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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 the Environment and Energy

Legislation au C2013G00219 In force Gazette

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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
2012/6611	Atlas Iron Limited/Mining/Pilbara region north-west of Western Australia/WA/Mt Webber Direct Shipping Ore Project	Listed threatened species and communities (sections 18 & 18A)	03/12/2012
2012/6653	Phosphate Resources Limited/Mining/South Point Region of Christmas Island/Christmas Island/Phosphate Mining in South Point Christmas Island	Listed threatened species and communities (sections 18 & 18A) Commonwealth land (sections 26 & 27A)	17/01/2013
2012/6691	Koppers Wood Products P/L/Commercial development/Approx 5km east of Bunbury/WA/Koppers Wood Products Wood Processing Facility	Listed threatened species and communities (sections 18 & 18A)	23/01/2013

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

Reference	Title	Date
2011/6193	Raddas Property Pty Ltd/Residential development/Sorell/TAS/50 Lot Subdivision Forcett Street	16/12/2011
2011/6230*	Sorby Management Pty Ltd/Mining/Approx 50km north-east of Kununurra /WA/Sorby Hills Silver Lead Zinc Project	10/01/2013
2012/6654*	Apache Energy Ltd/Exploration (mineral, oil and gas - marine)/Carnarvon Basin offshore northwest of WA/Commonwealth Marine/CVG 3D Marine Seismic Survey	18/01/2013
2012/6695	Burswood Nominees Limited as Trustee for the Burswood Property Trust/Commercial development/Burswood Peninsula, Perth/WA/Development of Crown Towers Five Star Quality Hotel	18/01/2013
2012/6610*	Gold Coast Ocean Terminal Pty Ltd/Tourism and recreation/Pacific Parade and Musgrave Street, Bilinga/QLD/Gold Coast Ocean Terminal, Bilinga, Qld	21/01/2013
2012/6640	VicRoads, Western Region/Transport - land/Between Nurcoung and Minimay in West Wimmera Shire/VIC/Road Safety Improvement Works - Natimuk Frances Road	21/01/2013
2012/6690	L.D Harris and P.J Harris/Residential development/Approximately 13 km south west of Bunbury/WA/Residential Subdivision on Lot 5 Garvey Road, Crooked Brook	21/01/2013
2012/6692	Port of Brisbane Pty Ltd/Transport - water/North West Channel in Moreton Bay/QLD/North West Channel Trial Dredging Project, Qld	23/01/2013
2012/6700	Main Roads Western Australia/Transport - land/Approximately 35km east of Moora/WA/Great Northern Highway Upgrade - Bindi Bindi to Lyons Road East	23/01/2013
2012/6635*	Port of Melbourne Corporation/Transport - water/Port of Melbourne, Port Melbourne, Victoria/VIC/Port Capacity Project - Webb Dock Development VIC	24/01/2013
2012/6554	Lyons Tannum Waters Development Pty Ltd/Residential development/Tannum Sands/QLD/'The Sands' Development, Tannum Sands	29/01/2013
2012/6676	Corangamite Shire Council/Tourism and recreation/Lord Street, Port Campbell/VIC/Port Campbell Headland Walking Trail Realignment	29/01/2013
2012/6687*	The Far End Family Trust t/a Planning Engineering & Management Solutions Pty Ltd/Residential development/Port Fairy Township/VIC/Residential Development and Associated Infrastructure at Port Fairy	29/01/2013
2012/6693	Brazil Enterprises Pty Ltd/Commercial development/Heathwood/QLD/Industrial Development at 408 Stapylton Road	29/01/2013
2013/6711	SA Department of Environment and Natural Resources/Natural resources management/30 kms southeast of Mt Gambier/SA/Piccaninnie Ponds flow path restoration project, SA	29/01/2013
2012/6468*	Carbone Bros Pty Ltd/Mining/Myalup/WA/Limestone Extraction on Lot 5 Old Coast Road, Myalup, WA	30/01/2013
2012/6586*	Department of Finance and Administration/Science and research/Donnybrook Road, Mickleham, approx 31km north of Melbourne/VIC/Post-Entry Quarantine Facilities Project	31/01/2013

* 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
2012/6611	Atlas Iron Limited/Mining/Pilbara region north-west of Western Australia/WA/Mt Webber Direct Shipping Ore Project	Preliminary Documentation	03/12/2012
2012/6653	Phosphate Resources Limited/Mining/South Point Region of Christmas Island/Christmas Island/Phosphate Mining in South Point Christmas Island	Preliminary Documentation	17/01/2013
2012/6691	Koppers Wood Products P/L/Commercial development/Approx 5km east of Bunbury/WA/Koppers Wood Products Wood Processing Facility	Preliminary Documentation	23/01/2013

DECISION ON APPROVAL (EPBC Act s.133)

