Actions Determined as Requiring and Not Requiring Approval, Assessment Approach, Decision on Approval, Variation of Conditions of Approval, Extension of Time, Exemption from a Provision - Parts 3 and 13 - Christmas Island Flying-fox

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

Legislation au C2014G01115 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

2014/7190

Sunland Group Project Management Pty Ltd/Residential development/Rifle Range Road, Pimpama/QLD/Nambucca Crescent residential subdivision Pimpama, QLD

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

21/05/2014

2014/7177

Milford Planning Consultants/Residential development/Ross Park, Riverway Drive, Kelso, Pinnacles, Townsville /QLD/To develop stages 2-6 of the Laudham Park Development, Pinnacles, Townsville, QLD

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

23/05/2014

2013/6850

Roads Corporation (Vicroads)/Transport - land/between Warren St in Echuca Vic & Perricoota Rd in Moama NSW/VIC/Construction of a second Murray River crossing Echuca-Moama, Vic

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

11/06/2014

2014/7228

Mr Mike Chapman/Commercial development/Groote Eylandt, approximately 650 km south-east of Darwin/NT/Develop open cut mining areas on the Eastern Leases (ELR28161 and ELR28162, Groote Eylandt, NT

  • Listed threatened species and communities (sections 18 & 18A)
  • Listed migratory species (sections 20 & 20A)

23/06/2014

 

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

Reference

Title

Date

2014/7230

Centennial Clarence Pty Ltd/Commercial development/Clarence, NSW/NSW/Clarence Colliery Reject Emplacement Area VI, Clarence, NSW

27/06/2014

2014/7236

Aquafarms Queensland Pty Ltd/Aquaculture/Shark Bay, Tinnanbar, Qld/QLD/Aquaculture Sea Ranching of Sea Cucumber (Beche de Mere),  Shark Bay, Tinnanbar, Qld

27/06/2014

2014/7223*

Skiron Opco Pty Ltd/Telecommunications/Offshore Submarine, Port Hedland WA to Darwin NT/Other Australian land/waters/Offshore Fibre Optic Cable Network Construction & Operation, Port Hedland WA to Darwin NT

28/06/2014

2014/7186*

APA GasNet Australia (Operations) Pty Ltd /Exploration (mineral, oil and gas - non-marine)/Between Wandong and Glenrowan/VIC/Looping four sections of the Wollert to Wodonga gas transmission pipeline

01/07/2014

* 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

 

Assessment Approach (EPBC Act s.87)

Reference

Title

Assessment Approach

Date

2013/6895

Tronox Management Pty Ltd/Mining/Exploration tenements E70/2345, E70/2346 & E70/3065 Swan Coastal Plain 175kms north of Perth/WA/Cooljarloo West Titanium Minerals mining Project, WA

Accredited Assessment Process with the Western Australian Government

25/07/2013

 

2014/7190

Sunland Group Project Management Pty Ltd/Residential development/Rifle Range Road, Pimpama/QLD/Nambucca Crescent residential subdivision Pimpama, QLD

Preliminary Documentation

21/05/2014

2014/7177

Milford Planning Consultants/Residential development/Ross Park, Riverway Drive, Kelso, Pinnacles, Townsville /QLD/To develop stages 2-6 of the Laudham Park Development, Pinnacles, Townsville, QLD

Preliminary Documentation

23/05/2014

2013/6850

Roads Corporation (Vicroads)/Transport - land/between Warren St in Echuca Vic & Perricoota Rd in Moama NSW/VIC/Construction of a second Murray River crossing Echuca-Moama, Vic

Preliminary Documentation

 

11/06/2014

 

2014/7228

Mr Mike Chapman/Commercial development/Groote Eylandt, approximately 650 km south-east of Darwin/NT/Develop open cut mining areas on the Eastern Leases (ELR28161 and ELR28162, Groote Eylandt, NT

Accredited Assessment Process under the Environmental Assessment Act (NT)

23/06/2014

 

 

 

 

 

DECISION ON APPROVAL (EPBC Act s.133)

Reference

Title

Approval Decision

Date

2014/7146

Peet Funds Management Limited/Residential development/Lot 609, Yanchep Beach Road, Yanchep/WA/Residential development, Lot 609, Yanchep Beach Road, Yanchep, WA

