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 |
2018/8277 | MBARK FGC RETIREMENT PTY LTD / Residential Development / Block 1 Section 56, Red Hill; Block 2, Section 56 & Block 1, Section 55, Red Hill / Australian Capital Territory / Federal Golf Club Retirement Village Project, ACT | - Listed threatened species and communities (sections 18 & 18A)
| 17/12/2018 |
2018/8316 | MAIN ROADS / Transport - Land / Roe Highway, High Wycombe, WA, 6057 / Western Australia / Roe Highway and Kalamunda Road Interchange upgrade, WA | - Listed threatened species and communities (sections 18 & 18A)
| 21/12/2018 |
actions determined as NOT requiring approval (EPBC Act s.75)
Reference | Title | Date |
2018/8308 | Housing Authority / Residential Development / Lot 54 / P2571 / Western Australia / Residential development, Lot 54 Vittoria Road, Glen Iris, WA | 12/11/2018 |
2018/8264 | SATTERLEY PROPERTY GROUP PTY LTD / Residential Development / Part of Lots 9006, 9002 Lot 11 Hoffman Road, and Lot 9000 Mandogalup / Western Australia / Residential estate, multiple lots, Mandogalup, WA | 18/12/2018 |
2018/8323 | CITY OF ROCKINGHAM / Tourism and Recreation / Lot 4 on Plan D031062, Lot 103 on Plan D050627, Lot 104 on Plan D050627, Lot 105 on Plan D050627 / Western Australia / Baldivis District Sporting Complex, Baldivis, WA | 8/01/2019 |
2018/8325 | DEPARTMENT OF ECONOMIC DEVELOPMENT JOBS TRANSPORT AND RESOURCES / Transport - Land / 1\TP955576,9-11\PP5736,10-11\PP5736 / Victoria / Avon River Railway Bridge and level crossing upgrade, Stratford, Vic | 8/01/2019 |
2018/8312 | YARRA VALLEY WATER CORPORATION / Water Management and Use / Mickleham Road, Yuroke, VIC, 3063 / Victoria / Mickleham and Craigieburn Water Mains Project, Vic | 10/01/2019 |
Assessment Approach (EPBC Act s.87)
Reference | Title | Assessment Approach | Date |
2018/8316 | MAIN ROADS / Transport - Land / Roe Highway, High Wycombe, WA, 6057 / Western Australia / Roe Highway and Kalamunda Road Interchange upgrade, WA | Preliminary Documentation | 21/12/2018 |
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2015/7478 | TELLUS HOLDINGS LTD / Mining / Kalgoorlie / Western Australia / Sandy Ridge Project (kaolin clay mine & complementary waste storage and isolation business) Koolyanobbing, WA | Approved with conditions | 7/01/2019 |
variation of conditions of approval (EPBC Act s.143)
Reference | Title | Date |
2012/6615 | Santos Limited / Energy Generation and Supply (non-renewable) / Central Southern Queensland / Queensland / Santos GLNG Gas Field Development Project, QLD | 14/12/2018 |
2012/6615 | Santos Limited / Energy Generation and Supply (non-renewable) / Central Southern Queensland / Queensland / Santos GLNG Gas Field Development Project, QLD | 18/12/2018 |
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 by the Parliament of Australia to address the protection of the environment, particularly focusing on biodiversity and the management of environmental impacts at both national and international levels. The Act was introduced to fill the gap in comprehensive environmental protection laws by providing a framework to safeguard Australia’s unique biodiversity and natural heritage, including listed threatened species and ecological communities. The policy objective of the Act is to promote ecologically sustainable development by ensuring that the impacts of activities, including projects, are properly assessed and managed to prevent significant harm to the environment. The Department of the Environment and Energy is responsible for administering the Act, ensuring that environmental considerations are integrated into decision-making processes for various activities that may impact the environment.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to actions that may significantly affect matters of national environmental significance, including listed threatened species and ecological communities. This federal legislation governs entities and individuals who undertake activities that require approval under the Act, such as mining, energy projects, and significant infrastructure developments. The geographic reach of the Act is national, overseeing projects across all states and territories in Australia. While the Act applies broadly, certain actions are exempt, including those related to defence activities, certain fishing activities, and matters that are exclusively state or territory responsibilities. The application of the Act can be extended or restricted through subordinate instruments, which provide further detail on the types of actions requiring approval or subject to conditions. The Department of the Environment and Energy is responsible for the administration of the Act, including the assessment of referral notifications and ensuring compliance with environmental protection standards.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) includes several key sections that determine the actions requiring approval, the obligations of the parties involved, and the consequences of non-compliance. Section 75 of the Act outlines the actions that need ministerial approval, such as those that may significantly impact listed threatened species, communities, or their habitats (s.18, s.18A). For instance, in the case of the Federal Golf Club Retirement Village Project in the Australian Capital Territory (2018/8277), the Act required an assessment of its potential impact on listed threatened species and communities. Conversely, some actions do not require approval, as determined under section 75 of the Act, exemplified by residential developments in Western Australia (2018/8308, 2018/8264) and a sporting complex in Baldivis, WA (2018/8323).
Under the EPBC Act, entities proposing actions that may impact listed threatened species or communities must comply with specific obligations. This includes providing detailed preliminary documentation and undergoing assessments as required by section 87 of the Act. For example, the Roe Highway and Kalamunda Road Interchange upgrade in Western Australia (2018/8316) necessitated the submission of preliminary documentation to evaluate its environmental impact. Additionally, entities must adhere to any conditions set forth in the approval, such as those applied to the Sandy Ridge Project in Western Australia (2015/7478), which was approved with certain conditions.
Non-compliance with the requirements of the EPBC Act can lead to significant penalties and consequences. For instance, section 133 of the Act details the process for approving actions, and failure to comply with the conditions of approval can result in enforcement actions. In cases of missed notifications or delays in processing referrals, as occasionally experienced by the Department of the Environment and Energy, late notifications are still communicated to the public, albeit beyond the prescribed timeframes. However, these delays do not affect the subsequent processing of referrals or the decisions made. It is essential for entities to be aware of these provisions to avoid penalties and ensure compliance with the Act.