Actions Determined as Requiring Approval, Actions Determined as Not Requiring Approval, Assessment Approach, Decision on Approval and Variation of Conditions of Approval

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2017G00809 In force Gazette

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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

2017/7944

Australian Rail Track Corporation / Transport – Land / southwest of Ipswich / Queensland / Inland Rail Calvert to Kagaru Project

  • Listed threatened species and communities (sections 18 & 18A)

21/06/2017

2017/7918

Cooper St Epping Pty Ltd / Commercial Development / 415- 425 Cooper Street, Epping, VIC, 3076 / Victoria / 415-425 Cooper Street, Epping, Victoria

  • Listed threatened species and communities (sections 18 & 18A)

26/06/2017

2017/7921

INGHAMS GROUP LIMITED / Residential Development / Lot 1665 Wanneroo Rd, Sinagra / Western Australia / Lot 1665 Wanneroo Road, Sinagra

  • Listed threatened species and communities (sections 18 & 18A)

28/06/2017

2017/7929

NORTHERN TERRITORY IRON ORE PTY LTD / Mining / Roper Highway , Roper Valley, NT, 0852 / Northern Territory / Roper Valley Iron Ore Project, NT

  • Listed threatened species and communities (sections 18 & 18A)
  • Listed migratory species (sections 20 & 20A)
  • Commonwealth marine areas (sections 23 & 24A)

29/06/2017

2017/7931

LAKE MACQUARIE CITY COUNCIL / Residential Development / Lot 414 DP866775 / New South Wales / Wyndham Way Eleebana Residential Subdivision

  • Listed threatened species and communities (sections 18 & 18A)

29/06/2017

2017/7956

DEVONPORT CITY COUNCIL / Transport – Land / 26/29 Squibbs Road, Spreyton, TAS, 7310 / Tasmania / Squibbs Road Drainage Improvements, Spreyton, Tas

  • Listed threatened species and communities (sections 18 & 18A)

5/07/2017

2017/7959

Samoan Independent Seventh Day Adventist Church/Private / 700 Barry Road, Broadmeadows, VIC, 3047 / Victoria / Church, Hall & Community Facility, 700 Barry Road, West Meadows, Victoria

  • Listed threatened species and communities (sections 18 & 18A)

5/07/2017

2017/7919

KALBAR RESOURCES LTD. / Mining / 1265 Fernbank-Glenaladale Road, Fernbank, VIC, 3864 / Victoria / Fingerboards Mineral Sands Project, East Gippsland, Vic

  • Wetlands of international importance (sections 16 & 17B)
  • Listed threatened species and communities (sections 18 & 18A)
  • Listed migratory species (sections 20 & 20A)
  • Nuclear actions (sections 21 & 22A)

6/07/2017

 

actions determined as NOT requiring approval (EPBC Act s.75)

Reference

Title

Date

2016/7762

Main Roads Western Australia / Transport – Land / Approximately 10km north of Kojonup, WA / Western Australia / Upgrade section of Albany Highway, Harold Road Passing Lane, WA

19/10/2016

2017/7945

WALKER RIVERSIDE DEVELOPMENTS PTY LIMITED / Commercial Development / Pt Lot 9 DP 46426, Pt Lot 100 DP 59055 Pt Pieces 1 and 3 DP 46426 Pt Crown Record Vol 5758 Folio 143 / South Australia / Adelaide Festival Plaza

15/06/2017

2017/7942*

First Solar (Australia) PTY LTD / Energy Generation and Supply (renewable) / Lot 27 on LY624 / Queensland / Chinchilla Solar Farm

16/06/2017

2017/7917

QUBE WATTLEUP DEVELOPMENT PTY LTD / Residential Development / Lots 71, 74, 75, 303, 304 and 305 Wattleup Road, Hammond Park / Western Australia / Hammond West Urban Development, Hammond Park, WA

21/06/2017

2017/7946

Sunshine Coast Regional Council / Waste Management (non-sewerage) / Lot 4 RP803104 / Queensland / Nambour Landfill Expansion, Cooney Road, Bli Bli

21/06/2017

2017/7937*

Melbourne Water Corporation / Water Management and Use / north east of Melbourne, near Yarra Glen / Victoria / Maroondah Aqueduct Replacement Project-adueduct decommissioning, near Yarra Glen, Vic

22/06/2017

2017/7949

DISTRICT COUNCIL OF FRANKLIN HARBOR / Transport – Land / Second Street, Cowell, SA, 5602 / South Australia / Franklin Harbour Foreshore Project