Approved with conditions

13/06/2014

2012/6653

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

Approved with conditions

27/06/2014

2013/6986

Peet Southern JV Pty Limited/Residential development/Lots 9035 & 9037, Wellard, City of Kwinana/WA/Residential development, Village of Wellard, City of Kwinana, WA

Approved with conditions

27/06/2014

2008/4465

John Duggin/Residential development/1180 Burma Rd, Yundi/SA/Clearing of Vegetation and Construction of a Fence

Approved with conditions

28/06/2014

2010/5515

Point Grey Development Pty Ltd/Transport - water/12km south west of the Mandurah City Centre/WA/Point Grey Marina Project

Approved with conditions

28/06/2014

2011/6122

Cooma-Monaro Shire Council/David Byrne/Water management and use/Pigring Creek, 6 km S of Nimmitabel/NSW/Construction of an on-stream water storage

Approved with conditions

30/06/2014

2013/6830

City of Busselton/Tourism and recreation/Busselton/WA/Busselton Foreshore Redevelopment from West Street to Ford Road

Approved with conditions

30/06/2014

2008/4214

Keith Altmann and Associates/Residential development/Lot 2 on PS507172U 100 Vinyard Road Sunbury/VIC/Subdivision of 100 Vineyard Road, Sunbury

Approved with conditions

02/07/2014

 

variation of conditions of approval (EPBC Act s.143)

Reference

Title

Date

2009/4976

Australia Pacific LNG Pty Limited/Energy generation and supply (non-renewable)/Western Downs of QLD to Curtis Island, Gladstone/QLD/Construct and operate 447km high pressure gas transmission pipeline

30/04/2014

2011/5800

Sonoma Mine Management Pty Ltd/Mining/6km S of the township of Collinsville and 94 km SW of Bowen/QLD/ Diversion of a stretch of Coral Creek to expand the northern reach of the open-cut pit mine

30/06/2014

2014/7146

Peet Funds Management Limited/Residential development/Lot 609, Yanchep Beach Road, Yanchep/WA/Residential development, Lot 609, Yanchep Beach Road, Yanchep, WA

01/07/2014

2004/1861

Queensland Department of Main Roads & NSW RTA/Land transport/Tugun to Tweed Heads/QLD/Tugun Bypass

03/07/2014

2010/5389

Ravensworth Operations Pty Ltd/Mining/26km from Singleton & 25km from Muswellbrook/NSW/Ravensworth Operations Project

03/07/2014

 

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

Reference

Title

Extended by (Days)

Date

2009/5240

Aquila Resources Limited/Mining/Blackwater/QLD/Washpool Coal Mine Project

31/07/2014

21/03/2014

2012/6336

Spencer Guf Port Link/Transport - water/Port Bonython, Eyre Peninsula, SA/SA/Port Bonython Bulk Commodities Export Facility, SA

31/10/2014

16/06/2014

2013/7064

Carabella Resources Ltd /Mining/MLA 80194 southeast of Bluff/QLD/Bluff open cut coal mine project, central Queensland

31/07/2014

01/07/2014

 

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

Exemption under section 158 of the

Environment Protection and Biodiversity Conservation Act 1999 (Cth)

 

 

I, Greg Hunt, Minister for the Environment, being satisfied that it is in the national interest to do so, exempt, under section 158 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act), the Director of National Parks and those acting on behalf of the Director of National Parks, from the application of all of the provisions of Part 3 and Chapter 4 of the EPBC Act in relation to the action specified in this notice.

 

Specified action

 

The establishment and operation of a captive management program for the Christmas Island Flying-fox (Pteropus melanotus natalis), including but not limited to:

  • the capture of a sufficient number of Christmas Island Flying-fox individuals on Christmas Island so as meet the objectives of the captive management program as recommended by expert advisors;
  • holding Christmas Island Flying-foxes in captivity for a minimum of three years;
  • captive husbandry of the Christmas Island Flying-foxes; and
  • release of individual Christmas Island Flying-foxes that may be reared in captivity into natural habitat on Christmas Island.

 

 

This exemption takes effect on the date of this notice.

 

 

 

SIGNED (The Hon Greg Hunt MP)

____________________________________________

Minister for the Environment

 

 

Dated this 26th day of June 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

Exemption under section 303A of the

Environment Protection and Biodiversity Conservation Act 1999 (Cth)

 

 

I, Greg Hunt, Minister for the Environment, being satisfied that it is in the national interest to do so, exempt, under section 303A of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act), the Director of National Parks and those acting on behalf of the Director of National Parks, from the application of all of the provisions of Part 13 of the EPBC Act in relation to the action specified in this notice.

