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 |
2017/7979 | A VINCENTI & A.M VINCENTI & G VINCENTI & G.M VINCENTI / Agriculture and Forestry / Lot 400, Canning Road, Carmel, Title submitted in attached documents / Western Australia / Clearing of Lot 400 Canning Road, Carmel, WA | - Listed threatened species and communities (sections 18 & 18A)
| 9/08/2017 |
2018/8288 | ROADS AND MARITIME SERVICES / Transport - Land / 15 km north of Raymond Terrace / New South Wales / M1 Motorway extension to Raymond Terrace, NSW | - Listed threatened species and communities (sections 18 & 18A)
| 14/01/2019 |
actions determined as NOT requiring approval (EPBC Act s.75)
Reference | Title | Date |
2018/8327 | MELTON CITY COUNCIL / Tourism and Recreation / MacPherson Park - 783-857 COBURNS ROAD HARKNESS 3337 Lot and Plan Number: Lot 1 LP116531 / Victoria / MacPherson Park Redevelopment, Toolern Vale, Vic | 18/01/2019 |
2018/8329 | SENEX ASSETS PTY LTD / Energy Generation and Supply (non-renewable) / Multiple lots and land parcels / Queensland / Project Atlas CSG Project, between Wollumbilla and Wandoan, Qld | 18/01/2019 |
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2012/6388 | WYONG COAL PTY LTD / Mining / North-West of Wyong / New South Wales / Wallarah 2 Coal Project | Approved with conditions | 18/01/2019 |
2017/8070 | Department of Economic Development, Jobs, Transport, and Resources (VIC) / Transport - Land / Lot 1 and 2 of Title Plan 333725, Crown Allotment 33D and Crown Allotment’s 84L, 84M, 84N, 2001, 3 / Victoria / South Gippsland Highway Realignment, Koonwarra, Vic | Approved with conditions | 18/01/2019 |
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 (C2019G00074) was enacted by the Australian Parliament to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This Act was introduced to address gaps in environmental protection by providing a framework for the conservation of biodiversity and the management of environmental impacts at a national level. The Department of the Environment and Energy, as the administering body, ensures that the Act is implemented effectively through various measures including the notification of public decisions on referrals for approval. Despite the Department’s efforts to adhere to notification timeframes, occasional missed notifications do occur, and where these are identified, the Department commits to notifying the public to maintain transparency and integrity in the referral process. This commitment ensures that the public remains informed about decisions affecting national environmental assets, even if notifications are made after the statutory timeframes.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to any actions that may significantly impact matters of national environmental significance, which include matters such as World Heritage properties, listed threatened species and ecological communities, and Ramsar listed wetlands. This legislation applies to individuals, corporations, and government entities undertaking activities that could affect these environmental matters, irrespective of the location within Australia. The EPBC Act has a broad jurisdictional reach as it is a Commonwealth Act, thus applicable across all states and territories. However, certain actions may be exempt from the need for approval if they do not meet the thresholds set out in the Act or if they are specifically excluded under its provisions. The application and interpretation of the EPBC Act can be extended or restricted through subordinate instruments such as regulations or guidelines issued by the relevant authorities. The Act ensures that any referrals for approval are processed and notifications are made in a timely manner, although the Department of the Environment and Energy acknowledges that occasional delays may occur and commits to notifying the public of any missed notifications, even if outside the required timeframe.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) outlines the requirements for actions that may affect matters of national environmental significance. Under sections 75 and 133 of the Act, the main operative sections determine whether a proposed action requires approval and, if so, whether that approval is granted with certain conditions. For instance, section 75 stipulates the actions that are deemed to require approval, while section 133 pertains to the decision-making process for granting such approvals.
The EPBC Act imposes various obligations on parties or entities involved in actions that may impact listed threatened species and communities, as indicated in sections 18 and 18A. These sections require developers to identify and mitigate any potential harm to protected species or ecological communities. For example, the referral for the clearing of Lot 400 Canning Road in Carmel, Western Australia, and the extension of the M1 Motorway in Raymond Terrace, New South Wales, both necessitated assessments of their impacts on listed threatened species and communities.
There are significant consequences for non-compliance with the EPBC Act. The Act establishes a range of offences and penalties for breaches, including both civil and criminal sanctions. The maximum penalties can vary depending on the severity of the breach, but they can include substantial fines and, in some cases, imprisonment. The Department of the Environment and Energy has implemented quality assurance procedures to ensure timely notifications to the public, and while missed notifications may occur, they do not affect the decision-making process or the approval of projects. However, late notifications are rectified to maintain transparency and public access to information.