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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 Climate Change, Energy, the Environment and Water

Legislation au C2014G00046 In force Gazette

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DEPARTMENT OF THE ENVIRONMENT

Environment Protection and Biodiversity Conservation Act 1999

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

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

Reference	Title	Controlling Provisions	Date
2013/7064	Carabella Resources Ltd /Mining/MLA 80194 southeast of Bluff/QLD/Bluff open cut coal mine project, central Queensland	Listed threatened species and communities (sections 18 & 18A)	20/12/2013
2013/7063	JKN Para 1 Pty Ltd/Commercial development/Parramatta/NSW/Increase in building height,29 Hunter Street, Old Government House precinct, Parramatta,NSW	World Heritage (sections 12 & 15A) National Heritage (sections 15B & 15C)	23/12/2013
2013/7061	ATEC Rail Group Limited/Transport - land/Moree to Toowoomba/QLD/ARG Border Rail Project Moree to Toowoomba QLD	Listed threatened species and communities (sections 18 & 18A)	24/12/2013
2013/7076	Centennial Airly Pty Ltd/Mining/Capertee, NSW/NSW/Centennial Airly Mine Extension Project	World Heritage (sections 12 & 15A) National Heritage (sections 15B & 15C) 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)	24/12/2013
2013/7083	Energy and Minerals Australia Limited/Mining/240 km north east of Kalgoorlie/WA/Develop the Mulga Rock Uranium Project, WA	Listed threatened species and communities (sections 18 & 18A) Nuclear actions (sections 21 & 22A)	07/01/2014
2013/7091	Main Roads Western Australia/Transport - land/Mitchell Freeway (Burns Beach Rd, Wanneroo to Hester Av, Joondalup, WA/WA/Mitchell Freeway Extension between Burns Beach Rd Wanneroo to Hester Av Joondalup, Perth, WA	Listed threatened species and communities (sections 18 & 18A)	09/01/2014

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

Reference	Title	Date
2013/7062	Main Roads Western Australia/Transport - land/City of Cockburn/WA/Kwinana Fwy southbound widening Roe Hwy to Armadale Rd and construction of farrington Rd off-ramp	20/12/2013
2013/7073	Main Roads Western Australia/Transport - land/City of Stirling/WA/Reid Highway duplication project(Erindale Rd - Duffy Rd)WA	20/12/2013
2013/7070	the Flinders University of South Australia/Science and research/Naracoorte/SA/Geochronology & sediment sampling in Blanche Cave, Naracoorte Caves NP, SA	22/12/2013
2013/7077	Roads Corporation/Transport - land/Great Ocean Road, Wye River, Victoria/VIC/Proposed replacement of existing road culvert	23/12/2013
2013/7015	The Trustee for Parramatta Regional Park Trust/Commercial development/Parramatta Regional Park, Parramatta/NSW/Adaptive reuse of George Street Gatehouse, Parramatta Regional Park, NSW	28/10/2013
2013/7045	Department of Environment, Water and Natural Resources/Natural resources management/wetlands along the Lower River Murray /SA/Riverine Recovery Project - Wetlands Project Phase 1B, South Australia	07/01/2014
2013/7082	Main Roads Western Australia/Transport - land/Ravensthorpe/WA/Ravensthorpe Heavy Haulage Route Project, WA	07/01/2014
2013/7087	City of Albany/Natural resources management/Betty's Beach Reserve, Manypeaks, WA/WA/4wd coastal track stabilisation & rehabilitation, Bettys Beach Reserve, WA	08/01/2014

Assessment Approach (EPBC Act s.87)

Reference	Title	Assessment Approach	Date
2013/7064	Carabella Resources Ltd /Mining/MLA 80194 southeast of Bluff/QLD/Bluff open cut coal mine project, central Queensland	Preliminary Documentation	20/12/2013
2013/7063	JKN Para 1 Pty Ltd/Commercial development/Parramatta/NSW/Increase in building height,29 Hunter Street, Old Government House precinct, Parramatta,NSW	Preliminary Documentation	23/12/2013
2013/7061	ATEC Rail Group Limited/Transport - land/Moree to Toowoomba/QLD/ARG Border Rail Project Moree to Toowoomba QLD	Preliminary Documentation	24/12/2013
2013/7091	Main Roads Western Australia/Transport - land/Mitchell Freeway (Burns Beach Rd, Wanneroo to Hester Av, Joondalup, WA/WA/Mitchell Freeway Extension between Burns Beach Rd Wanneroo to Hester Av Joondalup, Perth, WA	Preliminary Documentation	09/01/2014

DECISION ON APPROVAL (EPBC Act s.133)

Reference	Title	Approval Decision	Date
2013/6879	Doral Mineral Sands Pty Ltd/Mining/Lot 110 Simpson Road, Henty/WA/Waterloo Heavy Mineral Mining Project, Henty, WA	Approved with conditions	23/12/2013
2006/2939	Shute Harbour Marina Development Pty Ltd/Tourism, recreation and conservation management/Shute Bay/QLD/Construction of Marina Facility	Approved with conditions	09/01/2014