28/06/2017

2017/7958

UNILAND PTY. LTD. / Residential Development / Lots 1 & 2 on RP87500; Lots 5-10 and 12-17 on RP75165; and Lot 18 on RP69231 / Queensland / Proposed Residential Development at 173-215 Paradise Road and 204 Learoyd Road, Willawong

28/06/2017

2017/7948

Symbolise Holdings Pty Ltd / Residential Development / Lot 29 Barfield road Hammond Park / Western Australia / Lot 29 Barfield Road, Hammond Park

12/07/2017

2017/7961

Department of Transport and Main Roads / Transport – Land / Brisbane / Queensland / Cross River Rail connecting Dutton Park to Bowen Hills, Brisbane, Qld

13/07/2017

* Actions which are not controlled actions provided they are undertaken in a particular manner. Further information on provision and manner specified is available from http://epbcnotices.environment.gov.au/referralslist/

 

Assessment Approach (EPBC Act s.87)

Reference

Title

Assessment Approach

Date

2017/7941

Department of Transport and Main Roads / Transport – Land / Gazetted Future State-Controlled, Gympie, QLD, 4570 / Queensland / Bruce Highway Cooroy to Curra (Section D: Woondum to Curra)

Preliminary Documentation

7/06/2017

2017/7918

Cooper St Epping Pty Ltd / Commercial Development / 415- 425 Cooper Street, Epping, VIC, 3076 / Victoria / 415-425 Cooper Street, Epping, Victoria

Preliminary Documentation

26/06/2017

2017/7921

INGHAMS GROUP LIMITED / Residential Development / Lot 1665 Wanneroo Rd, Sinagra / Western Australia / Lot 1665 Wanneroo Road, Sinagra

Preliminary Documentation

28/06/2017

2017/7931

LAKE MACQUARIE CITY COUNCIL / Residential Development / Lot 414 DP866775 / New South Wales / Wyndham Way Eleebana Residential Subdivision

Preliminary Documentation

29/06/2017

2017/7956

DEVONPORT CITY COUNCIL / Transport – Land / 26/29 Squibbs Road, Spreyton, TAS, 7310 / Tasmania / Squibbs Road Drainage Improvements, Spreyton, Tas

Preliminary Documentation

5/07/2017

 

DECISION ON APPROVAL (EPBC Act s.133)

Reference

Title

Approval Decision

Date

2016/7825

Sydney Opera House Trust / Tourism and Recreation / Bennelong Point, Sydney / New South Wales / Sydney Opera House Building Renewal Program, NSW

Approved with conditions

20/06/2017

2015/7538

Metro Mining / Mining / West Cape York / Queensland / Bauxite Hill Mining and Barging Project

Approved with conditions

23/06/2017

2007/3361

Satterley Property Group / Residential Development / Bunbury / Western Australia / Dalyellup Beach Estate - Residential Development

Approved with conditions

29/06/2017

2016/7773

Chinova Resources Cloncurry Mines Pty Ltd / Mining / 140km SE of Mt Isa / Queensland / Cloncurry Heap Leach Copper Project and associated infrastructure, Selwyn Ranges, Qld

Approved without conditions

4/07/2017

2014/7138

TORO ENERGY LIMITED / Mining / Millipede & Lake Maitland, South of Wiluna, WA / Western Australia / Extension to Wiluna Uranium Mine (Millipede & Lake Maitland), Wiluna, WA

Approved with conditions

5/07/2017

2008/4313

SunWater / Water Management and Use / Dawson River 75km downstream of Taroom / Queensland / Construction and operation of Nathan Dam and associated water delivery infrastructure

Approved with conditions

13/07/2017

 

variation of conditions of approval (EPBC Act s.143)

Reference

Title

Date

2012/6397

Sunshine Coast Regional Council/Natural Resources Management/Golden Beach, Sunshine Coast/Queensland/Golden Beach, Beach Nourishment and Dredging Works, QLD

29/06/2017

2009/5252

ULAN COAL MINES LIMITED/Mining/1.5km E of Ulan, 19km NE of Gulgong/New South Wales/Continued Mining Operations and Construction of Associated Infrastructure

11/11/2016

2014/7119

APP CORPORATION PTY LIMITED/Residential Development/Box Hill North, The Hills Shire/New South Wales/Develop 380 ha land for residential & commercial use, NSW

23/06/2017

2010/5463

DEPARTMENT OF TRANSPORT/Transport - Land/Western Highway, Ravenhall, approx 22km from Melbourne CBD/Victoria/Caroline Springs Railway Station Development

29/06/2017

2011/5866

HUNTER VALLEY ENERGY COAL PTY LTD/Mining/Approx 5km SW of Muswellbrook and 130km NW of Newcastle/New South Wales/Mt Arthur Coal Extension Project Hunter Valley NSW

