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Actions Determined as Requiring Approval, Actions Determined as not Requiring Approval, Assessment Approach, Decision on Approval, Variation of Conditions of Approval

Actions Determined as Requiring Approval, Actions Determined as not Requiring Approval, Assessment Approach, Decision on Approval, Variation of Conditions of Approval

Administered by Department of the Environment and Energy

Legislation au C2013G00057 In force Gazette

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DEPARTMENT OF SUSTAINABILITY, ENVIRONMENT, WATER, POPULATION

and COMMUNITIES

Environment Protection and Biodiversity Conservation Act 1999

For further information see the referrals list at http://www.environment.gov.au/epbc/notices

and type the reference number in the Search box

actions determined as requiring approval (EPBC Act s.75)

Reference	Title	Controlling Provisions	Date
2012/6533	Muswellbrook Shire Council/Transport - land/Muswellbrook/NSW/Thomas Mitchell Drive Upgrade, Muswellbrook, NSW	Listed threatened species and communities (sections 18 & 18A)	06/12/2012
2012/6627	Australian National University /Commonwealth/Vicinity of Menzies Library, McDonald Pl, ANU Campus Acton/ACT/Proposed demolition and landscape works	Commonwealth land (26 & 27A) Commonwealth action (section 28)	13/12/2012
2012/6643	Eaton Place Pty Ltd /Tourism and recreation/Hummock Hill Island 30km south east of Gladstone/QLD/Pacificus Tourism Project	World Heritage (sections 12 & 15A) National Heritage (sections 15B & 15C) Listed threatened species and communities (sections 18 & 18A) Listed migratory species (sections 20 & 20A) Great Barrier Reef Marine Park (sections 24B & 24C)	14/12/2012
2012/6617	Western Sydney Parklands Trust/Commercial development/Eastern Creek/NSW/Eastern Creek Business Hub, NSW	Listed threatened species and communities (sections 18 & 18A)	17/12/2012
2012/6652	Main Roads Western Australia/Transport - land/Approx 8.5km south of Bunbury/WA/Bunbury Outer Ring Road Southern Section	Listed threatened species and communities (sections 18 & 18A)	18/12/2012
2012/6587	MZI Limited/Mining/Bathurst Island/NT/Kilimiraka Mineral Sands and Associated Infrastructure (Bathurst Island), NT	Listed threatened species and communities (sections 18 & 18A) Listed migratory species (sections 20 & 20A) Commonwealth marine areas (sections 23 & 24A)	10/12/2012
2012/6636	Pilbara Logistics Western Australia (PLWA) Group/Mining/Approx 30km south east of Port Hedland in the Pilbara Region/WA/Development of a Quarry Operation to extract gravel, sand and pindan material	Listed threatened species and communities (sections 18 & 18A)	20/12/2012
2012/6630	Ridley Corporation Limited/Residential development/Portarlington Road, Geelong/VIC/Geelong Salt Fields Urban Renewal Project	Wetlands of international importance (sections 16 & 17B) Listed threatened species and communities (sections 18 & 18A) Listed migratory species (sections 20 & 20A)	24/12/2012

