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

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

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2017G00009 In force Gazette

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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
2016/7796	Anglo coal (Grosvenor) Pty Ltd/Mining/Morabah - approx. 150km south-west of Mackay/ Queensland/Construction and operation of an extension to the existing underground coal mine, Grosvenor Mine, near Moranbah, 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)	17/11/2016
2016/7797	BORAL RESOURCES QLD PTY LIMITED/Mining/12 km north west of Oxenford/Queensland/Ormeau Quarry Expansion, 12km NW Oxenford, QLD	Listed threatened species and communities (sections 18 & 18A)	21/11/2016
2016/7670	Port of Newcastle Lessor Pty Ltd/Waste Management (non-sewerage)/Cormorant Road, Kooragang Island, Newcastle, NSW/New South Wales/Kooragang Island Wast Emplacement Facility - Area 2 Closure Works, NSW	Wetlands of international importance (sections 16 & 17B) Listed threatened species and communities (sections 18 & 18A)	2/12/2016
2016/7784	NSW Electricity Networks Operations Pty Ltd/Energy Generation and Supply (renewable)/South of Parkwood Drive, extending up to 900m to the south of Stockdill Drive./Australian Capital Territory/ Construction of new substation and associated transmission line works, ACT	Listed threatened species and communities (sections 18 & 18A)	5/12/2016
2016/7805	Australia Pacific LNG Pty Limited/Energy Generation and Supply (non-renewable)/sthrn part of Petroleum Lease 1011, approx 40kms south of Miles/Queensland/Condabri South CSG Extension Development, Qld	A water resource, in relation to coal seam gas development and large coal mining development (sections 24D & 24E)	13/12/2016
2016/7814	John Sergeant/Transport - Water/Smith Bay, Kangaroo Island/South Australia/Smith Bay Wharf development, Kangaroo Island, SA	Listed threatened species and communities (sections 18 & 18A) Listed migratory species (sections 20 & 20A) Commonwealth marine areas (sections 23 & 24A)	14/12/2016
2016/7817	Mirvac Queensland Pty Limited/Residential Development/138-168 Teviot Rd, 456-522 Greenbank Rd and 96-102 Brightwell Street, Greenbank/ Queensland/Mirvac Greater Flagstone Project - Master Planned Development, Greenbank, Qld	Listed threatened species and communities (sections 18 & 18A)	15/12/2016
2016/7776	Shoreline Redlands Pty Ltd/Residential Development/Serpentine Creek Rd and Orchard Rd Redland Bay/Queensland/Shoreline urban village development, Redland Bay, Qld	Wetlands of international importance (sections 16 & 17B) Listed threatened species and communities (sections 18 & 18A) Listed migratory species (sections 20 & 20A)	19/12/2016
2016/7804	Peter MacBeth/Residential Development/DP 835288, Oakdale/New South Wales/Residential sudivision, Lot 1, 1550 Burragorang Road, Oakdale, NSW	Listed threatened species and communities (sections 18 & 18A)	22/12/2016
2016/7816	Wambo Coal Pty Limited/Mining/Approx. 20km west of Singleton, near Warkworth, NSW/New South Wales/South Bates Extension Underground Mine, Warkworth, 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)	22/12/2016

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

Reference	Title	Date
2016/7789	SunWater Limited/Water Management and Use/Boondooma Dam Road, Proston, Qld/Queensland/Boondooma Dam Spillway Repair Project, Qld	4/11/2016
2016/7807	Edify Energy Pty Ltd/Energy Generation and Supply (renewable)/Lalbert-Kerang Road, Bael Bael/Victoria/Gannawarra Solar Farm Development, Vic	28/11/2016
2016/7795*	RTI Connectivity Pty Ltd/Telecommunications/Narrabeen Beach, Sydney, NSW/New South Wales/Japan-Guam-Australia (JGA) Fibre Optic Cable project	5/12/2016
2016/7782	Pymore Recyclers International Pty Ltd/Waste Management (non-sewerage)/Kurri Kurri - approx. 40km northwest of Newcastle, NSW/New South Wales/Battery Recycling Facility, Kurri Kurri, NSW	13/12/2016
2016/7811	MAIN ROADS WA/Transport - Land/219.45 - 221.00SLK/Western Australia/South Western Hway upgrade (Padbury Hill Stage 2), east of Balingup, WA	13/12/2016
2015/7510	Ezion Offshore Logistics Hub (Tiwi) Pty Ltd/Transport - Water/Melville Island/Northern Territory/Port Melville marine supply base, Melville Island	14/12/2016
2016/7824*	Edify Energy Pty Ltd/Energy Generation and Supply (renewable)/Delamothe Road (also known as Strathmore Road) Springlands/Queensland/Solar Farm development, north-west of Collinsville, Qld	15/12/2016
2016/7821	Townsville City Council/Waste Management (sewerage)/Racecourse Road, Stuart, Townsville/Queensland/Cleveland Bay Purification Plant Outfall Upgrade Project, Townsville, Qld	20/12/2016

