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

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2017G00962 In force Gazette

Legislation content

 

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

2017/7940

Water NSW/Natural Resources Management/Approx 65 km west of Sydney CBD/New South Wales/Warragamba Dam Raising Project,

  • World Heritage (sections 12 & 15A)
  • National Heritage (sections 15B & 15C)
  • Listed threatened species and communities (sections 18 & 18A)

17/07/2017

2017/7923

The Trustee for ARD No.7 Discretionary Trust / Residential Development/Lot 11 and 74 Beenyup Road, Banjup/Western Australia/Residential developmnt, Lots 11 and 74 Beenyup Road, Banjup, WA

  • Listed threatened species and communities (sections 18 & 18A)

20/07/2017

2017/7934

MAIN ROADS/Transport - Land/Albany Highway, Kojonup, WA, 6395/Western Australia/Road Widening Kojonup South SLK 254.9 to SLK 259.8

  • Listed threatened species and communities (sections 18 & 18A)

28/07/2017

2017/7932

WATER CORPORATION/Transport - Water/see attached/Western Australia/Vasse Diversion Drain Upgrade

  • Listed threatened species and communities (sections 18 & 18A)

9/08/2017

2017/7960

SOUTH32 WORSLEY ALUMINA PTY LTD/Mining/ Boddington Bauxite Mine, Marradong, WA, 6390/Western Australia/Hotham Bauxite Mining Extension, Boddington, WA

  • Listed threatened species and communities (sections 18 & 18A)

16/08/2017

2017/7974

MOOLARBEN COAL OPERATIONS PTY LTD/Mining/4250 Ulan Road, Ulan, NSW, 2850/New South Wales / Moolarben Coal Operations Open Cut Optimisation Modification

  • 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)

24/08/2017

 

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

Reference

Title

Date

2017/7915

Pilbara Ports Authority/Transport - Water/Port Hedland/Western Australia/Port Hedland Channel Risk and Optimisation Project, WA

4/07/2017

2017/7947

RAC TOURISM ASSETS PTY LTD/Tourism and Recreation/Lot 556 on Plan 404665, Lot 555 on Plan 404665/Western Australia/Clearing of vegetation for borrow pit and infrastructure areas

12/07/2017

2017/7969

Avon Capital Estates (Australia) Ltd/Residential Development/Karalee/Queensland/Large lot residential development, Oxley Drive, Karalee, Qld

1/08/2017

2017/7954*

TASSAL OPERATIONS PTY. LTD./Aquaculture/Zone 4 (Okehampton Bay) of the Great Oyster Bay & Mercury Passage Marine Farming Development Plan/Tasmania/Tassal Finfish Aquaculture at Okehampton Bay, Tasmania

1/08/2017

2017/7962*

LUMINOUS ENERGY PTY. LTD./Energy Generation and Supply (renewable)/Lot 70 & 71 on BWR159/Queensland/Columboola Solar Farm, 9kms north-east of Miles, Queensland

4/08/2017

2017/7984

Andiworth Pty Ltd/Residential Development/Victoria Point, Qld/Queensland/Clay Gully Road residential development, Victoria Point, QLD

11/08/2017

2017/7964*

ASPHALT ROADS PTY. LTD./Commercial Development/99 Hallam South Road, Hallam, VIC, 3803/Victoria/Commercial subdivision, 99 Hallam South Road, Hallam, Victoria

18/08/2017

2017/7972

MAIN ROADS/Transport - Land/Armadale Road, Forrestdale, WA, 6112/Western Australia/Armadale Road Duplication - Tapper to Anstey Road

22/08/2017

* 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

2017/7923

The Trustee for ARD No.7 Discretionary Trust/Residential Development/Lot 11 and 74 Beenyup Road, Banjup/Western Australia/Residential developmnt, Lots 11 and 74 Beenyup Road, Banjup, WA

Preliminary Documentation

20/07/2017

2017/7960

SOUTH32 WORSLEY ALUMINA PTY LTD/Mining/Boddington Bauxite Mine, Marradong, WA, 6390/Western Australia/Hotham Bauxite Mining Extension, Boddington, WA

Accredited assessment under the Environment Protection Act 1986 (WA)

16/08/2017

 

DECISION ON APPROVAL (EPBC Act s.133)

Reference

Title

Approval Decision

Date

2015/7431

WILPINGJONG COAL PTY LTD/Mining/Hunter Region/New South Wales/Wilpinjong open cut coal mine extension project, NE Mudgee, NSW

Approved with conditions

8/08/2017

2015/7585

QRE Pty Ltd/Tourism and Recreation/Black Head, Curtis Island, Qld/Queensland/Turtle Street Beach Resort, Curtis Island, Qld

Approved with conditions

18/08/2017

2016/7703

LORD HOWE ISLAND BOARD/Natural Resources Management/Lord Howe Island, approx. 780km north-east of Sydney/New South Wales/Lord Howe Island Rodent Eradication Project, NSW

Approved with conditions

18/08/2017

2016/7706

Oresome Bauxite Pty Ltd/Mining/Appros. 3km south of Weipa, Queensland/Queensland/Urquhart Bauxite Project, North Qld

Approved with conditions

18/08/2017

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

Approved with conditions

28/08/2017

2012/6566

Queensland Coal Exploration Pty Ltd/Mining/Bowen Basin 15kms east of Glenden, Qld/Queensland/Hillalong coal mine and associated infrastructure project

