Actions Determined as Requiring Approval, Actions Determined as Not Requiring Approval, Assessment Approach, Decision on Approval, Outcome of Request for Reconsideration and Variation of Conditions of Approval

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2018G00553 In force Gazette

Legislation content

 

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

2017/8119

SIRONA CAPITAL MANAGEMENT PTY LTD / Commercial Development / 127 ha portion of Lot 102 (Survey Plan 404620 / 809) Great Northern Highway, / Western Australia / Muchea Industrial Precinct, Part of Lot 102 Great Northern Highway, Muchea, WA

  • Listed threatened species and communities (sections 18 & 18A)

6/06/2018

2018/8206

TALISON LITHIUM AUSTRALIA PTY LTD / Exploration (mineral, oil and gas - non-marine) / Mulitple mining leases / Western Australia / Greenbushes Lithium mine expansion, 80 km SE of Bunbury, WA

  • Listed threatened species and communities (sections 18 & 18A)

17/06/2018

2017/8116

MRV SURAT BASIN COAL PTY LTD / Mining / MDL420 / Queensland / Surat Basin Coal Project, 25 km south of Wandoan, QLD

  • 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)

22/06/2018

 

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

Reference

Title

Date

2018/8199

NEW SOUTH WALES LANCERS MEMORIAL MUSEUM INCORP / Tourism and Recreation / Lancer Barracks, Parramatta, NSW, 2150 / New South Wales / Overhead cover for heritage vehicles, Lancer Barracks, Parramatta

13/06/2018

2018/8190

LOGAN CITY COUNCIL / Waste Management (sewerage) / Approximate central Lot: Lot 907 SP 281066 / Queensland / Flagstone Central to Cedar Grove WWTP Conveyance Pipeline

19/06/2018

2018/8147

HELLYER GOLD MINES PTY LTD / Mining / CML 103 / 87 Property Address MURCHISON HWY GUILDFORD TAS 7321 Property ID 3391086 Authority Forestry  / Tasmania / Hellyer Mine - Tailings Storage Facility (TSF2), near Waratah, north-west Tas

22/06/2018

2018/8214

POLARIS COOMERA PTY LTD / Residential Development / Lot 44 on SP207822 / Queensland / Coomera Woods Protection Zone, 49 George Alexander Way, Coomera Qld

28/06/2018

 

Assessment Approach (EPBC Act s.87)

Reference

Title

Assessment Approach

Date

2012/6424

Western Australian Land Authority (trading as Landcorp) / Commercial development / Lot 701 Flynn Drive Neerabup  / WA / Neerabup industrial estate

Preliminary Documentation

11/10/2012

2017/8081

PERTH AIRPORT PTY LTD / Transport - Air and Space / Perth Airport / Western Australia / S160 Perth Airport New Runway Project, Perth Airport, WA

Accredited Assessment Process under the Airports Act 1996 (Commonwealth).

20/02/2018

2017/8119

SIRONA CAPITAL MANAGEMENT PTY LTD / Commercial Development / 127 ha portion of Lot 102 (Survey Plan 404620 / 809) Great Northern Highway, / Western Australia / Muchea Industrial Precinct, Part of Lot 102 Great Northern Highway, Muchea, WA

Preliminary Documentation

6/06/2018

2018/8146

Canberra Airport Limited / Commercial Development / 25 Catalina Drive, Canberra Airport / Australian Capital Territory / S160 Exposure Draft MDP

Accredited Assessment Process under the Airports Act 1996 (Commonwealth).

8/06/2018

 


DECISION ON APPROVAL (EPBC Act s.133)

Reference

Title

Approval Decision

Date

2016/7696

Roads and Maritime Services / Transport - Land / Mersey Road, Bringelly to Glenmore Parkway, Glenmore Park / New South Wales / The Northern Road upgrade - Mersey Rd, Bringelly to Glenmore Parkway, Glenmore Park, NSW

Approved with conditions

15/06/2018

2014/7260

Verdant Minerals Ltd / Mining / ML29463 and ML 29854, Ammaroo Station SE Tennant Creek / Northern Territory / Ammaroo Phosphate Mine, Ammaroo Station, NT

Approved with conditions

19/06/2018

2014/7364

Barry Road Project Pty Ltd / Residential Development / 135-161 Barry Road, Thomastown / Victoria / Residential Development, 135-161 Barry Road, Thomastown, Victoria

Approved with conditions

20/06/2018

2017/7959

samoan independent seventh day adventist church / Private / 700 Barry Road, Broadmeadows, VIC, 3047 / Victoria / Church, Hall & Community Facility, 700 Barry Road, West Meadows, Victoria

Approved with conditions

26/06/2018

 

OUTCOME OF REQUEST FOR RECONSIDERATION OF S75(1) DECISION (EPBC Act s.78C)

