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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, Notice of Extension of Time

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

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2016G01029 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://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
2016/7701	Bowen Basin Coal Pty Ltd/Mining/Golden Mile Road, Dysart/Queensland/Lake Vermont open cut coal northern extension project, central Qld	A water resource, in relation to coal seam gas development and large coal mining development (sections 24D & 24E)	30/06/2016
2016/7707	Marine and Safety Tasmania/Transport - Water/Orford, 70km NE of Hobart/Tasmania/Prosser River stabilisation, Orford, Tasmania	Listed threatened species and communities (sections 18 & 18A)	8/07/2016
2016/7718	WESTERN REGION WATER CORPORATION/Waste Management (sewerage)/Southern Road Reserve of Greigs Rd West and the Western Road Reserve of Mt Cottrell Rd. Rockbank/Victoria/Rockbank Sewer Rising Main - Greigs Road West Vegetation Removal, Rockbank Vic	Listed threatened species and communities (sections 18 & 18A)	8/07/2016
2016/7695	Western Australian Land Authority (LandCorp)/Commercial Development/Approx. 26km south of Perth CBD and 5km east of City of Kwinana town centre/Western Australia/Latitude 32-industrial development of various lots, Ashley and Sayer Roads, Hope Valley, WA	Listed threatened species and communities (sections 18 & 18A)	12/07/2016
2015/7590	Greater Bendigo City Council T/A City of Greater Bendigo/Commercial Development/1km northwest of Marong/Victoria/Marong Business Park, Vic	Listed threatened species and communities (sections 18 & 18A)	13/07/2016
2016/7724	Celestino Pty Limited/Residential Development/40kms SW Brisbane and 17kms Nthe of Beaudesert/Queensland/Residential development, Teviot Road, north Beaudesert, Qld	Listed threatened species and communities (sections 18 & 18A)	13/07/2016
2016/7719	Leda Bankstown Pty Limited/Transport - Land/Henry Lawson Drive, Tower Road and Milperra Road/New South Wales/Widening three roads and construction of an access road to Bankstown Business Estate development	Listed threatened species and communities (sections 18 & 18A)	15/07/2016

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

Reference	Title	Date
2016/7708	Stockland WA Development Pty Ltd/Commonwealth Development/Armadale Road, Jandakot Road and Fraser Road, Banjup/Western Australia/Calleya Residential Development, Banjup, WA	8/07/2016
2016/7712	Paris Road Australind CT Pty Ltd/Commercial Development/Approx. 2.5km east of Australind, WA/Western Australia/Industrial development, Lot 561 Paris Road, Australind, WA	12/07/2016
2016/7720	AUSTRALIA PACIFIC LNG PTY LIMITED/Energy Generation and Supply (non-renewable)/Approximately 65km north-east of Roma, southern Queensland/Queensland/Spring Gully CSG field extension, southern Queensland	12/07/2016
2016/7721	RES Australia Pty Ltd/Energy Generation and Supply (renewable)/Approx. 25km north of the town of Horsham, Vic/Victoria/Murra Warra Wind Farm Project, Vic	12/07/2016

Assessment Approach (EPBC Act s.87)

Reference	Title	Assessment Approach	Date
2016/7674	Level Crossing Removal Authority/Transport - Land/South Morang Station to Mernda/Victoria/Mernda Rail Extension Project, Vic	Preliminary Documentation	21/06/2016
2016/7701	Bowen Basin Coal Pty Ltd/Mining/Golden Mile Road, Dysart/Queensland/Lake Vermont open cut coal northern extension project, central Qld	Preliminary Documentation	30/06/2016
2016/7707	Marine and Safety Tasmania/Transport - Water/Orford, 70km NE of Hobart/Tasmania/Prosser River stabilisation, Orford, Tasmania	Preliminary Documentation	8/07/2016
2016/7695	Western Australian Land Authority (LandCorp)/Commercial Development/Approx. 26km south of Perth CBD and 5km east of City of Kwinana town centre/Western Australia/Latitude 32-industrial development of various lots, Ashley and Sayer Roads, Hope Valley, WA	Preliminary Documentation	12/07/2016
2015/7590	Greater Bendigo City Council T/A City of Greater Bendigo/Commercial Development/1km northwest of Marong/Victoria/Marong Business Park, Vic	Preliminary Documentation	13/07/2016
2016/7724	Celestino Pty Limited/Residential Development/40kms SW Brisbane and 17kms Nthe of Beaudesert/Queensland/Residential development, Teviot Road, north Beaudesert, Qld	Preliminary Documentation	13/07/2016
2016/7719	Leda Bankstown Pty Limited/Transport - Land/Henry Lawson Drive, Tower Road and Milperra Road/New South Wales/Widening three roads and construction of an access road to Bankstown Business Estate development	Preliminary Documentation	15/07/2016

DECISION ON APPROVAL (EPBC Act s.133)

