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 |
2018/8280 | MANGOOLA COAL OPERATIONS PTY LIMITED / Mining / Multiple lots / New South Wales / Mangoola Coal Continued Operations Project, NSW | - Listed threatened species and communities (sections 18 & 18A)
- A water resource, in relation to coal seam gas development and large coal mining development (sections 24D & 24E)
| 21/01/2019 |
2018/8381 | RTA Yarwun Pty Ltd / Waste Management (sewerage) / Lot 7 on SP228453 / Queensland / Lot 7 Borrow Pits, Aldoga Road, Gladstone, Qld | - Listed threatened species and communities (sections 18 & 18A)
| 21/02/2019 |
actions determined as NOT requiring approval (EPBC Act s.75)
Reference | Title | Date |
2018/8336 | INTRAPAC PROPERTY PTY LTD / Residential Development / Lots 2 & 3 DP 823662; Lot 3 DP 517149; Lot 150 DP 755684; Lot 333 DP 755684; Lot 20 DP 1022777; / New South Wales / CURA A Residential Development, Cumbalum Heights, NSW | 25/01/2019 |
2018/8374 | Louis Mifsud / Commercial Development / Lot 2 DP1079726 / New South Wales / Lot 2 Foreshore Drive, in-filling pit, Port Kembla, NSW | 14/02/2019 |
Assessment Approach (EPBC Act s.87)
Reference | Title | Assessment Approach | Date |
2018/8348 | BRIMBANK CITY COUNCIL / Tourism and Recreation / 151C Green Gully Road, Keilor Downs, VIC, 3038 / Victoria / Sport and recreational facility, 151C Green Gully Road, Keilor Downs, Vic | Preliminary Documentation | 20/02/2019 |
2018/8381 | RTA Yarwun Pty Ltd / Waste Management (sewerage) / Lot 7 on SP228453 / Queensland / Lot 7 Borrow Pits, Aldoga Road, Gladstone, Qld | Preliminary Documentation | 21/02/2019 |
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2017/8028 | DEPARTMENT OF FINANCE / Commonwealth / Blocks 3 and 15, Section 22, Barton, ACT 2600 / Australian Capital Territory / Blocks 3 and 15, Section 22, Barton, ACT Divestment | Approved with conditions | 21/02/2019 |
variation of conditions of approval (EPBC Act s.143)
Reference | Title | Date |
2009/5247 | MELTON SHIRE COUNCIL / Transport - Land / Gourlay Road, Caroline Springs / Victoria / Gourlay Road Duplication between Becca Way and Hume Drive | 4/02/2019 |
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 Australian Parliament to provide for the protection of the environment, particularly matters of national environmental significance. The EPBC Act was introduced to address the need for a comprehensive framework to manage the environmental impacts of proposed actions that may affect listed threatened species and ecological communities, water resources, and other environmental aspects of national significance. The Act aims to achieve this by requiring assessments and approvals for certain actions that may have significant environmental impacts. The Department of the Environment and Energy is responsible for administering the Act, and it has implemented quality assurance procedures to ensure that notifications are processed within the required timeframes, while also acknowledging that occasional missed notifications may occur and that these do not affect the processing or decisions made under the Act.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to actions that may impact matters of national environmental significance, including listed threatened species and communities, water resources in relation to coal seam gas and large coal mining developments, and other protected elements. The Act applies to a wide range of persons and entities, including corporations, individuals, and government bodies, across various industries and sectors, and extends to all territories and states within Australia. Certain actions require approval under the Act, while others are exempt or do not require approval, depending on their potential impact on the protected matters. The scope of the Act can be further defined and extended through subordinate instruments and regulations. The Act's jurisdictional reach is national, with the Commonwealth having responsibility for its administration and enforcement. The Department of the Environment and Energy is responsible for overseeing the Act's implementation and ensuring compliance with its provisions.
Key Provisions
The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) in this context include sections 75, 87, 133, and 143. Section 75 determines whether an action requires approval, while section 87 outlines the assessment approach. Section 133 pertains to the decision on approval, and section 143 allows for the variation of conditions of approval. Section 18 and 18A refer to listed threatened species and communities, while sections 24D and 24E pertain to water resources in relation to coal seam gas development and large coal mining development.
The Act imposes obligations on parties or entities to provide relevant information and documentation for assessments and approvals. For example, section 75 requires applicants to submit a referral for actions that may have a significant impact on matters of national environmental significance. Section 87 requires the Minister to determine the assessment approach, which could include public notification, referral to other agencies, or a detailed assessment. Section 133 requires the Minister to make a decision on approval, which could be approval with conditions, refusal, or deferral. Section 143 allows for the variation of conditions of approval to address any changes in circumstances or new information.
Breaches of the EPBC Act may result in offences, penalties, or civil/criminal consequences. For example, section 477 imposes a maximum penalty of $66,000 for individuals and $330,000 for bodies corporate for contravening a prohibition or a condition of approval. Section 480 imposes a maximum penalty of $220,000 for individuals and $1,100,000 for bodies corporate for contravening a direction or an order. Section 482 imposes a maximum penalty of $1,100,000 for bodies corporate for failing to comply with a requirement to provide information or a document. These penalties are in addition to any other civil or criminal liability that may arise from a breach of the Act.