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 |
2013/6741 | Administration of Norfolk Island/Transport - water/Approximately 5.4 km from Kingston/Norfolk Island/To extend, widen and strengthen the Cascade Jetty | - Listed threatened species and communities (sections 18 & 18A)
- Listed migratory species (sections 20 & 20A)
- Commonwealth marine areas (sections 23 & 24A)
| 26/03/2013 |
2013/6767 | Oakford Land Company Pty Ltd/Mining/Approximately 40km north of Perth CBD/WA/Limestone extraction on Lot 8 Wattle Avenue, Nowergup | - Listed threatened species and communities (sections 18 & 18A)
| 03/04/2013 |
actions determined as NOT requiring approval (EPBC Act s.75)
Reference | Title | Date |
2013/6758* | Australian Power Boat Association Offshore Council Inc/Tourism and recreation/Townsville/QLD/Offshore Powerboat Race | 19/03/2013 |
2013/6715 | Energex Limited/Energy generation and supply (non-renewable)/Approximately 90km north of Brisbane/QLD/Suncoast 132kV Power Project - Palmwoods to Pacific Paradise | 20/03/2013 |
2013/6763 | Townsville Airport Pty Ltd/Transport - land/Townsville Airport, approximately 5km west of Townsville/QLD/Demolition of Building 2 for construction of internal road network | 26/03/2013 |
2013/6766 | Main Roads Western Australia/Transport - land/approximately 2kms north of Kojonup, WA/WA/Albany Highway Upgrade (248.4 - 250.8 SLK) WA | 27/03/2013 |
2012/6247* | Parks Victoria/Tourism and recreation/Berwick, 40km south east of Melbourne/VIC/Cardinia Creek (North) Parklands Master Plan, Stage 1 | 27/03/2013 |
2012/6646* | Minjar Gold Pty Ltd/Mining/Within Shires of Yalgoo & Perenjori in South Murchison WA/WA/Minjar Gold Mining Project, WA | 03/04/2013 |
* 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 |
2013/6741 | Administration of Norfolk Island/Transport - water/Approximately 5.4 km from Kingston/Norfolk Island/To extend, widen and strengthen the Cascade Jetty | Preliminary Documentation | 26/03/2013 |
2013/6767 | Oakford Land Company Pty Ltd/Mining/Approximately 40km north of Perth CBD/WA/Limestone extraction on Lot 8 Wattle Avenue, Nowergup | Preliminary Documentation | 03/04/2013 |
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2011/6210 | Department of Infrastructure, Energy and Resources (DIER)/Transport - land/Between Arthur River Township & Trowutta Township/TAS/Tarkine Forest Drive Road Upgrade | Approved with conditions | 27/03/2013 |
2009/5174 | Toro Energy Limited/Mining/30km south and southeast of Wiluna/WA/Wiluna Uranium Project | Approved with conditions | 02/04/2013 |
variation of conditions of approval (EPBC Act s.143)
Reference | Title | Date |
2005/2270 | BHP Billiton Olympic Dam Corporation Pty Ltd/Mining/Olympic Dam/SA/Expansion of the Olympic Dam copper, uranium, gold and silver mine, processing plant and associated infrastructure | 02/04/2013 |
2005/2163 | Olympia Resources Limited/Mining/Keysbrook/WA/Mineral Sands Mine | 03/04/2013 |
2010/5389 | Ravensworth Operations Pty Ltd/Mining/26km from Singleton & 25km from Muswellbrook/NSW/Ravensworth Operations Project | 03/04/2013 |
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 a framework for the protection of the environment, particularly focusing on matters of national and international significance. The Act was introduced to address the need for a cohesive national approach to environmental protection, especially in relation to species and ecosystems that are threatened, migratory, or located in Commonwealth marine areas. It establishes a system for the assessment and approval of actions that may significantly impact the environment, aiming to balance environmental protection with economic and social considerations. The Department of Sustainability, Environment, Water, Population and Communities administers the Act, with a policy objective to ensure the sustainable use and conservation of Australia's biodiversity and environment.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to actions that may significantly affect matters of national environmental significance, including listed threatened species and communities, listed migratory species, and Commonwealth marine areas. The Act's jurisdiction extends across Australia and applies to both individuals and entities, irrespective of the industry or type of action, provided that the action may significantly impact the matters of national environmental significance. The EPBC Act provides for the approval or veto of certain actions through referrals to the relevant minister, and the Act's application may be extended or restricted through subordinate instruments such as regulations and guidelines. Some actions are determined as not requiring approval if they are undertaken in a particular manner specified in the EPBC Act or related instruments. However, the Act does not apply to actions that are exempt under certain circumstances, such as actions that are undertaken in accordance with a state or territory environmental protection law that is deemed to be equivalent to the EPBC Act.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) includes several sections that are particularly relevant to the governance of environmental projects. Sections 75 and 133 address the approval process for actions that may impact the environment, while section 143 pertains to variations of conditions of approval. Section 75 of the EPBC Act stipulates that certain actions require approval before they can proceed, particularly those that may have a significant impact on matters of national environmental significance (s.75(1)). Conversely, section 75 also identifies actions that do not require approval, provided they adhere to specified conditions (s.75(2)). For example, the offshore powerboat race organised by the Australian Power Boat Association Offshore Council Inc. was determined not to require approval (s.75(2)), while the Cascade Jetty extension project on Norfolk Island needed approval due to potential impacts on listed threatened species (s.75(1)).
The Act imposes several obligations on parties or entities undertaking actions that may impact the environment. For instance, they must submit a referral to the Department of Sustainability, Environment, Water, Population and Communities for assessment (s.87). This includes providing preliminary documentation to facilitate the assessment process. Additionally, any modifications to previously approved actions must also be referred to the department (s.143). The Oakford Land Company's limestone extraction project in Western Australia and the Tarkine Forest Drive Road Upgrade in Tasmania both followed these obligations by submitting the necessary documentation for assessment and approval.
Failure to comply with the requirements of the EPBC Act can result in various consequences. Offences under the Act may lead to criminal penalties, including fines of up to $210,000 for individuals and $1,050,000 for corporations (s.516). Additionally, civil penalties can be imposed for breaches of the Act, with fines of up to $63,000 for individuals and $315,000 for corporations (s.517). For example, if the Oakford Land Company's limestone extraction project in Western Australia or the Tarkine Forest Drive Road Upgrade in Tasmania failed to comply with the approved conditions, they could face these penalties.
In summary, the Environment Protection and Biodiversity Conservation Act 1999 sets out clear provisions for the assessment and approval of actions that may impact the environment. Section 75 distinguishes between actions requiring approval and those that do not, while section 87 mandates the submission of referrals for assessment. Section 143 deals with variations to approved actions. Non-compliance with the Act can result in significant criminal and civil penalties, as outlined in sections 516 and 517.