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 |
2019/8510 | NEOEN AUSTRALIA PTY. LTD. / Energy Generation and Supply (renewable) / Between Portland and Nelson, Vic / Victoria / Kentbruck Green Power Hub, Vic | - Wetlands of international importance (sections 16 & 17B)
- Listed threatened species and communities (sections 18 & 18A)
- Listed migratory species (sections 20 & 20A)
| 7/11/2019 |
actions determined as NOT requiring approval (EPBC Act s.75)
Reference | Title | Date |
2019/8475 | BROWN HILL AND KESWICK CREEKS STORMWATER BOARD / Water Management and Use / Victoria Park, Adelaide CBD / South Australia / South Parklands Stormwater Project | 5/11/2019 |
2019/8512 | EVOLUTION MINING (COWAL) PTY LIMITED / Mining / Lake Cowal / New South Wales / Cowal Gold Operations Underground Development | 5/11/2019 |
2019/8386 | PACIFIC HYDRO AUSTRALIA DEVELOPMENTS PTY LTD / Energy Generation and Supply (renewable) / Lot 7 RP860071, Lot 17 RP 848822 and transmission line in road reserve / Queensland / Clarke Creek Solar Farm, 17 km south of Clarke Creek, Qld | 7/11/2019 |
2019/8456 | ENGIE RENEWABLES AUSTRALIA PTY LTD / Energy Generation and Supply (renewable) / 509 Gearys Road, Hookswood, QLD, 4415 / Queensland / Warhook Solar Farm, near Miles, Qld | 7/11/2019 |
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2017/8078 | Queensland Bulk Water Supply authority / Water Management and Use / Lot 118 MCH814 and Lot 1 RP800331 / Queensland / Six Mile Creek Dam Safety Upgrade Project, Qld | Approved with conditions | 7/11/2019 |
OUTCOME OF REQUEST FOR RECONSIDERATION OF S75(1) DECISION (EPBC Act s.78C)
Reference | Title | Reconsideration Decision | Date |
2018/8345 | SOWSEE PTY LTD / Residential Development / McGlone Road, Drouin, VIC, 3818 / Victoria / McGlones Road Widening, Drouin, Vic | Not controlled action | 31/10/2019 |
variation of conditions of approval (EPBC Act s.143)
Reference | Title | 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 | 5/11/2019 |
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 by the Australian Parliament to address the need for a comprehensive approach to environmental protection and biodiversity conservation. This Act provides a framework for the protection of the environment, particularly matters of national environmental significance, by regulating actions that may have a significant impact on listed threatened species, ecological communities, and heritage places. The policy objective of the Act is to ensure the protection and conservation of Australia's biodiversity and environment by controlling actions that may adversely affect these areas. The Department of the Environment and Energy is responsible for administering the Act and ensuring compliance with its provisions. The Act facilitates the integration of environmental considerations into decision-making processes and aims to prevent significant harm to the environment caused by human activities.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of actions and entities across Australia, encompassing both Commonwealth and state jurisdictions. This legislation is primarily concerned with the protection of the environment, including actions that may significantly impact listed threatened species, communities, and migratory species, as well as wetlands of international importance. The Act applies to any person or entity undertaking actions that are classified as 'actions' under the Act, such as those that may lead to the extinction of species, the degradation of ecosystems, or the pollution of the environment. The EPBC Act also extends its reach through subordinate instruments, which can provide further detail on specific actions, species, or areas of environmental concern. While the Act generally covers a broad spectrum of activities, there are exclusions and exemptions specified within its provisions, which may pertain to certain activities that are deemed to have minimal environmental impact or those that are managed under other specific legislation.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) includes various provisions that govern actions requiring approval or not, and the outcomes of reconsiderations. Section 75 (2) details actions that require approval under the EPBC Act, while section 75 (3) outlines actions that do not require approval. Section 133 covers the approval of actions with conditions, while section 78C addresses the reconsideration of section 75 (1) decisions. Section 143 deals with variations to the conditions of approval.
The EPBC Act imposes obligations on entities to ensure compliance with the Act's provisions. For actions that require approval (section 75), entities must submit a referral to the Department of the Environment and Energy for assessment, including the provision of necessary information and documentation. For actions not requiring approval (section 75 (3)), entities must still ensure that their activities do not adversely affect matters of national environmental significance. Approved actions (section 133) come with specific conditions that must be adhered to, and any variations to these conditions (section 143) must be approved by the department. Entities must also ensure timely notification to the public and the department when required.
The EPBC Act provides for various civil and criminal penalties for non-compliance with its provisions. Offences under the Act can lead to substantial fines, with maximum penalties varying depending on the specific offence. For example, knowingly providing false or misleading information in a referral can result in fines of up to $222,200 for individuals and $1,111,000 for corporations. Additionally, the Act allows for criminal prosecutions, which can result in imprisonment for certain offences. It is crucial for entities to comply with the Act to avoid these penalties and ensure the protection of the environment.
In summary, the EPBC Act includes various provisions that govern actions requiring approval, those not requiring approval, and the outcomes of reconsiderations. Entities must comply with these provisions to avoid penalties and ensure the protection of the environment. Failure to comply with the Act can result in substantial fines and criminal prosecutions.