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 |
2019/8480 | CITY OF ALBANY / Tourism and Recreation / Multiple lots, Albany, WA / Western Australia / Albany Heritage Park Link Trail, WA | - Listed threatened species and communities (sections 18 & 18A)
| 24/10/2019 |
2019/8453 | WATER CORPORATION / Water Management and Use / Marmion Avenue, Alkimos, WA / Western Australia / Alkimos Seawater Desalination | - Listed threatened species and communities (sections 18 & 18A)
- Listed migratory species (sections 20 & 20A)
| 29/10/2019 |
2019/8509 | SF IRRIGATION CO-OPERATIVE LIMITED / Water Management and Use / 20km west of Manjimup / Western Australia / Southern Forests Irrigation Scheme | - Listed threatened species and communities (sections 18 & 18A)
| 29/10/2019 |
2019/8518 | HAMERSLEY IRON PTY. LIMITED / Mining / central Pilbara region / Western Australia / Extension to Brockman Syncline Iron Ore Operations | - Listed threatened species and communities (sections 18 & 18A)
| 31/10/2019 |
Assessment Approach (EPBC Act s.87)
Reference | Title | Assessment Approach | Date |
2019/8518 | HAMERSLEY IRON PTY. LIMITED / Mining / central Pilbara region / Western Australia / Extension to Brockman Syncline Iron Ore Operations | Accredited Assessment Process under the Environmental Protection Act 1986 (WA) | 31/10/2019 |
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2017/7957 | BHP Billiton Mitsui Coal Pty Ltd / Mining / Lot 3 SP162563, Lot 7 SP155252, Lot 2 WHS16 / Queensland / MRA2C Project, South Walker Creek Operations | Approved with conditions | 30/10/2019 |
2018/8381 | RTA Yarwun Pty Ltd / Waste Management (sewerage) / Lot 7 on SP228453 / Queensland / Lot 7 Borrow Pits, Aldoga Road, Gladstone, Qld | Approved with conditions | 31/10/2019 |
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 to provide for the protection of the environment, particularly with respect to matters of national environmental significance, by regulating actions that have, will have, or might have a significant impact on the environment. This legislation was introduced to address the gap in comprehensive environmental protection laws at a national level in Australia. The Act is administered by the Parliament of Australia and its overarching policy objective is to protect and conserve Australia's biodiversity and environment by preventing significant impacts on matters of national environmental significance. The Act provides a framework for the assessment and approval of actions that may impact the environment, including threatened species and ecological communities, World Heritage properties, and other areas of national environmental importance. The Department of the Environment and Energy has systems in place to minimise the risk of missed notifications in processing referrals for approval under the Act, ensuring that the public is kept informed about environmental decisions that may affect them.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to a broad range of entities, industries, and activities within Australia, with a specific focus on actions that may impact listed threatened species, ecological communities, and migratory species. This federal Act governs actions undertaken by both individuals and corporate entities, ensuring that they assess and mitigate potential environmental impacts. The Act’s jurisdictional reach extends across the Commonwealth of Australia, including state and territory borders, making it a national piece of legislation. However, it allows for exclusions and exemptions under certain conditions, such as through the use of subordinate instruments that can tailor the application of the Act to specific circumstances. Additionally, the Act may extend or restrict its application through various assessment approaches and approvals processes, ensuring that different sectors and projects are appropriately managed within the environmental framework.
Key Provisions
The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) relevant to the given referrals include sections 75, 87, and 133. Section 75 requires that certain actions be approved by the Minister if they are likely to have a significant impact on matters of national environmental significance. Section 87 pertains to the assessment approach for these actions, which could include using an accredited assessment process as per state environmental protection legislation. Section 133 covers the Minister's decision on whether to approve an action, which can be done with or without conditions.
The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, entities proposing actions that may impact listed threatened species, communities, or migratory species must notify the Department of the Environment and Energy and may need to seek approval from the Minister (sections 18, 18A, 20, 20A). Secondly, entities must adhere to any conditions imposed by the Minister as part of the approval process (section 133). They are also required to ensure that their proposed actions do not negatively affect any matters of national environmental significance unless authorised by the Minister.
Breaches of the EPBC Act can lead to various civil and criminal consequences. For example, if an entity undertakes an action that has a significant impact on matters of national environmental significance without the required approval, it could be considered an offence under section 483, which may incur fines up to AUD 66,000 for individuals or AUD 330,000 for corporations. Additionally, if an entity fails to comply with the conditions set by the Minister in the approval decision, it may face enforcement actions, including further fines or even criminal charges. The severity of penalties depends on the nature and extent of the breach, but the Act provides for significant deterrents to ensure compliance with environmental protection requirements.