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 |
2019/8471 | MAIN ROADS / Transport - Land / Road reserve, including existing roads, lots and easements / Western Australia / Bunbury Outer Ring Road Northern and Central Section Project, WA | - Listed threatened species and communities (sections 18 & 18A)
| 26/09/2019 |
2019/8484 | JEMENA NORTHERN GAS PIPELINE PTY LTD / Energy Generation and Supply (non-renewable) / Multiple Lots -Refer to Attachment for List of Land (and Lot / Plan) / Queensland / Galilee Gas Pipeline Project, Qld | - Listed threatened species and communities (sections 18 & 18A)
| 3/10/2019 |
actions determined as NOT requiring approval (EPBC Act s.75)
Reference | Title | Date |
2019/8489 | WESTERN SYDNEY UNIVERSITY / Commercial Development / 2-6 Hassall Street, Parramatta, NSW, 2150 / New South Wales / Western Sydney University Hassall St Precinct, Parramatta, NSW | 25/09/2019 |
2019/8501 | MAMABULANJIN ABORIGINAL CORPORATION / Agriculture and Forestry / Lot 350 on Plan 75852 / Western Australia / Native Orchard Development, 10km northeast of Broome WA | 27/09/2019 |
Assessment Approach (EPBC Act s.87)
Reference | Title | Assessment Approach | Date |
2019/8471 | MAIN ROADS / Transport - Land / Road reserve, including existing roads, lots and easements / Western Australia / Bunbury Outer Ring Road Northern and Central Section Project, WA | Preliminary Documentation | 26/09/2019 |
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2017/7864 | MAIN ROADS / Transport - Land / Brand Highway, Gingin, WA, 6503 / Western Australia / Brand Highway Widening and Passing Lanes Project 34.83-164.3 SLK | Approved with conditions | 25/09/2019 |
2018/8299 | ROBE RIVER MINING CO. PTY. LTD. / Mining / The Proposed Action is within (ML) 248SA pursuant to the Iron Ore Robe River Agreement Act 1964 (WA) / Western Australia / West Angelas Iron Ore Mine Deposits C, D and G, Pilbara, WA | Approved with conditions | 30/09/2019 |
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 (EPBC Act) was enacted to address the need for a comprehensive legislative framework that protects Australia's environment, particularly its biodiversity, and heritage. This Act provides the Commonwealth Government with the authority to protect and manage nationally and internationally significant flora, fauna, ecological communities, heritage places, and matters of environmental significance by controlling actions that have, will have, or might have a significant impact on these areas. The EPBC Act establishes the legislative basis for the Commonwealth's role in environmental protection and biodiversity conservation, ensuring a coordinated and integrated approach to these critical areas. The enactment of this Act was overseen by the Australian Parliament, with the policy objective of creating a unified system to safeguard Australia's environmental assets and cultural heritage, thereby promoting sustainable development.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to actions that may significantly impact matters of national environmental significance, which are defined under the Act and include World Heritage properties, nationally endangered species and ecological communities, wetlands of international significance, and other environmental aspects of national importance. The Act governs both Commonwealth and non-Commonwealth actions that are deemed to require approval, ensuring that potential environmental impacts are assessed and managed effectively. This applies to a wide range of entities, including corporations, individuals, and government bodies, and covers various industries such as transport, energy, agriculture, and mining. The geographic scope of the Act is national, encompassing all parts of Australia, and it extends to actions occurring both within and outside Australian territory if they impact on matters of national environmental significance. The Act provides certain exemptions, such as for actions by the Commonwealth, actions approved under other legislation, and minor actions that are unlikely to significantly impact the protected matters. The Act also allows for the extension or restriction of its application through subordinate instruments, which can further define specific actions or industries requiring approval or exempting certain activities from the Act’s purview.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs actions that have, or are likely to have, a significant impact on matters of national environmental significance, as outlined in sections 75 and 87 of the Act. These actions are subject to assessment and, if necessary, approval by the Minister for the Environment. For instance, the Bunbury Outer Ring Road Northern and Central Section Project in Western Australia is subject to assessment for its impact on listed threatened species and communities, as indicated in sections 18 and 18A. Similarly, the Galilee Gas Pipeline Project in Queensland is also assessed under these sections.
Entities and parties involved in activities that may affect national environmental matters must comply with the provisions of the EPBC Act. This includes providing necessary documentation and information as required by the Act, participating in the assessment process, and adhering to any conditions set forth in approval decisions. For example, Main Roads in Western Australia must submit preliminary documentation for the Bunbury Outer Ring Road Project, and Jemena Northern Gas Pipeline Pty Ltd must do the same for the Galilee Gas Pipeline Project.
Breaches of the EPBC Act can result in significant consequences. Offences under the Act can lead to both civil and criminal penalties. For instance, failure to comply with approval conditions or providing false or misleading information can result in substantial fines. The maximum penalties for such offences can vary depending on the severity and nature of the breach, but they can include significant financial penalties and, in some cases, imprisonment. It is essential for entities and individuals to adhere strictly to the requirements of the Act to avoid these potential penalties.