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 |
2019/8582 | Major Projects Canberra / Transport - Land / Northbourne Avenue, London Circuit (West) and Commonwealth Avenue / Australian Capital Territory / City to Commonwealth Park Light Rail 2A | - Listed threatened species and communities (sections 18 & 18A)
- Commonwealth land (26 & 27A)
| 10/01/2020 |
2019/8491 | Major Projects Canberra / Transport - Land / Road reserves of Commonwealth Ave, State Circle, Adelaide Ave, Yarra Glen and Callam St / Australian Capital Territory / Commonwealth Park to Woden Light Rail Project, ACT | - National Heritage (sections 15B & 15C)
- Listed threatened species and communities (sections 18 & 18A)
- Commonwealth land (26 & 27A)
| 16/01/2020 |
2019/8494 | Perron Developments Pty Ltd & Vasse Newtown Unit Trust / Residential Development / Lots 221, 461 and part Lot 54 Northerly Street, Vasse / Western Australia / Urban development, multiple lots Northerly Street, Vasse, WA | - Listed threatened species and communities (sections 18 & 18A)
| 16/01/2020 |
2019/8590 | Water NSW / Water Management and Use / The Peel River, downstream of Chaffey Dam to the confluence of the Peel and Namoi Rivers / New South Wales / Operation of Peel River Drought Protection Works | - Listed threatened species and communities (sections 18 & 18A)
| 17/01/2020 |
actions determined as NOT requiring approval (EPBC Act s.75)
Reference | Title | Date |
2019/8511 | Department of Transport and Main Roads / Transport - Land / Port Alma Road reserve and Lot 51 SP102240 / Queensland / Bajool - Port Alma Road Safety Upgrade Project | 10/01/2020 |
2019/8566 | AUSTRALIAN RAIL TRACK CORPORATION LIMITED / Transport - Land / Botany / New South Wales / Botany Rail Duplication | 16/01/2020 |
Assessment Approach (EPBC Act s.87)
Reference | Title | Assessment Approach | Date |
2019/8582 | Major Projects Canberra / Transport - Land / Northbourne Avenue, London Circuit (West) and Commonwealth Avenue / Australian Capital Territory / City to Commonwealth Park Light Rail 2A | Preliminary Documentation | 10/01/2020 |
2019/8491 | Major Projects Canberra / Transport - Land / Road reserves of Commonwealth Ave, State Circle, Adelaide Ave, Yarra Glen and Callam St / Australian Capital Territory / Commonwealth Park to Woden Light Rail Project, ACT | Environmental Impact Statement | 16/01/2020 |
2019/8494 | Perron Developments Pty Ltd & Vasse Newtown Unit Trust / Residential Development / Lots 221, 461 and part Lot 54 Northerly Street, Vasse / Western Australia / Urban development, multiple lots Northerly Street, Vasse, WA | Preliminary Documentation | 16/01/2020 |
2019/8590 | Water NSW / Water Management and Use / The Peel River, downstream of Chaffey Dam to the confluence of the Peel and Namoi Rivers / New South Wales / Operation of Peel River Drought Protection Works | Preliminary Documentation | 17/01/2020 |
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2017/7956 | DEVONPORT CITY COUNCIL / Transport - Land / 26 / 29 Squibbs Road, Spreyton, TAS, 7310 / Tasmania / Squibbs Road Drainage Improvements, Spreyton, Tas | Approved with conditions | 10/01/2020 |
variation of conditions of approval (EPBC Act s.143)
Reference | Title | Date |
2012/6324 | Batchfire Resources / Mining / 20km north of Biloela / Queensland / Boundary Hill South Lease Extension | 19/12/2019 |
2014/7164 | HOVEY PROPERTY PTY LTD / Mining / Lot 122 Old Coast Road, Parkfield, Binningup / Western Australia / Sand Mine, Lot 122 Old Coast Road, Parkfield, Binningup, WA | 24/12/2019 |
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 Commonwealth Parliament to address the need for a coordinated national approach to the protection of the environment, particularly focusing on matters of national environmental significance. The Act aims to ensure that proposed activities with potential significant environmental impacts are properly assessed and managed. This includes the protection of listed threatened species and ecological communities, national heritage places, and the mitigation of impacts on the environment from activities across Australia. The policy objective of the EPBC Act is to protect and manage the environment, heritage, and biodiversity in a sustainable manner while allowing for economic development and social well-being.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to actions that may have a significant impact on matters of national environmental significance, including listed threatened species and communities, national heritage places, and Commonwealth land. The Act extends to all territories of Australia, including the Commonwealth, states, and territories, and applies to both individuals and entities undertaking activities that may affect these environmental matters. The Act may extend or restrict its application through subordinate instruments, which can include regulations and codes of practice. The Act provides for certain exclusions, exemptions, and thresholds, such as actions that are listed as not requiring approval under the Act, and actions that are subject to other legislative regimes. However, the Act also includes provisions for the approval of actions that may have a significant impact on matters of national environmental significance, and for the variation of conditions of approval where necessary. The Department of the Environment and Energy is responsible for administering the Act and ensuring that public notifications relating to the processing of referrals for approval are timely and accurate.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the approval of certain actions that may have a significant impact on the environment, including listed threatened species and communities, and national heritage places. Under section 75 of the Act, some actions are determined to require approval, while others do not (EPBC Act s.75). The Act requires that actions that may significantly impact the environment be assessed to determine whether they should be approved or not (EPBC Act s.87). The assessment approach depends on the potential impact of the action, and may include preliminary documentation or an environmental impact statement (EPBC Act s.87).
The Act imposes obligations on the parties or entities it governs, including the requirement to provide notification of actions that may have a significant impact on the environment (EPBC Act s.13). The Act also requires that approvals be granted with conditions that are designed to mitigate any significant impact on the environment (EPBC Act s.133). In some cases, conditions of approval may be varied to reflect changes in circumstances or new information (EPBC Act s.143). The Act also provides for the listing of threatened species and communities, and national heritage places, and sets out the processes for listing and de-listing (EPBC Act s.18, 18A, 15B, 15C).
Breach of the Act may result in civil or criminal consequences, including fines and imprisonment. The maximum penalties for contravening the Act vary depending on the offence, but can include fines of up to $666,666 and/or imprisonment for up to five years (EPBC Act s.444, 445). The Act also provides for the recovery of costs incurred by the Commonwealth in relation to the assessment and approval of actions (EPBC Act s.134). In addition, the Act provides for the imposition of conditions on approvals, including conditions designed to mitigate any significant impact on the environment (EPBC Act s.133). Failure to comply with conditions of approval may also result in civil or criminal consequences.