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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 C2019G00012 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
2018/8299	ROBE RIVER MINING CO. PTY. LTD. / Mining / The Proposed Action is within (ML) 248SA pursuant to the Iron Ore Robe River Agreement Act 1964 (WA) / Western Australia / West Angelas Iron Ore Mine Deposits C, D and G, Pilbara, WA	Listed threatened species and communities (sections 18 & 18A)	3/12/2018
2018/8322	SNOWY HYDRO LIMITED / Commonwealth Development / The proposed action incorporates multiple land parcels in the Snowy Mountains Region / New South Wales / Snowy 2.0 Main Works, Snowy Mountains, NSW	National Heritage (sections 15B & 15C) Listed threatened species and communities (sections 18 & 18A) Listed migratory species (sections 20 & 20A) Commonwealth action (section 28)	5/12/2018

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

Reference	Title	Date
2018/8283	Murujuga Aboriginal Corporation / Tourism and Recreation / Lot 3003 on Plan 41697 / Western Australia / Deep Gorge Boardwalk, Murujuga National Park, WA	9/11/2018
2018/8176	Southernrae 1 Pty Ltd / Agriculture and Forestry / Lot 1790 on Plan 3315 / Western Australia / Grazing of stock and associated works on Lot 1790 Passmore Street, Southern River Western Australia	21/11/2018
2018/8321	Centennial Mandalong Pty Limited / Mining / Refer to land parcels in 1.5 / New South Wales / Mandalong Mine Power Line, Mandalong, NSW	22/11/2018
2018/8313	Richard and Louise Archer / Tourism and Recreation / 236 Wellington Street, Longford, TAS, 7301 / Tasmania / Brickendon Replacement Shed and New Works Project, Longford, Tas	26/11/2018
2018/8305	AUSTRALIAN FUTURE ENERGY PTY LTD / Energy Generation and Supply (non-renewable) / 57CP902700, 1RP614039, 1SP108922, BMPH33364, 2SP200899, 101SP224189, 35SP103899 / Queensland / Gladstone Energy and Ammonia Project, Qld	5/12/2018

Assessment Approach (EPBC Act s.87)

Reference	Title	Assessment Approach	Date
2018/8299	ROBE RIVER MINING CO. PTY. LTD. / Mining / The Proposed Action is within (ML) 248SA pursuant to the Iron Ore Robe River Agreement Act 1964 (WA) / Western Australia / West Angelas Iron Ore Mine Deposits C, D and G, Pilbara, WA	Preliminary Documentation	3/12/2018
2018/8228	Townsville City Project Pty Ltd / Residential Development / 3~1\PP3375 / Victoria / Stonehill Development Stages 22-24, Bacchus Marsh, Victoria	Preliminary Documentation	4/12/2018
2018/8260	WESTERN REGION WATER CORPORATION / Water Management and Use / Plan CP104323, Lot 20 LP5327, Allot. 19 Sec. A PARISH OF MOORADORANOOK, Lot 1 TP745347, / Victoria / Parwan to Melton Pipeline, VIC	Preliminary Documentation	4/12/2018
2018/8322	SNOWY HYDRO LIMITED / Commonwealth Development / The proposed action incorporates multiple land parcels in the Snowy Mountains Region / New South Wales / Snowy 2.0 Main Works, Snowy Mountains, NSW	Accredited Assessment under the NSW Environmental Planning and Assessment Act 1979	5/12/2018
2018/8275	AUSTRALIAN POSTAL CORPORATION / Commercial Development / 165-133 Fairbairn Road, Sunshine West, VIC, 3020 / Victoria / Australia Post Parcel Facility Project, Sunshine West, Vic	Preliminary Documentation	6/12/2018
2018/8326	AUSTRALIA PACIFIC AIRPORTS MELBOURNE PTY LTD / Transport - Air and Space / Melbourne Airport, Tullamarine, Victoria / Victoria / Taxiway Zulu and Northern Access Route draft MDP, Melbourne Airport, Vic	Accredited Assessment under the Commonwealth Airports Act 1996	7/12/2018

DECISION ON APPROVAL (EPBC Act s.133)

