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 and Lapsed Proposals

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2016G01394 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

2016/7755

Bridley Epping Pty Ltd & Caruso Epping Unit Trust & Sterling Epping Pty Ltd / Commercial Development / Cooper Street Epping, approx. 19km from Melbourne CBD / Victoria / Staged redevelopment of 215 and 325C Cooper Street, Epping, Victoria

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

14/09/2016

2016/7729

Australian Rail Track Corporation Ltd / Transport – Land / Narribri to North Star / New South Wales / Narribri to North Star Section of Inland Rail, NSW

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

26/09/2016

2016/7741

DEPARTMENT OF EDUCATION / Commercial Development / Hammond Park, approx. 24km south of Perth CBD / Western Australia / Hammond Park Secondary School development, WA

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

30/09/2016

2016/7744

CSR Building Products Limited / Commercial Development / Approx. 2.3km from Horsley Park and 37.7km west of Sydney CBD / New South Wales / Subdivision of Lot 1 DP106143, 327-335 Burley Road, Horsley Park, NSW

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

30/09/2016

2016/7757

Main Roads / Transport – Land / Collie Lake King Road, Gowelling / Western Australia / Bowelling curves realignment - Collie Lake King Road 64.76 - 69.84 SLK, WA

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

30/09/2016

2016/7772

PACIFIC INTERNATIONAL DEVELOPMENT CORPORATION PTY LTD / Residential Development / Lot 3 (S311896) Lot 200 (SP133189) Lot 1 (RP97710) Greater Flagstone Priority Development Area / Queensland / Residential development, Lots 3, 200 and 1, approx 6.5km SW Undullah, Qld

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

 

5/10/2016

2016/7731

Australian Rail Track Corporation Ltd / Transport – Land / Parkes to Narromine / New South Wales / Parkes to Narromine Section Inland Rail, NSW

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

 

11/10/2016

 

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

Reference

Title

Date

2016/7709*

Department of Primary Industries and Huon Aquaculture Company Pty Ltd/Aquaculture/Providence Bay, Port Stephens / New South Wales / Modification of Marine Aquaculture Research Lease and Huon Lease, Port Stephens

12/09/2016

2016/7769

Port Arthur Historic Site Management Authority / Tourism and Recreation / Port Arthur / Tasmania / Port Arthur Historic site redevelopment of visitor centre, Tas

9/10/2016

2016/7774

Department of Transport and Main Roads / Transport – Land / 10.2km south of Ingham and 100 km north of Townsville / Queensland / Dual bridge replacement crossing, Cattle & Frances Creek, sth of Ingham, Qld

10/10/2016

2016/7778

TASMANIAN IRRIGATION PTY LTD / Water Management and Use / irrigation district covers Smithton, Montagu, Edith Creek, Irishtown and Forest / Tasmania / Duck Irrigation System, north-west coast Tasmania

18/10/2016

2016/7697

City & Central Consulting Pty Ltd / Commercial Development / Kangaroo Island / South Australia / American River Hotel and Harbour development, Kangaroo Island, SA

19/10/2016

2016/7750

CITY OF MITCHAM / Tourism and Recreation / Randell Park Reserve, 9km south east of Adelaide CBD / South Australia / Construction of recreational trail, Randell Park, City of Mitcham SA

19/10/2016

2016/7775

Sunzone Pty Ltd / Residential Development / Muzzlewood St (prevously Part Lot 578 No. 1503 Mandurah Rd), Baldivis, WA / Western Australia / Residential development of Lot 9501 Muzzlewood Street, Baldivis, WA

19/10/2016

* 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

2016/7755

Bridley Epping Pty Ltd & Caruso Epping Unit Trust & Sterling Epping Pty Ltd / Commercial Development/Cooper Street Epping, approx. 19km from Melbourne CBD/Victoria/Staged redevelopment of 215 and 325C Cooper Street, Epping, Victoria

Preliminary Documentation

14/09/2016

2016/7744

CSR Building Products Limited/Commercial Development/Approx. 2.3km from Horsley Park and 37.7km west of Sydney CBD/New South Wales/Subdivision of Lot 1 DP106143, 327-335 Burley Road, Horsley Park, NSW

Preliminary Documentation

30/09/2016

2016/7772

PACIFIC INTERNATIONAL DEVELOPMENT CORPORATION PTY LTD/Residential Development/Lot 3 (S311896) Lot 200 (SP133189) Lot 1 (RP97710) Greater Flagstone Priority Development Area/Queensland/Residential development, Lots 3, 200 and 1, approx 6.5km SW Undullah, Qld

Preliminary Documentation

5/10/2016

 

DECISION ON APPROVAL (EPBC Act s.133)

Reference

Title

Approval Decision

Date

2011/6086

Department of Finance and Deregulation/Commonwealth/Moorebank /NSW/Moorebank Intermodal Terminal Project

Approved with conditions

27/09/2016

2013/7028

HY-TEC INDUSTRIES PTY LIMITED/Mining/Putty Road, north of Windsor/New South Wales/Expansion of existing sand quarry operation, north of Windsor, NSW

Approved with conditions

4/10/2016

2016/7640

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

 

Approved with conditions

10/10/2016

 

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

Reference

Title

Date

2011/5923

TARRAWONGA COAL PTY LTD/Mining/15km NE of Boggabri & 42km NNW of Gunnedah/New South Wales/Tarrawonga Coal Project

20/04/2016

2008/4449

PORTMAN IRON ORE LIMITED/Mining/Mt Jackson range, 100km NNE of Southern Cross/Western Australia/Extend Koolyanobbing Iron Ore Project, including construction of new iron ore m

