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 |
2018/8339 | TWEED SHIRE COUNCIL / Water Management and Use / Multiple Lots (see Attachment) / New South Wales / Clarrie Hall Dam Raising Project, Doon Doon, NSW | - Listed threatened species and communities (sections 18 & 18A)
| 27/02/2019 |
2018/8340 | KARREMAN QUARRIES PTY LTD / Mining / Existing Operation - Lot 100 on SP234173, Existing and proposed: Lots 1-5 on RP186598 / Queensland / West Mt Cotton Quarry Expansion, Redland City, Qld | - Listed threatened species and communities (sections 18 & 18A)
| 27/02/2019 |
2018/8202 | BRISBANE CITY COUNCIL / Mining / 1865 D'Aguilar Highway, Bracalba, QLD, 4512 / Queensland / Bracalba Quarry extension, Bracalba, Qld | - Listed threatened species and communities (sections 18 & 18A)
| 4/03/2019 |
Assessment Approach (EPBC Act s.87)
Reference | Title | Assessment Approach | Date |
2018/8339 | TWEED SHIRE COUNCIL / Water Management and Use / Multiple Lots (see Attachment) / New South Wales / Clarrie Hall Dam Raising Project, Doon Doon, NSW | Accredited Assessment Process under the Environmental Planning and Assessment Act 1979 | 27/02/2019 |
2018/8340 | KARREMAN QUARRIES PTY LTD / Mining / Existing Operation - Lot 100 on SP234173, Existing and proposed: Lots 1-5 on RP186598 / Queensland / West Mt Cotton Quarry Expansion, Redland City, Qld | Preliminary Documentation | 27/02/2019 |
2018/8202 | BRISBANE CITY COUNCIL / Mining / 1865 D'Aguilar Highway, Bracalba, QLD, 4512 / Queensland / Bracalba Quarry extension, Bracalba, Qld | Preliminary Documentation | 4/03/2019 |
variation of conditions of approval (EPBC Act s.143)
Reference | Title | Date |
2009/5003 | NARRABRI COAL OPERATIONS PTY LTD / Mining / 30km S-SE of Narrabri, Kamilaroi Highway, Narrabri, NSW / New South Wales / Conversion from Continuous Miner Operation to Longwall Miner Operation | 22/02/2019 |
2011/5923 | TARRAWONGA COAL PTY LTD / Mining / 15km NE of Boggabri & 42km NNW of Gunnedah / New South Wales / Tarrawonga Coal Project | 22/02/2019 |
2002/862 | BORAN RESOURCES VIC PTY LTD / Mining / Deer Park / Victoria / Boral Quarry Extension | 1/03/2019 |
2013/6864 | Stockland Development Pty Ltd / Residential Development / Approximately 10km from Ipswich CBD / Queensland / Paradise Waters Residential Estate, Gampian Drive, Deebing Heights | 1/03/2019 |
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 (EPBC Act) was enacted by the Commonwealth Parliament to address the protection and conservation of Australia's biodiversity and environment. The EPBC Act provides a framework for the protection of the environment by regulating actions that may have a significant impact on matters of environmental significance, including threatened species and communities, listed migratory species, Ramsar wetlands, World Heritage properties, and other ecologically sensitive areas. The policy objective of the EPBC Act is to promote the sustainable use, conservation, and management of natural resources, while also considering the social and economic impacts of development and resource use. The Act aims to balance environmental protection with economic development by providing a process for assessing and approving actions that may have a significant impact on the environment.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to actions that are deemed to require approval under the Act. These actions can include a range of activities and operations that have the potential to impact matters of national environmental significance, such as listed threatened species and ecological communities, World Heritage properties, wetlands of international significance, and other areas that are protected under the Act. The EPBC Act applies to persons and entities undertaking the actions, as well as industries and conduct that may impact these protected matters. The Act has a national reach, applying throughout Australia, and includes provisions for both Commonwealth and state/territory jurisdictions. However, certain exclusions and exemptions may apply, such as actions that are covered by other legislation or actions that are below specified thresholds. The application of the EPBC Act can be extended or restricted through the use of subordinate instruments, such as regulations or guidelines, which provide further detail on the operation of the Act.
Key Provisions
The main sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) that pertain to the actions determined as requiring approval are sections 75 and 87 (sections 75 and 87). Section 75 lists actions that require approval from the Minister, such as those that have, will have, or are likely to have a significant impact on matters of national environmental significance. Section 87 outlines the assessment approach for these actions, which may include using an accredited assessment process or providing preliminary documentation. In the context of the referred actions, these sections require the relevant authorities to submit detailed proposals and assessments for any project that might impact on threatened species or communities, ensuring thorough evaluation before approval is granted.
The obligations imposed on the parties or entities governed by the EPBC Act include providing comprehensive and accurate information about the proposed actions, including their potential environmental impacts (sections 18 and 18A). For instance, Tweed Shire Council, Karreman Quarries Pty Ltd, and Brisbane City Council must detail their projects and demonstrate compliance with environmental standards. This involves conducting thorough environmental impact assessments, preparing detailed project proposals, and submitting these to the Department of the Environment and Energy for review. Additionally, entities must adhere to any conditions set by the Minister upon approval of their actions, ensuring ongoing compliance throughout the project's lifecycle.
Breaching the provisions of the EPBC Act can result in both civil and criminal penalties. Under the Act, individuals or entities that fail to comply with approval requirements or environmental conditions can face significant fines. For example, section 535 of the Act provides for a penalty of up to $666,000 for corporations and up to $133,000 for individuals for each offence related to non-compliance. Furthermore, criminal penalties may apply for more severe breaches, including imprisonment for up to five years for individuals and higher fines for corporations. These penalties underscore the importance of adhering to the Act's requirements to protect the environment and avoid legal repercussions.