DEPARTMENT OF AGRICULTURE, WATER AND THE ENVIRONMENT
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 |
2020/8784 | Main Roads Western Australia / Transport - Land / Intersection of Roe Highway and Great Eastern Highway Bypass – Roe Highway SLK 37.54 / Western Australia / Roe Highway and Great Eastern Highway Bypass Grade Separation Interchange, Hazelmere WA | - Listed threatened species and communities (sections 18 & 18A)
| 12/10/2020 |
2020/8773 | ACCIONA ENERGY AUSTRALIA GLOBAL PTY LTD / Energy Generation and Supply (renewable) / Lot 2 SP301578 and Lot 1 SP157677 / Queensland / Aldoga Solar Farm Project | - Listed threatened species and communities (sections 18 & 18A)
| 16/10/2020 |
actions determined as NOT requiring approval (EPBC Act s.75)
Reference | Title | Date |
2020/8781 | Mynora Investments Pty Limited / Residential Development / Caswell St, off South Head Road, Moruya / New South Wales / Caswell Street - Moruya East | 15/10/2020 |
2020/8763 | SE Campbell Development Pty Ltd / Energy Generation and Supply (renewable) / 15 km south of Harvey / Western Australia / Benger Solar Farm Connection Project - WA | 19/10/2020 |
Assessment Approach (EPBC Act s.87)
Reference | Title | Assessment Approach | Date |
2020/8784 | Main Roads Western Australia / Transport - Land / Intersection of Roe Highway and Great Eastern Highway Bypass – Roe Highway SLK 37.54 / Western Australia / Roe Highway and Great Eastern Highway Bypass Grade Separation Interchange, Hazelmere WA | Preliminary Documentation | 12/10/2020 |
2020/8773 | ACCIONA ENERGY AUSTRALIA GLOBAL PTY LTD / Energy Generation and Supply (renewable) / Lot 2 SP301578 and Lot 1 SP157677 / Queensland / Aldoga Solar Farm Project | Preliminary Documentation | 16/10/2020 |
2020/8795 | Canberra Airport Pty Limited / Transport - Air and Space / Canberra Airport / Australian Capital Territory / s160 - 1 George Tyson Drive, Canberra Airport - edMDP | Accredited Assessment Process under the Airports Act 1996 (Cth) | 19/10/2020 |
NOTICE OF EXTENSION OF TIME (EPBC Act s.130(4))
Reference | Title | Extended to | Date |
2018/8359 | LENDLEASE COMMUNITIES (PINE VALLEY) PTY LIMITED / Residential Development / Multiple Lots. Refer to Attachment 2. / Queensland / Pine Valley Residential Development, Morayfield, Qld | 4/11/2020 | 27/08/2020 |
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 Agriculture, Water and the Environment or may not meet timeframes for notification. The Department of Agriculture, Water and 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 Agriculture, Water and 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 address the problem of protecting and managing the environment, particularly in relation to matters of national environmental significance. The EPBC Act provides a framework for the assessment and approval of actions that may have a significant impact on the environment, including listed threatened species and communities. It aims to ensure that such actions are carefully considered and managed to mitigate potential environmental harm. The Department of Agriculture, Water and the Environment is responsible for administering the EPBC Act and ensuring compliance with its provisions. The policy objective of the EPBC Act is to protect and conserve Australia's environment, including its biodiversity and natural heritage, and to promote sustainable development that balances environmental protection with economic and social needs.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of entities, industries, and actions that may impact matters of national environmental significance, including listed threatened species and communities. The Act is primarily concerned with regulating actions that are designated as requiring approval under section 75, which includes activities that could potentially harm listed threatened species or communities. The geographic reach of the Act is national, extending across all states and territories of Australia. However, certain actions may not require approval under the Act, as determined through the referral process and outlined in the Gazette. Subordinate instruments can extend or restrict the application of the Act by specifying additional criteria or thresholds for approval. Notably, the EPBC Act can also apply to projects that have been assessed through accredited processes under other Commonwealth legislation, such as the Airports Act 1996, as evidenced by the Canberra Airport project referral.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) contains various sections that govern environmental protections and biodiversity conservation, including provisions for approval of certain actions (sections 75 and 87). For example, section 75 of the EPBC Act outlines the actions that require approval, such as developments that may impact listed threatened species and communities (sections 18 and 18A), while section 87 specifies the assessment approach for these actions. Section 130(4) of the Act also allows for the extension of time for the submission of referral documentation, providing flexibility in the assessment process.
Entities and individuals subject to the EPBC Act must comply with various obligations and requirements to ensure the protection of the environment and biodiversity. These obligations include notifying the Department of Agriculture, Water and the Environment of actions that may impact listed threatened species or communities, providing necessary documentation for assessment, and adhering to the timelines set forth in the Act. For instance, in the case of the Aldoga Solar Farm Project (Reference 2020/8773), ACCIONA ENERGY AUSTRALIA GLOBAL PTY LTD must submit the required documentation for assessment and approval under the EPBC Act.
Failure to comply with the EPBC Act can result in various consequences, including both civil and criminal penalties. The Act imposes strict penalties for non-compliance, including fines and imprisonment. For example, section 528 of the Act provides for a maximum penalty of $66,000 or imprisonment for one year, or both, for individuals found guilty of contravening the Act. Additionally, section 529A outlines the penalties for corporations, which can include fines of up to $330,000 for serious or repeated breaches. These penalties underscore the importance of compliance with the Act and the potential legal ramifications for non-compliance.