 

Specified action

 

The establishment and operation of a captive management program for the Christmas Island Flying-fox (Pteropus melanotus natalis), including but not limited to:

  • the capture of a sufficient number of Christmas Island Flying-fox individuals on Christmas Island so as meet the objectives of the captive management program as recommended by expert advisors;
  • holding Christmas Island Flying-foxes in captivity for a minimum of three years;
  • captive husbandry of the Christmas Island Flying-foxes; and
  • release of individual Christmas Island Flying-foxes that may be reared in captivity into natural habitat on Christmas Island.

 

 

This exemption takes effect on the date of this notice.

 

 

 

SIGNED (The Hon Greg Hunt MP)

____________________________________________

Minister for the Environment

 

 

Dated this 26th day of June 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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. The Act was introduced to address the problem of environmental degradation and biodiversity loss by establishing a framework for the protection and management of the environment. The Parliament of Australia enacted this legislation to provide a comprehensive approach to environmental protection across Australia. The policy objective of the Act is to protect and conserve Australia's biodiversity, ecosystems, and heritage while promoting sustainable development. The Act includes provisions for the assessment and approval of activities that may have a significant impact on the environment, particularly those that affect matters of national environmental significance such as listed threatened species, communities, and migratory species. The Act also includes provisions for the management of invasive species, the protection of cultural heritage, and the regulation of international trade in endangered species. The Act empowers the Minister for the Environment to make decisions on whether certain activities require approval, to approve actions with conditions, and to exempt certain actions from the provisions of the Act where it is in the national interest to do so.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of activities and entities that may impact on matters of national environmental significance. These include listed threatened species and communities, listed migratory species, world heritage properties, and the marine environment. The Act applies to actions taken by individuals, corporations, and government entities within Australia and its territorial sea. The Commonwealth Minister for the Environment has the authority to declare certain actions as controlled actions, which require approval under the Act. The Act also includes provisions for assessing the potential environmental impacts of proposed actions and imposing conditions on approval to mitigate those impacts. Subordinate instruments may further define the scope and application of the Act. Certain actions may be exempt from the provisions of the Act if the Minister determines that it is in the national interest to do so. Such exemptions are subject to rigorous review and justification by the Minister.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) sets out various actions that may require approval under sections 75 and 133 of the Act. These actions include residential development (sections 18 and 18A), listed threatened species and communities, and listed migratory species (sections 20 and 20A). Approval decisions are made based on an assessment of the potential environmental impact of the proposed actions. In the case of the Sunland Group Project Management Pty Ltd, Milford Planning Consultants, and Roads Corporation (Vicroads), their projects require approval as they involve residential development and may impact listed threatened species and communities. Conversely, actions such as the Clarence Colliery Reject Emplacement Area VI project by Centennial Clarence Pty Ltd and the Offshore Fibre Optic Cable Network Construction & Operation project by Skiron Opco Pty Ltd do not require approval if they are undertaken in a particular manner. The Act imposes several obligations on parties or entities it governs. These include providing preliminary documentation for proposed actions that require approval, adhering to any conditions imposed by the Minister for the Environment as part of the approval process, and complying with any accredited assessment processes as determined by the Minister. In the case of Tronox Management Pty Ltd, the project will be assessed through an accredited assessment process with the Western Australian Government. There are also potential civil and criminal consequences for breaches of the EPBC Act. Under sections 158(7) and 303A(7) of the Act, the Minister for the Environment can exempt certain actions from the provisions of Part 3 and Part 13 of the Act, respectively, if it is in the national interest to do so. However, failure to comply with the Act can result in significant penalties, including fines of up to $666,666.67 for corporations and $66,666.67 for individuals, as well as imprisonment for up to five years. In the case of the Australia Pacific LNG Pty Limited, Sonoma Mine Management Pty Ltd, and Ravensworth Operations Pty Ltd, the conditions of their approvals have been varied, indicating a need for ongoing compliance with the Act. In summary, the EPBC Act governs actions that may require approval, imposes obligations on parties or entities, and includes potential civil and criminal consequences for non-compliance. Exemptions from certain provisions of the Act may be granted if it is in the national interest to do so.

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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.