DEPARTMENT OF THE ENVIRONMENT AND ENERGY
Environment Protection and Biodiversity Conservation Act 1999
For further information see the referrals list at http://epbcnotices.environment.gov.au/referralslist/
and type the reference number in the Filter by Referral Number box
actions determined as requiring approval (EPBC Act s.75)
Reference | Title | Controlling Provisions | Date |
2017/8124 | FI JOINT VENTURE PTY. LTD./Mining/Tenements M 5900637, M 5900740, L 5900156, P 5902133/Western Australia/Yogi Magnetite Project, 225km east, northeast of Geraldton, WA | - Listed threatened species and communities (sections 18 & 18A)
| 20/04/2018 |
2017/8111 | LV Property Investments Pty Ltd/Residential Development/48 Creek Road, Lenah Valley, TAS, 7008/Tasmania/Residential Development, West Moonah and Lenah Valley, Tas | - Listed threatened species and communities (sections 18 & 18A)
| 24/04/2018 |
2018/8148 | CRYSTAL CREEK PROPERTIES PTY. LTD./Agriculture and Forestry/CA33A, 10685/331/Victoria/Inverlochy farming property 175 Northern Highway Wallan, VIC | - Listed threatened species and communities (sections 18 & 18A)
| 24/04/2018 |
actions determined as NOT requiring approval (EPBC Act s.75)
Reference | Title | Date |
2018/8145 | 316 Property Pty Ltd/Residential Development/Lot 4 Anketell Road, Anketell. The Certificate of Title describe the land as Lot 4 on Plan 4746. /Western Australia/Subdivision, Lot 4 Anketell Road, Anketell, WA | 10/04/2018 |
2017/8060 | Alcoa of Australia Limited/Mining/Coal MIne Road, Anglesea/Victoria/Anglesea Mine South Wall Vegetation removal, Anglesea, Vic | 20/04/2018 |
2018/8157 | K.J HUMICH & HUMICH NOMINEES PTY. LTD./Residential Development/Lot 196 & 698 Thomas Rd, Oakford; Lot 197 & 213 Nicholson Rd, Oakford/Western Australia/Oakford Village development, Shire of Serpentine-Jarrahdale, WA | 20/04/2018 |
2017/8080 | PARKS VICTORIA/Tourism and Recreation/Multiple lots within Property No 2232794/Victoria/Grampians Peaks Trail, Vic | 24/04/2018 |
2017/8137 | MORTLAKE SOUTH WIND FARM PTY LTD/Energy Generation and Supply (renewable)/Multiple lots/Victoria/Mortlake South Wind Farm, 5 km south of Mortlake, Vic | 24/04/2018 |
* Actions which are not controlled actions provided they are undertaken in a particular manner. Further information on provision and manner specified is available from http://epbcnotices.environment.gov.au/referralslist/
Assessment Approach (EPBC Act s.87)
Reference | Title | Assessment Approach | Date |
2017/8124 | FI JOINT VENTURE PTY. LTD./Mining/Tenements M 5900637, M 5900740, L 5900156, P 5902133/Western Australia/Yogi Magnetite Project, 225km east, northeast of Geraldton, WA | Accredited Assessment Process under Part IV of the Environment Protection Act 1986 (WA) | 20/04/2018 |
2018/8155 | CITY OF BUSSELTON/Transport - Land/Causeway Road, Busselton, WA, 6280/Western Australia/Eastern Link Project, Busselton WA | Preliminary Documentation | 23/04/2018 |
2017/8111 | LV Property Investments Pty Ltd/Residential Development/48 Creek Road, Lenah Valley, TAS, 7008/Tasmania/Residential Development, West Moonah and Lenah Valley, Tas | Preliminary Documentation | 24/04/2018 |
2018/8148 | CRYSTAL CREEK PROPERTIES PTY. LTD./Agriculture and Forestry/CA33A, 10685/331/Victoria/Inverlochy farming property 175 Northern Highway Wallan, VIC | Preliminary Documentation | 24/04/2018 |
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 and Energy or may not meet timeframes for notification. The Department of the Environment and Energy 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 and Energy 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 (the EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, by regulating actions that have, will have, or might have a significant impact on the environment. This Act was established by the Parliament of Australia and its policy objective is to ensure that proposed developments and activities are assessed for their potential environmental impacts, particularly those that may affect matters of national environmental significance, such as listed threatened species and communities. The EPBC Act aims to facilitate the protection and conservation of the environment while allowing for sustainable development. The Act plays a crucial role in managing and mitigating the environmental impacts of various activities across Australia, ensuring that developments are carried out in a manner that preserves the nation's biodiversity and environmental integrity.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to a broad range of activities and entities, including individuals, corporations, and government bodies, which may impact matters of national environmental significance. This encompasses actions such as mining, residential development, agriculture, and forestry, among others. The legislation has a national jurisdiction, applying across all states and territories in Australia. It also extends to actions occurring outside Australia's territorial limits if they have a significant impact on a matter of national environmental significance within Australia. However, certain actions may be exempt from the Act if they fall below specified thresholds or if they are otherwise excluded by the legislation. The application and enforcement of the Act can be further detailed or refined through subordinate instruments, which provide additional regulations and guidelines.
Key Provisions
The main sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) relevant to the projects mentioned in the gazette include sections 75, 18, and 18A. Section 75 requires the Minister to determine whether a proposed action is a controlled action, which is an action that may have a significant impact on matters of national environmental significance. Sections 18 and 18A concern listed threatened species and ecological communities, respectively. If a proposed action may impact these, it is considered a controlled action.
Under the EPBC Act, proponents of actions determined to require approval must undertake an assessment of the potential environmental impacts of the action and submit a referral to the Minister for decision. The Minister must consider the referral, including any submissions received from the public, and determine whether the action should be approved, with conditions, or not approved. For instance, the Yogi Magnetite Project in Western Australia and the residential development in Lenah Valley, Tasmania, required approval as they may impact listed threatened species and communities.
Failure to comply with the requirements of the EPBC Act, including submitting a referral for a controlled action or not obtaining approval for an action that requires it, may result in offences and penalties. The Act provides for civil and criminal penalties for non-compliance, including fines of up to $666,000 for a corporation and imprisonment for up to five years for an individual. These penalties are in addition to any other remedies or orders that may be available under the Act or other legislation.
The EPBC Act also provides for the Minister to take enforcement action in cases of non-compliance, including issuing infringement notices, initiating legal proceedings, and seeking injunctions or other court orders. The Act also provides for the public to initiate legal proceedings for certain breaches of the Act. Furthermore, non-compliance with the Act may result in reputational damage for the proponent and potential financial losses due to project delays or abandonment.