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

Reference	Title	Date
2007/3828	Johnson Property Group/Residential development/Cooranbong/NSW/Residential Development in Cooranbong, NSW	11/11/2013
2010/5567	Fortescue Metals Group Ltd/Mining/Approx 60km N of Tom Price, Pilbara Region/WA/Development of the Pilbara Iron One and Infrastructure Project	20/12/2013
2002/629	Warkworth Mining Limited/Mining/Upper Hunter Valley/NSW/Extending Existing operations at Warkworth Coal Mine	23/12/2013
2009/5081	Warkworth Mining Limited/Mining/Upper Hunter Valley/NSW/Warkworth Mine Extension	23/12/2013
2010/5389	Ravensworth Operations Pty Ltd/Mining/26km from Singleton & 25km from Muswellbrook/NSW/Ravensworth Operations Project	23/12/2013
2007/3660	Bankstown City Aged Care Facility/Residential development/Lot 2, Lot 14 Rex Road, Georges Hall, Bankstown LGA, Sydney/NSW/Development of an Aged Care Facility	06/01/2014
2008/3945	Bowen Central Coal Company/Mining/Winchester Rd, near Moranbah, in northern Bowen Basin/QLD/Eagle Downs Coal Mine Central Queensland	06/01/2014
2009/5252	Ulan Coal Mines Limited/Mining/1.5km E of Ulan, 19km NE of Gulgong/NSW/Continued Mining Operations and Construction of Associated Infrastructure	06/01/2014
2010/5304	Department of Planning and Infrastructure - Major Projects Unit/Manufacturing/Darwin Harbour/NT/East Arm Wharf Expansion Works	07/01/2014

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 or may not meet timeframes for notification. The Department of the Environment 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 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 a framework for the protection of the environment, particularly with respect to matters of national environmental significance. This Act was introduced to address the need for a comprehensive approach to environmental protection that considers both national and international responsibilities. The EPBC Act is administered by the Australian Government's Department of the Environment and aims to balance environmental protection with economic development. The Act outlines the processes for assessing and approving actions that may have significant environmental impacts, ensuring that these actions are managed in a manner that protects and conserves Australia's unique biodiversity and natural heritage. The policy objective of the Act is to promote the sustainable use of natural resources while safeguarding the environment for future generations.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of actions, including mining, commercial development, transport, and land use, across Australia and its territorial waters. It governs both Commonwealth and non-Commonwealth actions that may significantly impact matters of national environmental significance, such as listed threatened species and communities, World Heritage, and National Heritage properties. The Act also covers actions affecting water resources in relation to coal seam gas and large coal mining developments, as well as nuclear actions. The Act applies to individuals, corporations, and government entities engaged in activities that potentially impact the environment. The geographic reach of the Act is nationwide, encompassing all states, territories, and Commonwealth areas. Some actions are excluded from the Act's purview, such as those within the exclusive responsibility of a State or Territory or those already subject to another Commonwealth Act. The application of the Act can be extended or restricted through subordinate instruments, which provide further detail on the types of actions requiring approval and the assessment processes. Despite the Department of the Environment's efforts to ensure timely notifications, there may be instances where notifications are missed, although such instances do not affect the processing or decisions on referrals or assessments.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) mandates specific actions that require approval, including mining projects, commercial developments, and infrastructure projects that might impact listed threatened species and communities, World Heritage properties, or national heritage places (sections 18, 18A, 12, 15A, 15B, and 15C). For instance, Carabella Resources Ltd's Bluff open cut coal mine project in Queensland and JKN Para 1 Pty Ltd's increase in building height in Parramatta, NSW, are subject to these requirements (sections 18, 18A, 12, 15A). The Act also applies to nuclear actions (sections 21 and 22A) and actions affecting water resources related to coal seam gas and large coal mining developments (sections 24D and 24E). The Act further specifies certain actions that do not require approval, such as the Kwinana Freeway southbound widening project by Main Roads Western Australia and geochronology and sediment sampling in Blanche Cave by the Flinders University of South Australia (sections 18, 18A, 12, 15A, 15B, and 15C). Under the EPBC Act, parties or entities must comply with certain obligations and requirements when undertaking actions that require approval. These obligations include preparing preliminary documentation (section 87) and, if required, full environmental impact assessments. For example, Carabella Resources Ltd and ATEC Rail Group Limited are required to submit preliminary documentation for their respective projects. Furthermore, entities must adhere to the conditions imposed on their approval to ensure minimal impact on the environment and heritage places. The Act also imposes requirements on the Department of the Environment to ensure timely and effective assessment and approval processes, including quality assurance measures to prevent missed notifications. Breaching the provisions of the EPBC Act can lead to various offences, penalties, and civil or criminal consequences. The Act provides for both civil and criminal penalties for non-compliance, with the severity of the penalty depending on the nature and extent of the breach. For instance, unauthorised actions that result in harm to listed threatened species or communities can result in significant fines and, in some cases, imprisonment (section 474). The maximum penalties for contravening the Act can reach up to AUD 1.1 million for corporations and AUD 220,000 for individuals, along with potential imprisonment terms of up to five years. Additionally, the Act allows for the imposition of injunctions and other remedies to prevent or redress environmental harm.

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

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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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