals given to projects like the Waste Management Centre expansion in the ACT (reference 2011/5808) and the residential subdivision in New South Wales (reference 2013/6812). Breach of the provisions of the EPBC Act can result in significant legal consequences. The Act includes various offences and penalties for non-compliance, with maximum penalties specified for certain breaches. For example, unauthorised actions that significantly impact the environment can result in fines and imprisonment. Moreover, the Act allows for civil and criminal penalties for non-compliance with the approved conditions of any development project. In the case of maritime environmental emergencies, the Minister has the authority to exempt certain actions from the provisions of the Act, as seen in the notices under sections 158(3) and 303A(3). However, such exemptions are subject to revocation if deemed no longer in the national interest, as evidenced by the revocation notice under section 158(7). These legal measures ensure that the Act's environmental protections are upheld and that any actions taken are in accordance with the law.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.