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
and type the reference number in the Search box
actions determined as requiring approval (EPBC Act s.75)
Reference | Title | Controlling Provisions | Date |
2015/7451 | Cuesta Coal Limited/Mining/western Bowen Basin, 25km NW Clermont/QLD/Moorlands open cut coal mining project, Bowen Basin, 25km NW Clermont, 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)
| 22/04/2015 |
actions determined as NOT requiring approval (EPBC Act s.75)
Reference | Title | Date |
2015/7465 | V/Line Pty Ltd/Transport - land/Bacchus Marsh/VIC/Rowlsey Crossing Loop, 5km from Bacchus Marsh Station, Vic | 25/05/2015 |
2015/7443 | The Trustee for PARRAMATTA REGIONAL PARK TRUST/Tourism and recreation/O'Connell Street, Parramatta/NSW/Gardens Precinct Stage 1 landscaping works, Parramatta, NSW | 26/05/2015 |
2015/7468 | Airservices Australia/Transport - air and space/Mareeba/QLD/Hann Tablelands Transportable Radar Site, Mareeba, QLD | 26/05/2015 |
Assessment Approach (EPBC Act s.87)
Reference | Title | Assessment Approach | Date |
2015/7451 | Cuesta Coal Limited/Mining/western Bowen Basin, 25km NW Clermont/QLD/Moorlands open cut coal mining project, Bowen Basin, 25km NW Clermont, Qld | Preliminary Documentation | 22/04/2015 |
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2012/6378 | Bengalla Mining Company Pty Ltd/Mining/Muswellbrook/NSW/Continuation of Bengalla Mine | Approved with conditions | 27/05/2015 |
2014/7382 | Green Coast Resources Pty Ltd/Mining/approx 10kms south of Weipa/QLD/Hey Point bauxite mining project, approx 10kms south Weipa, Qld | Approved with conditions | 28/05/2015 |
variation of conditions of approval (EPBC Act s.143)
Reference | Title | Date |
2013/6811 | Esso Australia Resources Pty Ltd/Energy generation and supply (non-renewable)/Commonwealth waters, petroleum retention lease WA-1-R, Carnarvon Basin/Commonwealth Marine/The Scarborough Project - FLNG & assoc subsea infrastructure, Carnarvon Basin | 25/05/2015 |
2013/6837 | Coogee Energy Pty Ltd/Commercial development/Laverton North/VIC/Expansion of the Methanol Plant at 171-181 Fitzgerald Road | 25/05/2015 |
2000/11 | Woodside/Mining - Petroleum/North West Shelf/Commonwealth Marine/Echo-Yodel Production Wells | 27/05/2015 |
2003/1143 | Queensland Department of Main Roads/Land transport/Toowoomba/QLD/Toowoomba Bypass Highway Corridor | 27/05/2015 |
2005/2389 | SMB1 Mission Beach Pty Ltd/Tourism, recreation and conservation management/Mission Beach/QLD/Development of a resort complex | 27/05/2015 |
2008/4208 | INPEX Browse Ltd/Energy generation and supply (non-renewable)/Browse Basin WA to Darwin Harbour NT/Commonwealth Marine/Ichthys Gas Field, Offshore and onshore processing facilities and subsea pipeline | 27/05/2015 |
2010/5710 | Whitsunday Regional Council/Waste management (sewerage)/4km SW of Airlie Beach in the Whitsundays/QLD/Cannonvale Waste Water Treatment Facility upgrade | 27/05/2015 |
2011/5898 | Huntlee Pty Ltd/Residential development/Wine Country Drive, North Rothbury/NSW/Residential development | 27/05/2015 |
NOTICE OF EXTENSION OF TIME (EPBC Act s.130(4))
Reference | Title | Extended by (Days) | Date |
2013/6836 | Director of National Parks/Commonwealth/Christmas Island/Christmas Island/Yellow Crazy Ant Biological Control | 30 business days | 21/05/2015 |
2010/5747 | Department of Defence /Commonwealth/RAAF Base Tindal,Williamstown and Salt Ash Air Weapons Range/NSW/Flying operations of the F-35 Joint Strike Fighter | 20 business days | 25/05/2015 |
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 for the protection of the environment, particularly matters of national environmental significance, by regulating actions that may have a significant impact on the environment. The Act was introduced to address the need for a cohesive and comprehensive approach to environmental protection across Australia, aiming to integrate environmental considerations into decision-making processes affecting the environment. This legislation is administered by the Australian Parliament and its policy objective is to safeguard Australia's biodiversity and environment, ensuring sustainable use and management of natural resources.
The Gazette C2015G00832 lists various actions under the EPBC Act, detailing those that have been determined to require approval, those that do not, and assessments in progress. It also outlines decisions on approvals and variations of conditions, alongside notices of extensions of time. The Department of the Environment assures the public that while there may be occasional missed notifications or delays in processing referrals, robust systems and quality assurance procedures are in place to minimise such occurrences and ensure transparency and accountability in environmental decision-making.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to actions that may have a significant 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 environmental matters of national importance. The Act applies to both individuals and entities, covering a wide range of industries and activities, such as mining, transport, energy generation, and waste management. The Act has a national jurisdictional reach, applying across all states and territories in Australia, as well as Commonwealth waters and territories. While the Act generally applies to all actions that may significantly impact the listed matters of national environmental significance, there are some exclusions and exemptions, such as actions taken in accordance with state or territory laws that are equivalent to the EPBC Act. The Act may also extend or restrict its application through subordinate instruments, such as regulations and guidelines, which provide further detail on the implementation and enforcement of the Act. The Department of the Environment is responsible for administering the EPBC Act and ensuring compliance with its provisions.
Key Provisions
The main sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) relevant to this gazette include sections 75, 87, 133, 143, and 130(4). Section 75 outlines actions that require approval, while section 87 specifies the assessment approach. Section 133 pertains to the approval of actions, and section 143 covers variations to the conditions of approval. Lastly, section 130(4) allows for an extension of time for certain actions. The referenced sections detail the requirements for approval, assessment, and variations of projects under the EPBC Act.
The Act imposes several obligations on parties and entities. It requires those seeking to undertake actions that may impact matters of national environmental significance to obtain approval from the Minister for the Environment. This includes actions that may affect listed threatened species and communities, water resources, and other environmental factors. The Act also requires proponents to submit detailed documentation and undergo assessments to ensure the proposed actions do not cause significant harm. Additionally, entities must comply with any conditions set forth in the approval to mitigate potential environmental impacts.
Breaches of the EPBC Act can result in both civil and criminal consequences. Under the Act, civil penalties can be imposed for non-compliance, including fines of up to AUD 666,000 for individuals and AUD 3.3 million for corporations for each breach. Criminal offences carry more severe penalties, including fines of up to AUD 5.5 million and/or imprisonment for up to five years for individuals, and AUD 27.5 million and/or imprisonment for up to ten years for corporations. These penalties underscore the importance of adhering to the Act's provisions to protect Australia's environment.
In summary, the EPBC Act governs actions that may impact the environment by requiring approval, assessments, and compliance with conditions. The Act also imposes significant penalties for non-compliance, reinforcing the need for entities to follow its provisions closely. The Department of the Environment has systems in place to minimise missed notifications, although any missed notifications are still communicated to the public to maintain transparency.