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 |
2015/7477 | Newman Quarrying Pty Ltd/Mining/Grafton/NSW/Sly's sandstone quarry expansion, Mororo, NSW | - Listed threatened species and communities (sections 18 & 18A)
| 10/07/2015 |
2015/7500 | AMG WA Pty Ltd/Mining/Waroona/WA/Sand Extraction Jackson Block, Lot 3 Buller Road, Waroona, WA | - Listed threatened species and communities (sections 18 & 18A)
| 10/07/2015 |
actions determined as NOT requiring approval (EPBC Act s.75)
Reference | Title | Date |
2015/7493 | Premier Coal Pty Ltd/Energy generation and supply (non-renewable)/Collie/WA/Premier Coal Mine Pit 3 North Extension, Collie, WA | 04/07/2015 |
2015/7423 | Chevron Australia Pty Ltd/Energy generation and supply (non-renewable)/North West Shelf/WA/Thevenard Island Retirement Project | 09/07/2015 |
2015/7481 | Gold Right Pty Ltd/Residential development/Lot 805 Mandurah Road, Karnup/WA/Urban development, Lot 805 Mandurah Road, Karnup, WA | 09/07/2015 |
2015/7445* | Ecove Group Pty Ltd/Residential development/Sydney Olympic Park/NSW/Site 68, Sydney Olympic Park mixed development, Homebush, NSW | 10/07/2015 |
* 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 |
2015/7477 | Newman Quarrying Pty Ltd/Mining/Grafton/NSW/Sly's sandstone quarry expansion, Mororo, NSW | Preliminary Documentation | 10/07/2015 |
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2011/6201 | Shenhua Watermark Coal Pty Limited/Mining/35km South East of Gunnedah/NSW/Watermark Coal Project | Approved with conditions | 04/07/2015 |
2013/6984 | Main Roads Western Australia/Transport - land/Cape Leveque Road (SLK 25 - 102.6) Shire of Broome/WA/Cape Leveque Road upgrade, Stage 3, Shire of Broome, WA | Approved with conditions | 06/07/2015 |
2013/6836 | Director of National Parks/Commonwealth/Christmas Island/Christmas Island/Yellow Crazy Ant Biological Control | Approved without conditions | 08/07/2015 |
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.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Australian Parliament to provide for the protection of the environment, particularly matters of national environmental significance, by regulating activities that may have a significant impact on the environment. The Act addresses the need for a coordinated approach to environmental protection across Australia, ensuring that the federal government, states, and territories work together to manage environmental risks and impacts. The policy objective of the EPBC Act is to protect and conserve Australia’s biodiversity and environment through a comprehensive and precautionary approach, balancing environmental protection with economic and social considerations. The Act establishes mechanisms for assessing and approving activities that may affect listed threatened species, communities, and ecological communities, as well as other matters of national environmental significance.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to any person or entity proposing to undertake an action that is listed as a controlled action under the Act, such as mining, residential development, or energy generation and supply. The scope of the Act is national, covering all territories within Australia, and it aims to protect and conserve Australia's biodiversity and environment. The Act applies to proposed actions that may have a significant impact on matters of national environmental significance, such as listed threatened species and communities. The Act may also apply to certain actions through subordinate instruments, which may extend or restrict the application of the Act. There are some exclusions and exemptions from the application of the Act, such as actions undertaken in a particular manner as specified by the Act. The Department of the Environment is responsible for administering the Act and providing notifications to the public regarding the processing of referrals for approval under the Act.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the "Act") includes several key provisions which govern the assessment and approval of actions that may impact on matters of national environmental significance. Section 75 of the Act determines which actions require approval and which do not. For example, actions such as mining operations that may impact on listed threatened species and communities (sections 18 & 18A) require approval, while certain energy generation and supply actions (non-renewable) and residential developments may not require approval provided they are undertaken in a specific manner. Preliminary documentation is provided for actions that require approval, such as the expansion of a sandstone quarry in Mororo, NSW, by Newman Quarrying Pty Ltd (EPBC Act s.87).
The Act imposes various obligations and requirements on parties or entities governed by it. For example, those seeking approval for an action that may impact on listed threatened species and communities must submit an application that includes detailed information about the action and its potential environmental effects (EPBC Act s.133). The application must also be accompanied by a referral to the relevant Minister or Ministers. In some cases, the Minister or Ministers may refer the application to the Minister for the Environment for consideration under the Act. Once an application is received, the Minister or Ministers must assess it and decide whether to approve the action, with or without conditions, or to refuse approval. If approval is granted, the party or entity must comply with any conditions imposed by the Minister or Ministers.
Failure to comply with the requirements of the Act may result in civil or criminal penalties, depending on the nature and severity of the breach. For example, a party or entity that carries out an action that requires approval under the Act without obtaining approval may be liable to a fine of up to $666,666 for a corporation or $133,333 for an individual (EPBC Act s.528). Similarly, a party or entity that fails to comply with a condition imposed by the Minister or Ministers on an approval may be liable to a fine of up to $666,666 for a corporation or $133,333 for an individual (EPBC Act s.528A). In addition to financial penalties, a party or entity that breaches the Act may also be subject to other civil or criminal consequences, such as injunctions or imprisonment. It is therefore important for parties or entities governed by the Act to familiarise themselves with its requirements and to seek legal advice if necessary to ensure compliance.