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 |
2019/8495 | ELECTRICITY GENERATION AND RETAIL CORPORATION / Energy Generation and Supply (non-renewable) / Lot 5192 on deposited plan 213624, Muja. / Western Australia / Muja Power Station FAD Raising Project, near Collie, WA | - Listed threatened species and communities (sections 18 & 18A)
| 11/10/2019 |
2019/8505 | CITY OF WHITTLESEA / Transport - Land / Primarily 135 Williamsons Road, South Morang, or Lot A PS635830 / Victoria / Findon Road Extension, South Morang, VIC | - Listed threatened species and communities (sections 18 & 18A)
| 14/10/2019 |
actions determined as NOT requiring approval (EPBC Act s.75)
Reference | Title | Date |
2019/8450 | Department of Environment and Science / Tourism and Recreation / Lot 428 Plan NPQ621 / Queensland / Whitsunday Island Craig Trail, Qld | 14/10/2019 |
Assessment Approach (EPBC Act s.87)
Reference | Title | Assessment Approach | Date |
2019/8495 | ELECTRICITY GENERATION AND RETAIL CORPORATION / Energy Generation and Supply (non-renewable) / Lot 5192 on deposited plan 213624, Muja. / Western Australia / Muja Power Station FAD Raising Project, near Collie, WA | Preliminary Documentation | 11/10/2019 |
2019/8505 | CITY OF WHITTLESEA / Transport - Land / Primarily 135 Williamsons Road, South Morang, or Lot A PS635830 / Victoria / Findon Road Extension, South Morang, VIC | Preliminary Documentation | 14/10/2019 |
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2017/8130 | MIDDLEMOUNT COAL PTY LTD / Mining / Middlemount Coal Mine, Middlemount, QLD, 4746 / Queensland / Middlemount Coal Mine Western Extension Project, Qld | Approved with conditions | 8/10/2019 |
2016/7817 | Mirvac Queensland Pty Limited / Residential Development / 138-168 Teviot Rd, 456-522 Greenbank Rd and 96-102 Brightwell Street, Greenbank / Queensland / Mirvac Greater Flagstone Project - Master Planned Development, Greenbank, Qld | Approved with conditions | 11/10/2019 |
2016/7843 | ROBE RIVER MINING CO PTY LTD / Mining / 43km west of Pannowonica, Pilbara region / Western Australia / Extension of Mesa A / Warramboo Iron Ore Project, west of Pannawonica, WA | Approved with conditions | 16/10/2019 |
NOTICE OF EXTENSION OF TIME (EPBC Act s.130(4))
Reference | Title | Extended to | Date |
2015/7600 | United Collieries Pty Ltd / Mining / 134 Jerrys Plains Road, Warkworth / New South Wales / United and Wambo open cut coal mine project, Hunter Valley, NSW | 18/12/2019 | 15/10/2019 |
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 by the Australian Parliament to address the protection of the environment, particularly biodiversity, and to manage the impacts of proposed activities that may affect the environment. The EPBC Act establishes a framework for assessing and regulating activities that could have a significant impact on matters of national environmental significance, including listed threatened species, communities, and ecological places. The Act aims to ensure that environmental considerations are integrated into decision-making processes for various projects and activities. The Department of the Environment and Energy is responsible for administering the EPBC Act and its policy objective is to protect and manage the environment, including threatened species and communities, through effective regulation and assessment of activities that may impact the environment.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide array of entities, industries, and activities across Australia that may impact on matters of national environmental significance. This includes actions that could affect listed threatened species and ecological communities, World Heritage properties, wetlands of international significance, nuclear actions, and other specified matters. The legislation imposes obligations on various entities, including Commonwealth entities, corporations, and individuals, to ensure that their actions do not harm these protected matters unless approved under the Act. The geographic reach of the Act is national, applying to projects and actions throughout Australia, including those in state and territory jurisdictions. However, certain exclusions and exemptions apply, such as activities conducted under existing state or territory laws that are deemed to be equivalent to the protections provided under the EPBC Act. The Act's application can be extended or restricted through subordinate instruments, which allow for detailed regulations and guidelines that further define the scope and requirements of the legislation.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) includes several key sections that dictate the requirements and approvals for actions that may impact the environment. Section 75 outlines the actions that require approval under the EPBC Act, while section 133 details the decision on approval, which can be granted with certain conditions. Section 87 refers to the assessment approach taken for each referral. The Act also includes sections 18 and 18A, which pertain to listed threatened species and communities.
Under the EPBC Act, parties or entities must comply with the approval requirements set out in section 75 and follow the assessment approach detailed in section 87. For actions that require approval, entities must submit relevant documentation and meet the conditions outlined in section 133. Additionally, entities must take into consideration the potential impact on listed threatened species and communities as per sections 18 and 18A.
Failure to comply with the EPBC Act can result in civil and criminal penalties. The Act allows for penalties, both civil and criminal, to be imposed on individuals or entities that breach its provisions. The maximum penalties can vary depending on the specific breach, but they may include fines and/or imprisonment. It is essential for parties or entities to adhere to the Act to avoid any potential legal consequences.