Reference

Title

Reconsideration Decision

Date

2017/8022

AUSBUILD DEVELOPMENT CORP PTY LTD / Residential Development / Multiple properties - refer Lot and RP descriptions on Figure 2.  / Queensland / Warner Road Residential Development, Warner, Qld

Controlled Action

22/06/2018

 

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

Reference

Title

Date

2009/5243

PACIFIC NATIONAL / Transport - Land / Lot 1 in DP 1129191, Mansfield Street, Greta / New South Wales / Construction of Train Support Facility and Associated Infrastructure

23/05/2018

2011/5795

Coal and Allied Operations Pty Ltd / Mining / Upper Hunter Valley, 4km northwest of Muswellbrook / New South Wales / Mount Pleasant Project

1/06/2018

2004/1770

BHP MITSUI COAL PTY LTD / Mining / Poitrel, via Moranbah / Queensland / Open Cut Coal Mining

8/06/2018

2002/755

NewField Australia(Ashmore Cartier) Pty Ltd / Mining / Timor Sea / Commonwealth Marine / Montara 4, 5, and 6 Oil Production Wells, and Montara 3 Gas Re-Injection Well

12/06/2018

2014/7306

CHERISH ENTERPRISES PTY LTD / Residential Development / Ipswich City / Queensland / Springview Village One, Springfield, Ipswich City, QLD

12/06/2018

2016/7700

Australian National University / Commercial Development / Building 11, Ellery Crescent, ANU Acton / Australian Capital Territory / Development of a new facility for the ANU College of Arts and Social Sciences, ANU Action Campus, ACT

12/06/2018

2013/6908

LIDDELL COAL OPERATIONS PTY LTD / Mining / 25 kms NW Singleton, Hunter Valley / New South Wales / Extension of Liddell open cut coal mining operations, NSW

20/06/2018

 

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, through the assessment and approval of certain actions that may impact upon these matters. This legislation was introduced to address the need for a comprehensive framework to manage the environmental impacts of human activities across Australia. The EPBC Act is administered by the Australian Government's Department of Agriculture, Water and the Environment. The policy objective of the Act is to ensure that actions which may have a significant impact on the environment are assessed and, where necessary, approved or mitigated to prevent or minimise environmental harm. The Act aims to integrate environmental considerations into decision-making processes at both federal and state levels, thereby promoting sustainable development and conservation of Australia's unique biodiversity and natural resources.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of actions that may impact on matters of national environmental significance, including listed threatened species and communities, water resources in relation to coal seam gas development and large coal mining development, and other sensitive ecosystems. The Act applies to both individuals and entities, including corporations and government bodies, and covers a broad spectrum of industries such as mining, commercial development, and transport. The geographic scope of the Act extends across the Commonwealth of Australia, including all states, territories, and offshore areas. The Act's application is not limited to specific thresholds or exemptions, and its provisions may be extended or restricted through subordinate instruments. The Department of the Environment and Energy is responsible for administering the Act and has implemented quality assurance procedures to ensure that notifications are made within the required timeframes. However, the department acknowledges that missed notifications may occasionally occur and commits to notifying the public of such instances, even if they are outside the mandated timeframe.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the "EPBC Act") is a comprehensive piece of legislation designed to protect and manage Australia's environment, particularly areas of national environmental significance. The Act includes provisions for the approval and regulation of certain actions that may impact the environment (s.75). These sections require that certain actions be assessed for their potential environmental impact and may require approval before they can proceed. For example, actions such as commercial developments, mining activities, and transport infrastructure projects may need approval under the EPBC Act if they are likely to have a significant impact on listed threatened species or communities (ss.18 & 18A), or on water resources in relation to coal seam gas development and large coal mining operations (ss.24D & 24E). The EPBC Act imposes several obligations on the parties or entities it governs. These include the requirement to notify the relevant authorities of any proposed actions that may require approval under the Act, and to provide any necessary information and documentation to support an assessment of the potential environmental impacts of the action (s.87). The Act also requires that any approved actions be carried out in accordance with the conditions of the approval, which may include requirements for environmental management, monitoring, and reporting (s.133). Failure to comply with these obligations may result in legal action being taken against the responsible party, including fines and other penalties. The EPBC Act also includes provisions for offences, penalties, and civil or criminal consequences for breach of the Act or its regulations. For example, knowingly or recklessly making a false or misleading statement in an approval application or other document required under the Act is an offence that carries a maximum penalty of five years imprisonment or a fine of up to $330,000 (s.477). Similarly, carrying out an action that is subject to an approval under the Act without first obtaining the required approval is an offence that carries a maximum penalty of two years imprisonment or a fine of up to $220,000 (s.476). In addition to criminal penalties, the Act also provides for civil remedies, such as injunctions and damages, for breaches of the Act or its regulations. The specific penalties and consequences for breach will depend on the nature and severity of the breach, and will be determined by a court or other relevant authority in accordance with the provisions of the Act.

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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.