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

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 C2018G00368 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
2018/8171	ANGLO COAL (CAPCOAL MANAGEMENT) PTY LIMITED / Mining / Lot 9 TT442 and Lot 2 SP184275 / Queensland / Grasstree Extension Project	Listed threatened species and communities (sections 18 & 18A)	5/04/2018
2018/8156	White Rock Wind Farm Pty Ltd / Energy Generation and Supply (renewable) / 20km west of Glen Innes / New South Wales / White Rock Wind Farm Modification - EPBC Referral	Listed threatened species and communities (sections 18 & 18A)	13/04/2018
2018/8144	W1 Hospitality Pty Ltd / Commercial Development / Lot 2074 in CT 2747 / 485 / Western Australia / Warders Hotel, Block 1 Warders Cottages, Fremantle, WA	World Heritage (sections 12 & 15A) National Heritage (sections 15B & 15C)	20/04/2018
2018/8173	RENEW ESTATE PTY LTD / Energy Generation and Supply (renewable) / Lots 10, 15, 54, 97, 111, 161, 182, 189, 190 and 202 of DP754908 and Lot 1 of DP198933. / New South Wales / Springdale Solar Farm, Sutton, NSW	Listed threatened species and communities (sections 18 & 18A)	1/05/2018
2018/8143	GOGO STATION PTY. LTD. / Agriculture and Forestry / Pastoral Lease 398 / 810 / Western Australia / Gogo Station Agricultural Development, WA	National Heritage (sections 15B & 15C) Listed threatened species and communities (sections 18 & 18A) Listed migratory species (sections 20 & 20A)	2/05/2018
2018/8158	PANORAMA INVESTMENT (ALBANVALE) PTY LTD / Residential Development / 80A and 80B Oakwood Drive, Albanvale, VIC, 3021 / Victoria / Residential development 80a and 80b Oakwood Road, Albanvale, Vic	Listed threatened species and communities (sections 18 & 18A)	3/05/2018

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

Reference	Title	Date
2017/8013	ENVIRONMENT, PLANNING AND SUSTAINABLE DEVELOPMENT DIRECTORATE - DEPARTMENTAL / Residential Development / Block 29, Section 36, Mawson / Australian Capital Territory / Construction of public housing units within Block 29, Section 36, Mawson, ACT.	21/09/2017
2017/7951*	Defence Housing Australia / Residential Development / Stockton peninsula / New South Wales / Fort Wallace Residential Development Proposal, north of Newcastle, NSW	4/12/2017
2018/8179	Essendon Airport Pty Ltd / Commercial Development / 1-5 Challenger Court, Essendon Fields, VIC, 3041 / National / Hart Precinct industral development, Essendon Fields - 15 kilometres north of Melbourne CBD	9/05/2018

* 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
2017/8028	DEPARTMENT OF FINANCE / Commonwealth / Blocks 3 and 15, Section 22, Barton, ACT 2600 / Other Australian Land / Water / Blocks 3 and 15, Section 22, Barton, ACT Divestment	Preliminary Documentation	11/10/2017
2017/8048	Spinitu Pty Ltd / Residential Development / Crest Road, Albion Park / New South Wales / Residential subdivision, Lot 101 DP 785139 Crest Road, Albion Park, NSW	Preliminary Documentation	30/11/2017
2017/8070	ROADS CORPORATION / Transport - Land / Lot 1 and 2 of Title Plan 333725, Crown Allotment 33D and Crown Allotment’s 84L, 84M, 84N, 2001, 3 / Victoria / South Gippsland Highway Realignment, Koonwarra, Vic	Preliminary Documentation	9/01/2018
2017/8106	WELLINGTON SHIRE COUNCIL / Transport - Air and Space / Lot 4 on PS704998 / Victoria / West Sale Airport Runway Extension, Vic	Preliminary Documentation	29/01/2018
2018/8156	White Rock Wind Farm Pty Ltd / Energy Generation and Supply (renewable) / 20km west of Glen Innes / New South Wales / White Rock Wind Farm Modification - EPBC Referral	Preliminary Documentation	13/04/2018
2018/8144	W1 Hospitality Pty Ltd / Commercial Development / Lot 2074 in CT 2747 / 485 / Western Australia / Warders Hotel, Block 1 Warders Cottages, Fremantle, WA	Preliminary Documentation	20/04/2018
2018/8173	RENEW ESTATE PTY LTD / Energy Generation and Supply (renewable) / Lots 10, 15, 54, 97, 111, 161, 182, 189, 190 and 202 of DP754908 and Lot 1 of DP198933. / New South Wales / Springdale Solar Farm, Sutton, NSW	Accredited Assessment under Part 4.2 of the Environmental Planning and Assessment Act 1979	1/05/2018
2018/8143	GOGO STATION PTY. LTD. / Agriculture and Forestry / Pastoral Lease 398 / 810 / Western Australia / Gogo Station Agricultural Development, WA	Accredited Assessment under the Environmental Protection Act 1986 (WA).	2/05/2018
2018/8158	PANORAMA INVESTMENT (ALBANVALE) PTY LTD / Residential Development / 80A and 80B Oakwood Drive, Albanvale, VIC, 3021 / Victoria / Residential development 80a and 80b Oakwood Road, Albanvale, Vic	Preliminary Documentation	3/05/2018
2018/8171	ANGLO COAL (CAPCOAL MANAGEMENT) PTY LIMITED / Mining / Lot 9 TT442 and Lot 2 SP184275 / Queensland / Grasstree Extension Project	Preliminary Documentation	11/05/2018