Reference	Title	Approval Decision	Date
2017/8049	DEPARTMENT OF JUSTICE AND REGULATION / Residential Development / 5 lots – 4 freehold and 1 unreserved Crown land / Victoria / Youth Justice Redevelopment Project, Cherry Creek, 10 kms south west of Werribee, VIC.	Approved with conditions	20/11/2018
2014/7400	LEND LEASE COMMUNITIES AUSTRALIA LIMITED / Residential Development / 1km east of Hume Hway and Picton Road intersection, Wilton / New South Wales / Bingara Gorge staged residential development, NSW	Approved with conditions	3/12/2018
2017/7906	Level Crossing Removal Authority / Transport - Land / Edtithvale Rd, Edithvale and between Station St & Nepean Hway, Bonbeach / Victoria / Edithvale and Bonbeach Level Crossing Removals, Vic	Approved with conditions	3/12/2018
2016/7665	MAIN ROADS WA / Transport - Land / Shire of Toodyay / Western Australia / Toodyay Road widening and upgrade, WA	Approved with conditions	4/12/2018
2016/7829	GV Nominee No 1 Pty Ltd / Residential Development / Berkeley Road, Glenning Valley, NSW / New South Wales / Residential subdivision, Lot 2 DP1100181 Berkeley Road, Glenning Valley, NSW	Approved with conditions	4/12/2018

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

Reference	Title	Date
2012/6574	NEW HOPE COLLIERIES PTY LTD / Waste Management (non-sewerage) / approximately 5kms north of Ipswich Qld / Queensland / Chuwar Project mine rehabilitation activities including vegetation clearance and dewatering	23/07/2013
2014/7282	KARUAH EAST QUARRY PTY LTD / Mining / Lower Hunter / New South Wales / Karuah East Quarry, 3 km NE Karuah, NSW	4/10/2018
2015/7486	Steve Pei-Guan Song / Commercial Development / Ravenhall, approximately 21kms west of Melbourne / Victoria / Industrial Precinct Development, Ravenhall, Vic	20/11/2018

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 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, under a cooperative and integrated approach. This Act was introduced to address the need for a comprehensive federal environmental law that could effectively manage the impacts of proposed actions on the environment, including listed threatened species, communities, and ecological communities, as well as matters of national heritage significance. The EPBC Act is administered by the Australian Government’s Department of Agriculture, Water and the Environment, with the overarching policy objective being to protect and manage the environment sustainably while facilitating economic development in a manner that is compatible with environmental protection. The Act establishes a framework for the approval and assessment of actions that may significantly impact the environment, aiming to balance conservation with development.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of actions and entities across Australia, encompassing mining, residential and commercial developments, transport projects, water management, and tourism initiatives, among others. This federal Act applies to actions that may impact matters of national environmental significance, such as listed threatened species and communities, national heritage places, listed migratory species, and Commonwealth waters. The Act’s jurisdiction covers the entire nation, including all states, territories, and Commonwealth lands, ensuring a unified approach to environmental protection and biodiversity conservation across the country. Certain actions are excluded from the Act's approval requirements if they fall under specific exemptions or have been assessed as not requiring approval, such as minor activities or those already subject to stringent state or territory environmental laws. Additionally, the Act can be extended or modified through subordinate legislation, allowing for the adaptation of regulatory frameworks to address emerging environmental challenges or specific industry needs. The EPBC Act thus serves as a crucial regulatory mechanism for safeguarding Australia's environment and biodiversity, while also facilitating sustainable development through a structured approval and assessment process.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs various actions that require approval, those that do not, and the assessment approach for actions requiring approval. Section 75 of the Act outlines actions that require approval, while section 75A specifies actions that do not require approval. The assessment approach, as outlined in section 87, is determined based on the nature and scale of the proposed action. The Act imposes several obligations on parties or entities it governs. For example, entities must provide preliminary documentation for actions requiring approval, such as the Robe River Mining Co. Pty Ltd's mining proposal in Western Australia (EPBC Act s.87). Additionally, entities must comply with accredited assessments, such as Snowy Hydro Limited's Snowy 2.0 Main Works in New South Wales (EPBC Act s.87). Furthermore, entities must adhere to conditions of approval, as demonstrated by the variation of conditions for New Hope Collieries Pty Ltd's Chuwar Project mine rehabilitation activities in Queensland (EPBC Act s.143). Failure to comply with the EPBC Act can result in offences, penalties, or civil/criminal consequences. While specific maximum penalties are not mentioned in the provided text, the Act's enforcement mechanisms, such as the Department of the Environment and Energy's quality assurance procedures, are in place to address non-compliance and ensure the protection of the environment and biodiversity.

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

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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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