DEPARTMENT OF SUSTAINABILITY, ENVIRONMENT, WATER, POPULATION
and COMMUNITIES
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 |
2013/6792 | Roads Corporation (Vicroads)/Transport - land/Kilmore within the Shire of Mitchell/VIC/Construction of the Kilmore - Wallan bypass road | - Listed threatened species and communities (sections 18 & 18A)
| 16/04/2013 |
actions determined as NOT requiring approval (EPBC Act s.75)
Reference | Title | Date |
2013/6736 | Department of Environment, Water and Natural Resources/Natural resources management/Approximately 24km south of Naracoorte/SA/Reinstatement of original water regime for Bool and Hacks Lagoon, SA | 04/03/2013 |
2013/6733 | Cardinia Shire Council/Tourism and recreation/Pakenham/VIC/Cardinia Motor Recreation and Education Park | 11/04/2013 |
2013/6782 | Westfield Design and Construction Pty Ltd/Commercial development/Within commercial precinct of Parramatta /NSW/Westfield Parramatta Retail Extension - Stage 1 | 11/04/2013 |
2013/6783 | Westfield Design and Construction Pty Ltd/Commercial development/Within commercial precinct of Parramatta/NSW/Westfield Parramatta Commercial Extension - Stage 2 | 11/04/2013 |
2013/6785 | Mr Hugh Broun/Private/65 Knapton Road, Balingup/WA/Proposed 15,000 bird barn-laid egg farm, Balingup, WA | 11/04/2013 |
2013/6772 | Tipalea Property Fund No.9 Pty Ltd/Commercial development/28 Dixon Drive, Pimpama/QLD/Development of the Pimpama Junction Shopping Centre Precinct | 12/04/2013 |
2013/6786 | Cairns Regional Council/Natural resources management/Approximately 2km west of Babinda/QLD/To undertake flood prevention works to Giddens Creek | 12/04/2013 |
Assessment Approach (EPBC Act s.87)
Reference | Title | Assessment Approach | Date |
2012/6587 | MZI Limited/Mining/Bathurst Island/NT/Kilimiraka Mineral Sands and Associated Infrastructure (Bathurst Island), NT | Accredited Assessment Process at the level of Environmental Impact Statement under the Northern Territory Environmental Assessment Act 1982 | 11/04/2013 |
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2012/6360 | Transport for NSW/Transport - land/North West NSW/NSW/North West Rail Link | Approved with conditions | 11/04/2013 |
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 Sustainability, Environment, Water, Population and Communities or may not meet timeframes for notification. The Department of Sustainability, Environment, Water, Population and Communities 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 Sustainability, Environment, Water, Population and Communities 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 provide for the protection of the environment, particularly matters of national environmental significance, under one Act. The Act addresses the problem of fragmented environmental protection responsibilities by consolidating federal environmental laws, thereby creating a more streamlined and cohesive framework for environmental management. The enacting body for the EPBC Act is the Parliament of Australia, and the policy objective is to promote the conservation of biodiversity and protect the environment, particularly focusing on significant ecological, cultural, and heritage values. The EPBC Act is administered by the Department of Sustainability, Environment, Water, Population and Communities, which is responsible for ensuring that the provisions of the Act are effectively implemented, including the oversight of approvals and assessments related to actions that may impact the environment.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a Commonwealth Act that applies to various actions, entities, and industries across Australia. The Act is administered by the Department of Sustainability, Environment, Water, Population and Communities and covers a wide range of activities including land transport, mining, commercial development, natural resource management, and tourism and recreation. The geographic reach of the Act is national, with provisions applicable in all states and territories of Australia. The Act includes provisions for the assessment and approval of actions that may have a significant impact on matters of national environmental significance, such as listed threatened species and ecological communities, World Heritage properties, and wetlands of international significance. The Act also provides for the making of regulations and other subordinate instruments to further define the application and implementation of the Act. Certain actions may be exempt from the need for approval under the Act, as determined by the Minister or through the development of regulations. Where an action requires approval, the Act provides for a range of assessment approaches, from referral to an accredited assessment process, to a full environmental impact statement.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) outlines key provisions for the protection and conservation of biodiversity, including the assessment and approval of actions that may significantly impact the environment. Section 75 of the Act identifies actions that require approval, while section 133 details those actions that do not require approval. For instance, the construction of the Kilmore-Wallan bypass road in Victoria (EPBC Act s.75) is determined to require approval, whereas the reinstatement of the original water regime for Bool and Hacks Lagoon in South Australia (EPBC Act s.75) does not require approval.
The EPBC Act imposes several obligations on parties involved in actions that require approval. For example, proponents must submit detailed environmental impact assessments to the Department of Sustainability, Environment, Water, Population and Communities. This includes providing information on potential impacts on listed threatened species and communities (sections 18 & 18A). The department, in turn, is required to assess these submissions and make decisions based on the information provided. In cases where the department identifies a missed notification, it is mandated to notify the public even if the timeframe for notification has lapsed, ensuring transparency and public awareness.
The Act also outlines specific offences and penalties for non-compliance. For instance, any action taken in contravention of the Act may result in civil or criminal penalties. The specific penalties can vary based on the nature and severity of the breach. For actions that significantly impact the environment without proper approval, maximum penalties can include substantial fines and, in severe cases, imprisonment. The EPBC Act thus serves to both protect the environment and hold violators accountable through its detailed regulatory framework.