Approved with conditions

30/08/2017

 

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

Reference

Title

Date

2008/4059

Santos Ltd/Energy Generation and Supply (non-renewable)/area around Emerald, Injune, Taroom and Roma townships/Queensland/Coal Seam Gas Field Development for Natural Gas Liquefaction Park, Curtis Island

26/07/2017

2000/25

Port of Brisbane Pty Ltd/Transport - Water/Moreton Bay/Queensland/Moreton Bay Port Expansion

27/07/2017

2014/7305

GULF ALUMINA PTY LTD/Mining/Skardon River, Weipa, Qld/Queensland/Skardon River Bauxite Mining Project, Weipa, QLD

28/07/2017

2011/6228

RATCH- AUSTRALIAN CORPORATION LIMITED/Energy Generation and Supply (renewable)/Herberton Range approx 50km west-south-west of Cairns/Queensland/Mt Emerald Wind Farm

31/07/2017

2009/4839

ONEWIND AUSTRALIA PTY LTD/Energy Generation and Supply (renewable)/Between Waddamana township & the eastern shore of Lake Echo/Tasmania/Cattle Hill Wind Farm

7/08/2017

2016/7640

Coal and Allied Operations Pty Ltd/Mining/Hunter Valley/New South Wales/Hunter Valley Coal Mining Operations North - State approved mining, NSW

11/08/2017

2013/6732

Gunnedah Shire Council/Water Management and Use/Gunnedah/New South Wales/Reconstruction of the Blackjack Creek Riparian Corridor/Channel

1/09/2017

 

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

Reference

Title

Extended by

Date

2011/5979

Port of Townsville Limited/Transport - Water/Cleveland Bay approx 3km east of Townsville/Queensland/Port of Townsville - Port Expansion Project

45 business days

31/07/2017

 

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 was enacted to provide for the protection of the environment, particularly matters of national environmental significance, by regulating actions that may impact these areas. The Act was introduced to address the need for a comprehensive legal framework to manage environmental impacts, particularly those that transcend state boundaries. The Commonwealth Parliament enacted this legislation to provide a unified approach to environmental conservation, aligning with international obligations and commitments. The policy objective of the Act is to protect and manage the environment through the regulation of actions that may have significant impacts on matters of national and international environmental importance. The Act is administered by the Department of the Environment and Energy, which is responsible for overseeing the implementation and enforcement of the Act. The Department manages referrals for approval, ensuring that potential impacts on listed threatened species, communities, and other environmental values are assessed and mitigated where necessary. The legislative framework includes provisions for the approval, variation, and monitoring of actions to ensure compliance with environmental standards and the preservation of biodiversity.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to various entities, industries, and actions that may impact the environment, particularly those that are of national and international significance. The Act encompasses actions that require approval, actions determined as not requiring approval, assessment approaches, and decisions on approval, including variations of conditions of approval. The geographic reach of the Act is national, as it applies across all states and territories of Australia. The Act applies to actions affecting listed threatened species and communities, World Heritage properties, National Heritage places, water resources in relation to coal seam gas development and large coal mining development, and actions that are designated as controlled actions. Exemptions and exclusions may apply, depending on the specific provisions of the Act, and certain actions may not require approval if they are undertaken in a particular manner. Subordinate instruments may extend or restrict the application of the Act.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) sets out the framework for the protection of the environment and biodiversity in Australia. Key provisions of the Act include the identification and protection of matters of national environmental significance (sections 12, 15A, 15B, 15C, 18, and 18A). These provisions require the approval of certain actions that may impact these matters, such as World Heritage properties, National Heritage places, and listed threatened species and ecological communities. The Act also provides for the assessment of proposed actions to determine whether they will have a significant impact on matters of national environmental significance (section 87). The Act imposes several obligations on parties or entities that are subject to its provisions. For example, proponents of actions that may impact matters of national environmental significance must submit a referral to the Department of the Environment and Energy for assessment (section 75). The Department is responsible for assessing the potential impact of the proposed action and determining whether it requires approval. If approval is required, the Department must consider the proposal and any relevant information before making a decision (section 133). The Act also requires proponents to provide detailed information about the proposed action, including its potential environmental impacts and any measures that will be taken to mitigate those impacts. Failure to comply with the requirements of the EPBC Act may result in civil or criminal penalties. For example, the Act provides for fines of up to $666,000 for individuals and $3.3 million for corporations for breaches of certain provisions (section 528). In addition, the Act provides for criminal penalties, including imprisonment, for certain offences, such as causing harm to a listed threatened species or community (section 529). The Act also provides for the imposition of conditions on approvals to ensure that the environmental impacts of the approved action are minimised. Failure to comply with these conditions may result in the approval being revoked or varied (section 143). In summary, the EPBC Act provides a framework for the protection of the environment and biodiversity in Australia. It requires the approval of certain actions that may impact matters of national environmental significance and imposes obligations on proponents to provide detailed information about the proposed action and its potential environmental impacts. Failure to comply with the requirements of the Act may result in civil or criminal penalties, including fines and imprisonment. The Act also provides for the imposition of conditions on approvals to ensure that the environmental impacts of the approved action are minimised.

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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.