Reference	Title	Approval Decision	Date
2015/7421	The Water Corporation/Water Management and Use/Ellenbrook approx 20kms NE of Perth/Western Australia/Ellenbrook Reliable Water Storage Project, WA	Approved with conditions	5/07/2016
2015/7520	ROADS AND MARITIME SERVICES/Transport - Land/east of King Georges Road and St Peters/New South Wales/Construction and operation of the Westconnex New M5, Sydney, NSW	Approved with conditions	11/07/2016
2013/6979	SH Camden Lakeside P/L/Residential development/Cnr Raby Rd and Camden Valley Way, Gledswood Hills/NSW/Urban & recreational Development (El Caballo Blanco, Gledswood & Lakeside), Gledswood, NSW	Approved with conditions	13/07/2016
2011/5823	Sunshine Coast Regional Council/Transport - Air and Space/David Low Way, Marcoola/Queensland/Sunshine Coast Airport Master Plan Implementation Project	Approved with conditions	18/07/2016

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

Reference	Title	Date
2011/5795	Coal and Allied Operations Pty Ltd/Mining/Upper Hunter Valley, 4km northwest of Muswellbrook/New South Wales/Mount Pleasant Project	12/05/2016
2011/5854	SWF1 OPERATIONS PTY LTD/Energy Generation and Supply (renewable)/18 km W of Glen Innes, and 28km E of Inverell/New South Wales/Sapphire Wind Farm, NSW	21/06/2016
2013/6881	SPRINGVALE COAL PTY LTD/Mining/Newnes State Forest approx 8kms NNE of Lithgow/New South Wales/Springvale Longwall Mine Extension Project, NSW	30/06/2016
2014/7146	Peet Funds Management Limited/Residential Development/Lot 609, Yanchep Beach Road, Yanchep/Western Australia/Residential development,Lot 609, Yanchep Beach Road, Yanchep, WA	8/07/2016
2007/3441	Iluka Resources Limited/Mining/Busselton/Western Australia/Tutunup South Mineral Sands Project	15/07/2016

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

Reference	Title	Extended by (Days)	Date
2007/3423	New Acland Coal Pty Ltd/Mining/Darling Downs/QLD/Stage 3 expansion of New Acland Coal Mine	25 business days	22/07/2016

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, and to establish a framework for the assessment and approval of certain actions that may impact on the environment. This Act addresses the gap in environmental protection by offering a comprehensive legislative framework that ensures the consideration of environmental impacts associated with proposed developments and actions. Enacted by the Commonwealth Parliament, the policy objective of the EPBC Act is to safeguard Australia's environmental assets by regulating activities that could potentially harm the environment, including those that affect listed threatened species, ecological communities, and other significant environmental values. The Act plays a crucial role in facilitating informed decision-making processes regarding projects that require federal approval, ensuring that their environmental impacts are assessed and managed effectively.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of activities and entities, including individuals, companies, and government bodies, that may impact matters of national environmental significance, such as listed threatened species and ecological communities, water resources, and World Heritage properties. The Act operates at the Commonwealth level, providing a national framework for environmental protection and biodiversity conservation, and it extends to territories and waters within Australia’s jurisdiction. The Act's scope includes actions that require approval, assessment, or are exempt, with certain activities such as water resource management related to coal seam gas development and large coal mining developments needing specific approval. There are also exclusions and thresholds, such as minor activities that do not significantly impact listed matters of national environmental significance. The Act’s application can be extended or restricted through subordinate instruments, which may include regulations and guidelines, providing further detail on specific actions and requirements under the Act.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) encompasses various provisions governing the approval of specific actions, primarily focusing on their potential impacts on matters of national environmental significance (sections 75 and 133). For example, actions such as the Lake Vermont open cut coal northern extension project by Bowen Basin Coal Pty Ltd (2016/7701) and the Prosser River stabilisation by Marine and Safety Tasmania (2016/7707) require approval if they are likely to significantly affect a water resource in relation to coal seam gas development and large coal mining development (sections 24D and 24E). Other actions, like the Calleya Residential Development by Stockland WA Development Pty Ltd (2016/7708) and the Murra Warra Wind Farm Project by RES Australia Pty Ltd (2016/7721), have been determined not to require approval as they do not significantly affect matters of national environmental significance. The Act imposes several obligations on the entities involved in projects that require approval. These entities must submit detailed documentation and undergo thorough assessments to ensure the proposed action does not harm protected species, ecosystems, or other environmental aspects. For instance, projects such as the residential development by Celestino Pty Limited (2016/7724) and the widening of roads by Leda Bankstown Pty Limited (2016/7719) must include comprehensive assessments of their potential impacts on listed threatened species and communities (sections 18 and 18A). Additionally, approved projects must adhere to specific conditions set forth by the Minister to mitigate any adverse environmental effects. Failure to comply with the requirements and conditions set by the EPBC Act can lead to various penalties and consequences. For instance, if an entity breaches the conditions of their approval, they may face enforcement actions, including fines and legal proceedings. The penalties can be severe, with maximum fines reaching up to AUD 666,000 for corporations and AUD 133,200 for individuals, depending on the nature and severity of the breach. Furthermore, ongoing non-compliance can result in the revocation of approval or even criminal charges, depending on the circumstances and the extent of environmental harm caused. In summary, the EPBC Act mandates rigorous scrutiny and compliance for actions impacting national environmental significance. Approved projects must adhere strictly to set conditions, and any non-compliance can result in substantial penalties, underscoring the importance of environmental protection and sustainable development practices.

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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