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 |
2017/7982 | BOMBORA NATURAL ENERGY PTY LTD/Exploration (mineral, oil and gas - non-marine)/Exploration permit (447 R1)/Western Australia/Walyering 3D Seismic Survey, Cataby, WA | - Listed threatened species and communities (sections 18 & 18A)
| 26/09/2017 |
2017/8003 | STEVENS HOLDINGS PTY LIMITED/Residential Development/Lot 99 DP 823635, Hickey Street, Iluka NSW 2466 Australia/New South Wales/Iluka residential subdivision, Hickey Street, Iluka, NSW | - World Heritage (sections 12 & 15A)
- National Heritage (sections 15B & 15C)
- Listed threatened species and communities (sections 18 & 18A)
| 6/10/2017 |
actions determined as NOT requiring approval (EPBC Act s.75)
Reference | Title | Date |
2017/7999 | WEST GIPPSLAND CATCHMENT MANAGEMENT AUTHORITY/Natural Resources Management/Public Land/Victoria/Lower Latrobe River Wetlands: Water Regulation Infrastructure Project, Victoria | 29/09/2017 |
2017/7995 | EDITH COWAN UNIVERSITY/Private/270 Joondalup Drive, Joondalup, WA, 6027/Western Australia/Development of ECU Engineering Annex, Joondalup Campus, WA | 3/10/2017 |
2017/7981* | TASMANIAN IRRIGATION PTY LTD/Water Management and Use/Spans various lots as indicated by GIS files and maps attached/Tasmania/Scottsdale Irrigation Scheme (SIS) - Tasmania | 30/08/2017 |
* 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 |
2017/8003 | STEVENS HOLDINGS PTY LIMITED/Residential Development/Lot 99 DP 823635, Hickey Street, Iluka NSW 2466 Australia/New South Wales/Iluka residential subdivision, Hickey Street, Iluka, NSW | Preliminary Documentation | 6/10/2017 |
variation of conditions of approval (EPBC Act s.143)
Reference | Title | Date |
2012/6615 | Santos Limited/Energy Generation and Supply (non-renewable)/Central Southern Queensland/Queensland/Santos GLNG Gas Field Development Project, QLD | 29/09/2017 |
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 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance, as defined by the Act. This legislation addresses gaps in environmental protection by establishing a framework for the assessment and approval of actions that may have significant impacts on the environment, including actions that affect listed threatened species and communities, World Heritage properties, and other matters of national environmental significance. The EPBC Act is administered by the Australian Government's Department of the Environment and Energy, with the overarching policy objective of ensuring that the protection of the environment is integrated into decision-making processes at both federal and state levels. The Act aims to achieve sustainable development by balancing environmental protection with economic and social considerations, thus fostering a collaborative approach to managing the nation's natural resources.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of actions, entities, and industries within Australia, focusing on the protection and conservation of the nation's biodiversity and environment. This Act mandates that certain actions, which are deemed to have a significant impact on matters of national environmental significance, require approval from the Minister for the Environment. These actions include those related to listed threatened species and communities, World Heritage properties, and other national and state heritage sites. The EPBC Act applies to individuals, corporations, and other entities undertaking activities that could potentially impact protected environmental assets. The Act's jurisdictional reach is national, covering all states, territories, and Commonwealth areas in Australia. Notably, the Act does not apply to actions already regulated under other specific legislation, such as state-based environmental protection laws. Subordinate instruments and regulations may further define the scope and application of the Act, extending or restricting its application to specific circumstances or activities.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs various actions and developments in Australia, particularly those that may impact the environment, including World Heritage, National Heritage, and threatened species and communities. Key sections such as 75, 87, and 143 outline the requirements for approval, assessment approaches, and variation of conditions, respectively. For instance, Section 75 details actions that require approval, such as exploration for minerals, oil, and gas, or residential developments that may affect listed threatened species and communities (s.18 & 18A), and World Heritage or National Heritage places (s.12, 15A, 15B & 15C). Conversely, Section 75 also identifies actions not requiring approval, provided they are undertaken in a specified manner, such as natural resources management or certain private developments (s.75). Section 87 provides an assessment approach for actions that require approval, ensuring a thorough evaluation of potential environmental impacts. Section 143 allows for the variation of conditions of approval, enabling adjustments to existing approvals to better manage environmental impacts.
The EPBC Act imposes specific obligations and requirements on parties or entities it governs. For example, entities must submit detailed documentation and assessments to demonstrate compliance with the Act's provisions. This includes providing preliminary documentation for residential developments, as seen in the case of Stevens Holdings Pty Limited in Iluka, NSW (s.87). Additionally, entities must ensure that their actions do not adversely affect listed threatened species and communities or World and National Heritage places. They must also adhere to any conditions set forth in their approval, which may include measures to mitigate environmental impacts or monitor biodiversity.
Breach of the EPBC Act can result in various offences, penalties, or consequences. The Act includes provisions for both civil and criminal penalties. For instance, unauthorised actions that may harm the environment can lead to criminal charges, with potential penalties including fines and imprisonment. Civil penalties may also apply for non-compliance, with fines that can vary depending on the severity and nature of the breach. For example, a failure to notify the public of an action requiring approval, as mentioned in the Act, may result in a fine, despite the delay in notification. The Act aims to enforce compliance through these measures, ensuring that entities take their environmental responsibilities seriously.