* 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
2016/7796	Anglo coal (Grosvenor) Pty Ltd/Mining/Morabah - approx. 150km south-west of Mackay/Queensland/Construction and operation of an extension to the existing underground coal mine, Grosvenor Mine, near Moranbah, Qld	Preliminary Documentation	17/11/2016
2016/7797	BORAL RESOURCES QLD PTY LIMITED/Mining/12 km north west of Oxenford/Queensland/Ormeau Quarry Expansion, 12km NW Oxenford, QLD	Preliminary Documentation	21/11/2016
2016/7805	Australia Pacific LNG Pty Limited/Energy Generation and Supply (non-renewable)/sthrn part of Petroleum Lease 1011, approx 40kms south of Miles/Queensland/Condabri South CSG Extension Development, Qld	Preliminary Documentation	13/12/2016
2016/7817	Mirvac Queensland Pty Limited/Residential Development/138-168 Teviot Rd, 456-522 Greenbank Rd and 96-102 Brightwell Street, Greenbank/Queensland/Mirvac Greater Flagstone Project - Master Planned Development, Greenbank, Qld	Preliminary Documentation	15/12/2016
2016/7776	Shoreline Redlands Pty Ltd/Residential Development/Serpentine Creek Rd and Orchard Rd Redland Bay/Queensland/Shoreline urban village development, Redland Bay, Qld	Preliminary Documentation	19/12/2016
2016/7670	Port of Newcastle Lessor Pty Ltd/Waste Management (non-sewerage)/Cormorant Road, Kooragang Island, Newcastle, NSW/New South Wales/Kooragang Island Wast Emplacement Facility - Area 2 Closure Works, NSW	Preliminary Documentation	22/12/2016
2016/7804	Peter MacBeth/Residential Development/DP 835288, Oakdale/New South Wales/Residential sudivision, Lot 1, 1550 Burragorang Road, Oakdale, NSW	Preliminary Documentation	22/12/2016

DECISION ON APPROVAL (EPBC Act s.133)

Reference	Title	Approval Decision	Date
2015/7473	Mr Chris Chadwick Trustee for the Chadwick Family Trust/Commercial development/Hallam/VIC/Warehouse construction and road widening 74-94 Centre Road, Hallam	Approved with conditions	6/10/2016
2013/7042	Main Roads Western Australia/Transport - land/Btwn Tonkin Hway & Reid Hway junction to Muchea/WA/Perth-Darwin National Highway alignment (Swan Valley Section), WA	Approved with conditions	2/12/2016
2014/7377	HUNTER VALLEY ENERGY COAL PTY LTD/Mining/Upper Hunter Valley/New South Wales/Mt Arthur Coal open cut mine modification, Muswellbrook, NSW	Approved with conditions	5/12/2016

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

Reference	Title	Reconsideration Decision	Date
2014/7271	Wet Tropics Management Authority/Natural Resources Management/Bentley Park-Mt Peter/Queensland/Yellow Crazy Ant Eradication Wet Tropics World Heritage Area, Nth QLD	Not a Controlled Action if undertaken in a Particular Manner	13/12/2016

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

Reference	Title	Date
2008/4419	COAL AND ALLIED OPERATIONS PTY LTD/Residential Development/Catherine Hill, Nords Wharf and Gwandalan,Lake Macquarie NSW/New South Wales/Subdivide and Develop	28/11/2016
2009/5087	B M Webb Holdings Pty Ltd/Mining/Cape Cleveland/Queensland/Staged sand extraction, Lot 1 on RP733021, 203 Carty Road	29/11/2016
2011/5965	Glencore Coal Queensland Pty Limited/Mining/16km west of Rolleston in Central Queensland/Queensland/Rolleston Coal Expansion Project	6/12/2016
2009/4974	AUSTRALIA PACIFIC LNG PTY LIMITED/Energy Generation and Supply (non-renewable)/Walloon Gas Fields, Surat Basin, Darling Downs/Queensland/Expansion of Coal Seam Gas Fields	8/12/2016
2011/5850	WILLOGOLECHE POWER PTY LTD/Energy Generation and Supply (renewable)/3.5 Km from the town of Hallett, SA/South Australia/Willogoleche Wind Farm, SA	12/12/2016
2010/5337	LANDCORP/Commercial Development/Rockingham/Western Australia/Industry Zone	13/12/2016
2007/3574	DELFIN LEND LEASE/Commercial Development/Bruce Highway, Julago, 12 km south east of Townsville CBD/Queensland/Development and Construction of Rocky Springs Masterplanned Community	19/12/2016
2010/5571	WHITEHAVEN COAL LIMITED/Mining/Approx 4km S of Werris Creek & 11km NNW of Quirindi/New South Wales/Werris Creek Life of Mine Extension Project	19/12/2016
2013/6757	PORT MACQUARIE HASTINGS COUNCIL/Transport - Land/Dunbogan, New South Wales/New South Wales/Upgrade sections of Reid Street, The Boulevard & Tip Gravel Road to improve flood & evacuation access, Dunbogan, NSW	20/12/2016
2012/6615	Santos Limited/Energy Generation and Supply (non-renewable)/Central Southern Queensland/Queensland/Santos GLNG Gas Field Development Project, QLD	23/12/2016

