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 |
2018/8243 | BORAL RESOURCES (NSW) PTY LTD / Mining / Marulan South / New South Wales / Peppertree Quarry Modification 5, Marulan South, NSW | - Listed threatened species and communities (sections 18 & 18A)
| 15/10/2018 |
actions determined as NOT requiring approval (EPBC Act s.75)
Reference | Title | Date |
2018/8169* | THE AUSTRALIAN INSTITUTE OF MARINE SCIENCE / Science and Research / North-west WA / Commonwealth Marine / Effect of marine seismic sounds to demersal fish and pearl oysters, north-west WA | 1/06/2018 |
2018/8292 | METZ NEWCO PTY LTD / Energy Generation and Supply (renewable) / Lot 18, 61, 77, 80, 95, 105, 107, 108, 112 & 124 on DP755830 / New South Wales / Metz Solar Farm, 18km east of Armidale, NSW | 22/10/2018 |
* 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 |
2018/8243 | BORAL RESOURCES (NSW) PTY LTD / Mining / Marulan South / New South Wales / Peppertree Quarry Modification 5, Marulan South, NSW | Accredited Assessment under the NSW Environmental Planning and Assessment Act 1979 | 15/10/2018 |
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2016/7808 | Common Ground Property (NSW) Pty Ltd and Ironlaw Pty. Limited & Wilona Pty Limited and Mary Ida Purnell / Residential Development / Lots 8-9 (DP16911 and Lot 2 (DP1032620 / New South Wales / Residential development, Lots 8-9 and Lot 2 Bronzewing St and Byron Road, Tahmoor, NSW | Approved with conditions | 16/10/2018 |
variation of conditions of approval (EPBC Act s.143)
Reference | Title | Date |
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 | 4/10/2018 |
2016/7674 | Level Crossing Removal Authority / Transport - Land / South Morang Station to Mernda / Victoria / Mernda Rail Extension Project, Vic | 5/10/2018 |
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 (the EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, and to establish a framework for the assessment of actions that may impact on the environment. The EPBC Act was introduced to address the need for a comprehensive national environmental protection framework, aimed at ensuring that environmental considerations are integrated into decision-making processes across all levels of government. The Act was passed by the Parliament of Australia, with the objective of providing a coordinated approach to environmental protection that complements state and territory laws. The EPBC Act seeks to protect and manage Australia's biodiversity and environment by regulating actions that may have a significant impact on matters of national environmental significance, such as World Heritage properties, listed threatened species and ecological communities, and Ramsar-listed wetlands.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of actions, entities, and industries across Australia, with its primary objective being the protection of matters of national environmental significance. This includes listed threatened species and ecological communities, matters relating to nuclear actions, world heritage properties, wetlands of international significance, and various other environmental aspects as defined within the Act. The Act applies to individuals, corporations, and government entities involved in actions that may impact these environmental matters. The geographic reach of the Act is national, extending across the Commonwealth, states, and territories, ensuring a unified approach to environmental protection. However, the Act does not apply to certain activities such as those that are solely within a state or territory jurisdiction or those that do not impact the matters of national environmental significance. The application and enforcement of the Act can be further detailed or modified through subordinate instruments, which may provide specific guidelines, criteria, or exemptions relevant to particular industries or actions.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (sections 75 and 133) sets out the requirements for assessing and approving certain activities that may have a significant impact on the environment, including listed threatened species and communities (sections 18 and 18A). For instance, Boral Resources (NSW) Pty Ltd's proposed modification to the Peppertree Quarry at Marulan South in New South Wales was identified as an action that requires approval under the EPBC Act (section 75). This means that the Department of the Environment and Energy must assess whether the proposed action will have a significant impact on listed threatened species and communities. In contrast, certain activities such as scientific research conducted by The Australian Institute of Marine Science on the effect of marine seismic sounds to demersal fish and pearl oysters in north-west Western Australia are deemed not to require approval provided they are undertaken in a particular manner specified by the Act (section 75).
The Act imposes obligations on parties or entities to ensure compliance with environmental protection and biodiversity conservation laws. For example, Boral Resources (NSW) Pty Ltd must adhere to the conditions set out in the approval for the Peppertree Quarry Modification 5 at Marulan South (section 133). Additionally, the Act mandates the use of an accredited assessment approach for certain activities, as seen in the case of Boral Resources (NSW) Pty Ltd, which was assessed under the NSW Environmental Planning and Assessment Act 1979 (section 87). This ensures that the assessment of potential environmental impacts is conducted in a thorough and consistent manner.
Breach of the requirements set out in the EPBC Act can result in both civil and criminal penalties. For instance, individuals or entities found to have contravened the Act may be subject to fines of up to $666,000 for a corporation and $133,200 for an individual (section 516). Furthermore, in cases of serious or repeated breaches, the courts may impose additional penalties, including imprisonment for up to five years (section 516). It is important for parties and entities to be aware of their obligations under the EPBC Act to avoid facing such consequences.