Reference	Title	Approval Decision	Date
2008/4338	Cairns Natural Spring Water/Commercial development/Maconachie St, East Woree, Cairns/QLD/Subdivision at East Woree Industrial Area	Approved with conditions	06/12/2012
2010/5640	VicRoads/Transport - land/Stammers Road, Traralgon East to Templetons Road, Fulham /VIC/Princes Highway Duplication - Traralgon East to Fulham	Approved with conditions	23/01/2013

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/QLD/Coal Seam Gas Field Development for Natural Gas Liquefaction Park, Curtis Island	18/01/2013
2008/4469	Chevron Australia Pty Ltd/Energy generation and supply (non-renewable)/Pilbara coast/WA/Construct & operate LNG & domestic gas plant including onshore & offshore facilities - Wheatstone	22/01/2013

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

Reference	Title	Extended to	Date
2010/5566	Aston Coal 2 Pty Ltd/Mining/Leard Forest Road, 18km NE of Boggabri, Gunnedah Coal Basin/NSW/Maules Creek Coal Project	31/01/2013	21/12/2012
2008/4432	AGL Gloucester LE Pty Ltd/Mining/Stratford to Hexham/NSW/Gloucester Coal Seam Methane Gas Project	07/02/2013	18/01/2013
2009/5256	Boggabri Coal Pty Limited/Mining/15 km north-east of Boggabri/NSW/Extension to Existing Operations at Boggabri Coal Mine	07/02/2013	18/01/2013
2010/5566	Aston Coal 2 Pty Ltd/Mining/Leard Forest Road, 18km NE of Boggabri, Gunnedah Coal Basin/NSW/Maules Creek Coal Project	07/02/2013	18/01/2013
2006/2834	Capecare/Urban and commercial new development/Dunsborough/WA/Aged Care Village - Naturaliste Terrace	22/02/2013	24/01/2013

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 to provide for the protection of the environment, particularly matters of national environmental significance, under a cooperative, shared and integrated approach to environmental protection. The Act was introduced to address the need for a comprehensive national framework for the protection and management of the environment, including the management of environmental impacts of activities proposed to be undertaken by the Commonwealth and its agencies. The EPBC Act is administered by the Department of Sustainability, Environment, Water, Population and Communities and the policy objective of the Act is to provide for a nationally consistent approach to the protection and management of the environment, particularly matters of national environmental significance, and to facilitate ecologically sustainable development through the integration of environmental considerations into decision-making processes. The Act provides for the regulation of activities that have, or are likely to have, a significant impact on the environment, including matters of national environmental significance such as World Heritage properties, listed threatened species and ecological communities, and Ramsar-listed wetlands. The Act also provides for the assessment and approval of activities that may have a significant impact on the environment, and for the imposition of conditions on approved activities to mitigate any adverse environmental impacts.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various entities and their proposed actions that may impact matters of national environmental significance, including listed threatened species and communities, Commonwealth land, and other environmental aspects. The Act's jurisdiction extends across Australia, affecting both private and public entities undertaking activities such as mining, commercial and residential developments, transport infrastructure, and other developments that may require Commonwealth approval. Certain actions are specifically identified as requiring approval under the Act, while others are deemed not to require approval if conducted in a particular manner, as specified by the Act. The Department of Sustainability, Environment, Water, Population and Communities is responsible for overseeing the referral, assessment, and approval process, which includes extending timelines for assessment where necessary. While the department has implemented quality assurance procedures to minimise missed notifications, any such missed notifications are rectified by providing late notifications to ensure transparency and public access to information. These notifications, however, do not affect the assessment and decision-making process for the referred actions.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (s.75) outlines the main operative sections concerning the approval or non-approval of actions that impact matters of national environmental significance. For instance, section 75(1) requires that certain actions, such as mining or significant infrastructure developments, obtain approval before proceeding. Conversely, section 75(2) specifies that other actions, such as certain residential developments or minor infrastructure projects, do not require approval if they comply with specified conditions (e.g., s.75(3)). The Act imposes obligations on entities to provide necessary documentation and assessments for actions that require approval, including preliminary documentation and detailed impact assessments, as per section 87 of the EPBC Act. These assessments must include thorough evaluations of potential environmental impacts on listed threatened species and communities (s.18 & 18A) and the use of Commonwealth land (s.26 & 27A). Entities are also required to adhere to any conditions set forth by the Minister upon approval of an action, as per section 133 of the EPBC Act. These conditions may include specific environmental management practices, monitoring requirements, and reporting obligations. Additionally, section 143 allows for the variation of conditions of approval, enabling the Minister to adjust conditions based on new information or changed circumstances. For instance, Santos Ltd and Chevron Australia Pty Ltd had their conditions varied for their respective coal seam gas projects in Queensland. The EPBC Act imposes penalties and consequences for non-compliance with its provisions. For example, section 528 imposes criminal penalties, including fines of up to $66,600 for individuals and $333,000 for corporations, for breaches of approval conditions. Section 529A outlines civil penalty provisions, where the maximum penalty for contravening the Act can be $1.1 million for individuals and $5.5 million for corporations. These stringent measures ensure compliance with environmental protection and biodiversity conservation standards.

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

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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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