NOTICE OF EXTENSION OF TIME (EPBC Act s.130(4))

Reference	Title	Extended by (Days)	Date
2014/7304	Queanbeyan Palerang Regional Council/Transport - Land/East Queanbeyan/New South Wales/Ellerton Drive Extension, East Queanbeyan, NSW	60 business days	4/12/2016

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. It was introduced to address the need for a comprehensive framework to manage and conserve Australia's biodiversity, heritage, and natural resources. 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 proposed actions that may have a significant impact on the environment are assessed and managed appropriately, balancing environmental protection with economic and social considerations. The EPBC Act sets out a process for the assessment and approval of certain activities that may impact on matters of national environmental significance, including listed threatened species and communities, water resources, and wetlands of international importance. The Act requires that proponents of activities that may have a significant impact on these matters seek approval from the Minister for the Environment, either directly or through a referral process to the relevant state or territory government. The Act also provides for the setting of conditions on approvals to mitigate potential environmental impacts. The Department of Agriculture, Water and the Environment is responsible for administering the EPBC Act and ensuring compliance with its provisions.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to actions that have, will have, or are likely to have a significant impact on matters of national environmental significance. These include, but are not limited to, World Heritage properties, wetlands of international significance, listed threatened species and ecological communities, and water resources that are part of coal seam gas developments and large coal mining operations. The Act applies to a wide range of entities, including corporations, unincorporated associations, and individuals. The scope of the Act is national, covering actions that occur within Australia and its territorial waters. However, the Act also extends to activities outside Australia's jurisdiction if they significantly impact on matters of national environmental significance within Australia. Certain actions are exempt from the Act, including those undertaken in accordance with specific guidelines or codes of practice, or those that are minor in nature and have minimal impact on the environment. The Act can be extended or restricted through subordinate instruments, such as regulations or guidelines, issued by the relevant Minister.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a comprehensive piece of legislation designed to protect and conserve the environment, particularly by regulating activities that may impact on matters of national environmental significance. Key provisions of the Act include the identification of actions that require approval under sections 75 and 78C, and the assessment approach outlined in section 87. Additionally, sections 133 and 143 deal with the approval and variation of conditions of approval for controlled actions. Under the EPBC Act, certain actions are classified as controlled actions and require approval from the relevant federal minister before they can proceed. These controlled actions include mining, energy generation and supply, residential and commercial development, and waste management, among others. Actions that may impact on listed threatened species and communities, water resources, wetlands of international importance, or Commonwealth marine areas are also subject to stringent regulatory oversight. The Act provides a robust framework for assessing the potential environmental impacts of these actions and for imposing conditions on their approval to mitigate any adverse effects. Entities and individuals must comply with the requirements of the EPBC Act when undertaking controlled actions. This includes submitting detailed proposals to the Department of the Environment and Energy for assessment, and adhering to any conditions imposed on the approval of their actions. Failure to comply with the Act can result in civil and criminal penalties, including fines and imprisonment. For instance, section 517 of the Act provides for the imposition of fines of up to $666,000 for individuals and $3.33 million for bodies corporate for breaches of the Act, while section 528A prescribes a maximum penalty of imprisonment for five years for serious and repeated breaches. The Act also includes provisions for the reconsideration of decisions made under section 75(1) and the variation of conditions of approval under section 143. These provisions provide a mechanism for parties to challenge decisions or seek modifications to the conditions of approval where circumstances change or new information becomes available. The Act imposes obligations on the Department of the Environment and Energy to ensure that notifications relating to the processing of referrals for approval are timely and accurate, with ongoing quality assurance procedures in place to minimise the risk of missed notifications. In summary, the EPBC Act provides a comprehensive framework for the protection and conservation of the environment, with key provisions relating to the identification and assessment of controlled actions, the imposition of conditions on their approval, and the enforcement of compliance through civil and criminal penalties. The Act also includes provisions for the reconsideration of decisions and the variation of conditions of approval, providing a mechanism for ongoing regulatory oversight and adaptation to changing circumstances.

Area of Law: Environmental Law
Instrument: Gazette Notice
Concepts: Listed threatened species and communities; Listed migratory species; Wetlands of international importance; A water resource; Offence Provisions

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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.

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