29/06/2017

2012/6328

PROJECT 28 PTY LTD/Residential Development/20km south of the Queensland border, 4km from Kingscliff/New South Wales/Kings Forest Residential Development

29/06/2017

2005/2389

OASIS MISSION BEACH PTY LTD/Tourism and Recreation/Mission Beach/Queensland/Development of a resort complex

3/07/2017

 

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 (the EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, through a range of mechanisms including assessment and approval processes for certain actions. The Act was introduced to address the need for a more integrated and coordinated approach to environmental protection in Australia, recognising that environmental protection is a shared responsibility between the Commonwealth and the states and territories. The EPBC Act is administered by the Department of the Environment and Energy, and its policy objective is to ensure that the environment, and in particular matters of national environmental significance, are protected through a rigorous and transparent approval process for certain actions. The Department of the Environment and Energy has implemented systems and ongoing quality assurance procedures to ensure that the EPBC Act is administered effectively and efficiently, and to minimise any risk of missed or delayed notifications. Despite occasional missed notifications, the Department of the Environment and Energy maintains that these do not affect the subsequent processing of referrals or assessments, or the decisions made thereunder. The EPBC Act provides for a range of mechanisms to protect the environment, including the assessment and approval of certain actions that may have a significant impact on matters of national environmental significance. The Act applies to actions taken by the Commonwealth, its agencies and instrumentalities, as well as actions that are proposed or undertaken by any person and that are referred to the Department of the Environment and Energy for assessment and approval under the Act. The Act also provides for the protection of listed threatened species and ecological communities, listed migratory species, listed marine species, and wetlands of international importance, amongst other things. The Act is administered by the Department of the Environment and Energy, which is responsible for assessing and approving certain actions, and for monitoring and enforcing compliance with the Act. The policy objective of the EPBC Act is to ensure that the environment is protected through a rigorous and transparent approval process for certain actions, and that the impacts of those actions on matters of national environmental significance are minimised or avoided.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to a wide range of actions, entities, and industries across Australia. The Act mandates that certain actions, referred to as "controlled actions," require approval from the Minister for the Environment if they are likely to have a significant impact on matters of national environmental significance, including listed threatened species and ecological communities, listed migratory species, listed marine species, wetlands of international importance, the Great Barrier Reef Marine Park, the World Heritage properties, the nuclear actions, and Commonwealth marine areas. The Act applies to projects undertaken by both public and private entities, encompassing industries such as mining, residential and commercial development, infrastructure projects, and waste management. Geographically, the Act has a national reach, regulating actions that may impact on environmental matters of national significance anywhere in Australia, including the territories. The Act may also extend its application through subordinate legislation or regulations, which can provide further details on specific types of actions or industries. While the Act covers a broad spectrum of activities, there are some exclusions and exemptions, particularly for actions that are unlikely to have a significant environmental impact or those that are subject to other forms of regulation. The Department of the Environment and Energy is responsible for the administration of the Act and has instituted measures to ensure timely notifications of controlled actions, although occasional lapses may occur, which are rectified as soon as identified.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the approval of certain actions that may impact on matters of national environmental significance. The main operative sections of the EPBC Act relevant to the legislation include sections 75 and 133, which provide the framework for the approval process. Section 75 requires that certain actions, such as land development or mining projects, obtain approval before they can proceed if they are likely to have a significant impact on a matter of national environmental significance. Section 133 outlines the approval process, which includes the assessment of environmental effects and the imposition of conditions on the approval to mitigate any adverse impacts. The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, proponents of actions that require approval must submit an application to the Department of the Environment and Energy, which includes detailed information about the proposed action and its potential environmental impacts. The Department is then responsible for assessing the application and determining whether the action should be approved, approved with conditions, or refused. Secondly, if an action is approved, the proponent must comply with any conditions imposed on the approval, which may include measures to mitigate the environmental impacts of the action. Failure to comply with the conditions of approval may result in the approval being revoked or the imposition of penalties. The Act also imposes offences, penalties, or civil/criminal consequences for breach, including maximum penalties where stated. For example, section 518 of the Act provides that a person who contravenes a condition of approval is liable to a fine of up to $66,000 for an individual or $330,000 for a body corporate. Section 528A provides that a person who causes harm to a listed threatened species or community is liable to a fine of up to $660,000 for an individual or $3.3 million for a body corporate. Additionally, section 528B provides that a person who engages in a "serious and continuous" contravention of the Act is liable to a fine of up to $6.6 million for an individual or $33 million for a body corporate. These penalties are intended to deter non-compliance with the Act and to provide a deterrent to others who may consider engaging in similar activities.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.