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

Reference	Title	Date
2012/6577	Port Macquarie Hastings Council/Transport - land/Port Macquarie/NSW/The Ruins Way Road Upgrade, Port Macquarie, NSW	12/12/2012
2012/6623	Port of Brisbane Pty Ltd/Water management and use/Western end of Fisherman Islands at Port of Brisbane/QLD/Infilling of the Lucinda Drive stormwater retention pond	13/12/2012
2012/6628	Department of Transport and Main Roads/Transport - land/South-east Queensland/QLD/Roma to Taroom Road Repair and Reconstruction	14/12/2012
2012/6632	The Water Corporation/Water management and use/Between Millstream Dam and the town of Greenbushes/WA/Millstream to Greenbushes Link Mains	18/12/2012
2012/6639	Saracen Gold Mines Pty Ltd/Mining/approximately 120km northeast of Kalgoorlie, WA/WA/Construction of a bypass road, haulage contractor workshop & laydown yard	18/12/2012
2012/6666	Polaris Metals Pty Ltd/Mining/approx 130km nth of Newman, East Pilbara Region/WA/Lamb Creek Iron Ore Project, East Pilbara, WA	21/12/2012
2012/6660	APT Petroleum Pipelines Pty Ltd /Energy generation and supply (non-renewable)/South of Brisbane River at Carina to Upper Mt Gravatt/QLD/Roma to Brisbane Gas Transmission Pipeline Metropolitan Loop	24/12/2012
2012/6647	Astrosphere Pty Ltd /Tourism and recreation/Ayers Rock Resort, Yulara/NT/Ayers Rock Skyflyer	28/12/2013
2012/6598*	Australian Nuclear Science and Technology Organisation/Science and research/Lucus Heights/NSW/ANSTO Nuclear Medicine Mo99 Facility, NSW	13/12/2012
2012/6633*	CSIRO /Science and research/Tidbinbilla/ACT/Construction of Two Additional Antennas at the Canberra Deep Space Communication Complex	19/12/2012
2012/6661*	Optus Networks Pty Ltd/Telecommunications/intersection Melton Hway &The Regency to sth High St Melton, VIC/VIC/Optus cabling - Melton backbone installation, Sydenham to Melton VIC	20/12/2012
2012/6612*	REpower Australia Pty Ltd/Energy generation and supply (renewable)/South-west of Ardrossan on the Yorke Peninsula/SA/Ceres Wind Farm, SA	21/12/2012
2012/6645*	Territory and Municipal Services, ACT Government/Tourism and recreation/Canberra/ACT/Canberra Centenary Trail Project	21/12/2012
2012/6626*	Murphy Australia Oil Pty Ltd/Exploration (mineral, oil and gas - marine)/Perth Basin/WA/Marine Seismic Survey in Permit WA-481P	28/12/2012

* Actions which are not controlled actions provided they are undertaken in a particular manner. Further information on provision and manner specified is available from www.environment.gov.au/epbc/notices

Assessment Approach (EPBC Act s.87)

Reference	Title	Assessment Approach	Date
2012/6533	Muswellbrook Shire Council/Transport - land/Muswellbrook/NSW/Thomas Mitchell Drive Upgrade, Muswellbrook, NSW	Preliminary Documentation	06/12/2012
2012/6627	Australian National University /Commonwealth/Vicinity of Menzies Library, McDonald Pl, ANU Campus Acton/ACT/Proposed demolition and landscape works	Preliminary Documentation	13/12/2012
2012/6617	Western Sydney Parklands Trust/Commercial development/Eastern Creek/NSW/Eastern Creek Business Hub, NSW	Preliminary Documentation	17/12/2012
2012/6643	Eaton Place Pty Ltd /Tourism and recreation/Hummock Hill Island 30km south east of Gladstone/QLD/Pacificus Tourism Project	Environmental Impact Statement	14/12/2012

* If the Assessment Approach is an Accredited Assessment Process the process must also be identified

DECISION ON APPROVAL (EPBC Act s.133)

Reference	Title	Approval Decision	Date
2005/2159	Satori Resorts Ella Bay Pty Ltd/Urban and commercial new development/Ella Bay/QLD/Ella Bay Residential and Tourism Development	Approved with conditions	11/12/2012
2012/6397	Sunshine Coast Regional Council/Natural resources management/Golden Beach, Sunshine Coast/QLD/Golden Beach, Beach Nourishment and Dredging Works, QLD	Approved with conditions	14/12/2012
2012/6242	Western Desert Resources Ltd/Mining/Savannah Way, Gulf Region /NT/Roper Bar Iron Ore Mine and Transport Infrastructure	Approved with conditions	16/12/2012
2006/2912	Northeast Business Park/Urban and commercial new development/Caboolture, Morayfield/QLD/Northeast Business Park	Approved with conditions	18/12/2012
2011/5846	Shree Minerals Limited/Mining/ Nelson Bay River/TAS/Nelson Bay River Magnetite Mine	Approved with conditions	18/12/2012
2012/6392	Tasmanian Railway Pty Ltd/Transport - land/Spreyton/TAS/Spreyton Concrete Sleeper Replacement Program	Approved with conditions	24/12/2012

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

Reference	Title	Date
2008/4096	Santos Ltd/Energy generation and supply (non-renewable)/Commences Roma, QLD finishes Curtis Island, near Gladstone/QLD/Gas Pipeline & Alternative Pipeline to Supply Natural Gas Liquefaction Plant	19/12/2012
2008/4398	BG International Ltd & QGC Ltd/Energy generation and supply (non-renewable)/Surat Basin/QLD/Development of Existing Coal Seam Gas Fields	21/12/2012
2009/4974	Australia Pacific LNG Pty Limited/Energy generation and supply (non-renewable)/Walloon Gas Fields, Surat Basin, Darling Downs/QLD/Expansion of Coal Seam Gas Fields	21/12/2012