19/09/2016

2013/6799

U D MINING INDUSTRY AUSTRALIA PTY LTD/Mining/Bowen Basin, 25 kms west of Rolleston, central Qld/Queensland/Meteor Downs South Coal Project, central Qld

23/09/2016

2011/6005

Mackay Regional Council/Water Management and Use/Lot 5, Smyths Road, Armstrong Beach /Queensland/Sarina Water Recycling Facility

27/09/2016

2001/174

PORTMAN IRON ORE LIMITED/Mining/Koolyanobbing/Western Australia/Mt Jackson, Windarling & Bungalbin deposits

3/10/2016

2013/7101

NSW ROADS MARITIME SERVICES/Transport - Land/Warrel Creek to Nambucca Heads/New South Wales/Pacific Highway Upgrade, Warrel Creek to Nambucca Heads, NSW

3/10/2016

2015/7552

DEPARTMENT OF TRANSPORT AND MAIN ROADS/Transport - Land/Mackay Regional Area/Queensland/Eton Range Realignment, Peak Downs Hwy, QLD

7/10/2016

 

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

Reference

Title

Extended by (Days)

Date

2015/7588

Guanaba Experience Pty Ltd/Tourism and Recreation/Mt Tambourine/Queensland/Guanaba Experience ecotourism development, Qld

15 business days

4/10/2016

2014/7138

Toro Energy Limited/Mining/Millipede & Lake Maitland, South of Wiluna, WA/WA/Extension to Wiluna Uranium Mine (Millipede & Lake Maitland), Wiluna, WA

40 business days

12/10/2016

2007/3423

New Acland Coal Pty Ltd/Mining/Darling Downs/QLD/Stage 3 expansion of New Acland Coal Mine

67 business days

14/10/2016

 

lapsed proposals (EPBC Act s.155)

Reference

Title

Date

2012/6469

Royalla PV Pty Ltd/Energy generation and supply (renewable)/Belconnen/ACT/Abengoa Solar Project

11/10/2016

 

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 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 address the need for a comprehensive framework to protect and manage Australia's environment, particularly focusing on biodiversity conservation and the impacts of activities on the environment. The Act was introduced by the Parliament of Australia to provide a unified approach to environmental protection, filling gaps in previous environmental laws by establishing a national system for the protection of the environment, particularly endangered species and ecological communities. The policy objective of the Act is to ensure that proposed actions which may have a significant impact on the environment are assessed and managed appropriately. The Department of the Environment and Energy is responsible for administering the Act, ensuring that actions identified as requiring approval are thoroughly assessed for their potential environmental impacts, particularly on listed threatened species and communities. The Act outlines a process for referral, assessment, and decision-making concerning these actions, including provisions for public notification and consultation. The Department has implemented systems and quality assurance procedures to manage and mitigate the risk of missed or delayed notifications, ensuring transparency and public access to information on environmental assessments and decisions.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to a wide range of persons and entities across various industries, including commercial development, mining, and transport, as well as to specific conduct and transactions that may impact listed threatened species and ecological communities. The Act operates at the national level, providing a framework for the protection of the environment, particularly focusing on actions that could lead to the extinction of species or significant damage to the environment. The Act extends its jurisdiction to cover both Commonwealth and state lands, and it can apply extraterritorially to actions outside Australia if they are likely to significantly affect a matter of national environmental significance. Certain actions are exempt from the Act’s requirements if they are undertaken in a specific manner as outlined in the Act or through subordinate instruments. The Act also provides for the approval of actions that may impact the environment, with decisions often subject to conditions aimed at mitigating environmental harm. Furthermore, the Act includes mechanisms for the variation of conditions of approval and the extension of time for decision-making processes, ensuring that the regulatory framework remains flexible and responsive to changing circumstances.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the "Act") includes several key provisions that are relevant to the management of environmental impacts associated with various activities. Sections 75 and 133 of the Act pertain to the approval process for actions that may impact on matters of national environmental significance, including listed threatened species and communities. Section 75 specifies that certain actions require approval, while Section 133 outlines the decision-making process for granting approval, which may include conditions to mitigate adverse environmental effects. Furthermore, Section 143 allows for the variation of conditions of approval, enabling adjustments to be made to the original terms under which an action was approved. Under the Act, proponents of actions that require approval must conduct thorough assessments and submit detailed documentation to the Department of the Environment and Energy. This includes providing information on potential impacts on listed threatened species and communities, as well as proposing measures to mitigate any adverse effects. The Department, in turn, has an obligation to review the documentation, assess the potential environmental impacts, and make decisions on whether to approve the action, including any conditions to be imposed. The Act also mandates that public notifications be made for certain actions, with the Department committed to minimising any risk of missed notifications and ensuring that the public is kept informed about the processing of referrals and assessments. Failure to comply with the requirements of the Act, including the submission of necessary documentation, can result in significant consequences for proponents. Under Section 18 and Section 18A, actions that may impact listed threatened species and communities without the requisite approval can result in both civil and criminal penalties. The maximum penalties for contravening the Act include substantial fines for individuals and corporations, as well as potential imprisonment for responsible officers. Additionally, unauthorised actions that cause harm to listed threatened species or communities can lead to further enforcement actions, including the requirement to undertake remediation measures and pay compensation for environmental damage.

Legal classification tags

Area of Law
Environmental Law
Instrument
Gazette Notice
Concepts
Definitions & Interpretation
Listed threatened species and communities (sections 18 & 18A)
Reporting & Disclosure Obligations
Enforcement Powers

Interactions

Authorises

All Versions

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.