DECISION ON APPROVAL (EPBC Act s.133)

Reference	Title	Approval Decision	Date
2017/7931	LAKE MACQUARIE CITY COUNCIL / Residential Development / Lot 414 DP866775 / New South Wales / Wyndham Way Eleebana Residential Subdivision	Approved with conditions	6/03/2018
2017/8067	Maidment Land Pty Ltd / Residential Development / 267 EP1719 and 257 SP253223 / Queensland / Sanctum West Master Planned Community, near Townsville, Qld	Approved with conditions	15/03/2018
2016/7776	Shoreline Redlands Pty Ltd / Residential Development / Serpentine Creek Rd and Orchard Rd Redland Bay / Queensland / Shoreline urban village development, Redland Bay, Qld	Approved with conditions	26/04/2018
2016/7816	Wambo Coal Pty Limited / Mining / Approx. 20km west of Singleton, near Warkworth, NSW / New South Wales / South Bates Extension Underground Mine, Warkworth, NSW	Approved with conditions	4/05/2018
2013/7027	TNG LTD / Mining / 280kms north-northwest Alice Springs / Northern Territory / Mt Peake iron, vanadium and titanium mining project & assoc infrastructure, 280kms NNW Alice Springs, NT	Approved with conditions	10/05/2018

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

Reference	Title	Date
2013/6788	CMOC MINING PTY LTD / Mining / 27 kilometres north of Parkes / New South Wales / Northparkes Mines Step Change Project	30/08/2017
2009/4899	AIRSERVICES AUSTRALIA / Commonwealth / Sunshine Coast Airport / Queensland / Sale of Airservices Australia Property	20/04/2018

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 (Cth) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, by regulating actions that have, or are likely to have, a significant impact on the environment. This Act was introduced to address the problem of ensuring that environmental considerations are integrated into decision-making processes at both the federal and state levels, particularly for projects that may affect nationally or internationally significant environmental assets. The enacting body was the Parliament of Australia, and the policy objective of the Act is to protect and manage Australia's environment, including its biodiversity and heritage, through a cooperative framework between the Commonwealth and the states. The Act aims to strike a balance between environmental protection and economic development by providing a streamlined process for assessing and approving environmentally significant projects.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to a broad range of actions, entities, and industries across Australia. This federal legislation governs actions that may have significant environmental impacts, including those that affect listed threatened species, ecological communities, and heritage places. The Act applies to both individuals and corporations, encompassing activities such as mining, residential and commercial development, renewable energy projects, and agriculture. The geographic reach of the Act extends across the Commonwealth, states, and territories, ensuring a unified approach to environmental protection and biodiversity conservation. Certain actions may be exempt from the Act if they are not deemed to have a significant impact on matters of national environmental significance, or if they meet specific criteria outlined in the Act or subordinate instruments. The application of the Act can be extended or refined through regulations and guidelines issued under the Act, which provide further detail on what actions require approval and how assessments should be conducted. These provisions are designed to protect Australia's unique biodiversity and natural heritage while facilitating sustainable development.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs several key aspects of environmental conservation and biodiversity in Australia. Section 75 of the Act stipulates that certain actions require approval from the Minister, while Section 87 outlines the assessment approach for these actions. These actions can include mining, residential and commercial development, and energy generation projects, among others. The Act mandates that these actions must be assessed for their potential impact on listed threatened species and communities, World Heritage, National Heritage, and listed migratory species (sections 18, 18A, 12, 15A, 15B, 15C, 20, and 20A). Entities or individuals proposing actions that fall under the scope of the EPBC Act must comply with several obligations. These include providing detailed documentation of the proposed action, undertaking environmental impact assessments, and potentially preparing a Strategic Environmental Assessment (SEA) if the action is likely to have significant environmental impacts. The Act also requires these parties to consult with relevant stakeholders, including Indigenous groups and local communities, and to mitigate any adverse environmental effects identified during the assessment process. Failure to comply with the provisions of the EPBC Act can result in both civil and criminal penalties. For example, knowingly or recklessly providing false or misleading information can result in fines of up to $1.1 million for individuals and $5.5 million for corporations. Additionally, the Act allows for actions to be taken in the Federal Court for injunctive relief or damages for environmental harm caused by non-compliance. The maximum penalties for offences under the EPBC Act can vary depending on the specific offence and the jurisdiction in which it is prosecuted. In general, the Act provides for substantial penalties to ensure compliance and to deter non-compliance with environmental protection and biodiversity conservation requirements.

Area of Law: Environmental Law
Instrument: Gazette Notice
Concepts: Definitions & Interpretation; Offence Provisions; Compliance Obligations; Enforcement Powers; Reporting & Disclosure Obligations

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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.

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