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 Sustainability, Environment, Water, Population and Communities or may not meet timeframes for notification. The Department of Sustainability, Environment, Water, Population and Communities 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 Sustainability, Environment, Water, Population and Communities 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, from the impacts of Commonwealth activities, and for related purposes. The EPBC Act was introduced to address the need for a comprehensive national framework for environmental protection, aiming to integrate environmental considerations into decision-making processes at the federal level. The Act establishes a robust system for the assessment and approval of actions that may significantly impact the environment, including those affecting World Heritage properties, nationally endangered species and ecological communities, and other areas of national environmental importance. The policy objective of the EPBC Act is to ensure that environmental factors are given appropriate consideration in the planning and decision-making processes of the Commonwealth and its agencies, thereby contributing to the sustainable use and conservation of Australia's natural resources and heritage.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to a broad range of entities and actions, including individuals, corporations, and government bodies, that are involved in activities that may impact on matters of national environmental significance. These matters include World Heritage properties, national heritage places, wetlands of international significance, listed threatened species and ecological communities, migratory species, the Great Barrier Reef Marine Park, and Commonwealth marine areas. The Act extends to actions occurring within Australia’s territorial sea, on Australian-registered aircraft and vessels outside Australia’s territorial sea, and to certain actions outside Australia that affect matters of national environmental significance. Some actions are specifically excluded from the Act’s coverage, including certain activities on Commonwealth land and activities related to the defence of Australia. The Act can also be applied through subordinate instruments, which may further define the scope and application of the legislation. The Department of Sustainability, Environment, Water, Population and Communities is responsible for administering the Act and ensuring that public notifications relating to the processing of referrals for approval are made in a timely and accurate manner.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) contains provisions that require certain actions to be approved, while others are not subject to such requirements. For actions determined to require approval (EPBC Act s.75), these include projects like the Thomas Mitchell Drive Upgrade in Muswellbrook, NSW (reference 2012/6533), the proposed demolition and landscape works at the Australian National University (reference 2012/6627), and the Pacificus Tourism Project on Hummock Hill Island, QLD (reference 2012/6643). Such actions necessitate compliance with specific sections of the Act, such as those concerning listed threatened species and communities (sections 18 & 18A), World Heritage (sections 12 & 15A), and Great Barrier Reef Marine Park (sections 24B & 24C). The Act imposes various obligations on parties or entities it governs. For instance, proponents of actions requiring approval must submit detailed documentation and undergo rigorous assessment processes to ensure minimal environmental impact. This includes providing preliminary documentation or, in some cases, an Environmental Impact Statement. Furthermore, the Act mandates that certain actions, such as those impacting Commonwealth land (sections 26 & 27A) or wetlands of international importance (sections 16 & 17B), must be carefully managed to avoid adverse effects on protected areas and species. The Act also delineates offences and penalties for non-compliance. For example, unauthorised actions that adversely affect listed threatened species or communities can result in significant fines and potential imprisonment. The maximum penalties for contravening the Act can include substantial monetary fines and imprisonment terms, reflecting the seriousness of environmental breaches. Civil and criminal consequences are also stipulated for those found in breach of the Act's provisions, ensuring accountability and deterrence. In addition to the above, the Act provides for the variation of conditions of approval for certain actions (EPBC Act s.143). This allows for adjustments to be made to the terms under which an action was initially approved, often in response to new information or changes in circumstances. Examples include the variation for the Gas Pipeline & Alternative Pipeline to Supply Natural Gas Liquefaction Plant by Santos Ltd (reference 2008/4096) and the Development of Existing Coal Seam Gas Fields by BG International Ltd & QGC Ltd (reference 2008/4398). Finally, the Department of Sustainability, Environment, Water, Population and Communities has implemented quality assurance procedures to ensure notifications for referral approvals are timely and accurate. Although there may be occasional missed notifications, the department commits to notifying the public even if timelines are missed, thereby maintaining transparency and public trust.

Area of Law: Environmental Law
Instrument: Gazette Notice
Concepts: Definitions & Interpretation; Enforcement Powers; Reporting & Disclosure Obligations; Regulatory Standards

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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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