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 |
2018/8208 | RES AUSTRALIA PTY LTD / Energy Generation and Supply (renewable) / 80 km north-east of Adelaide, SA / South Australia / Twin Creek Wind Farm, 80km north-east of Adelaide, SA | - Listed threatened species and communities (sections 18 & 18A)
| 9/11/2018 |
2018/8290 | The Trustee for Arcidiacono Family Trust / Commercial Development / Lot 2 DP229466 / New South Wales / Service centre, 6 Honeman Close, Huntingwood, NSW | - Listed threatened species and communities (sections 18 & 18A)
| 12/11/2018 |
Assessment Approach (EPBC Act s.87)
Reference | Title | Assessment Approach | Date |
2018/8208 | RES AUSTRALIA PTY LTD / Energy Generation and Supply (renewable) / 80 km north-east of Adelaide, SA / South Australia / Twin Creek Wind Farm, 80km north-east of Adelaide, SA | Preliminary Documentation | 9/11/2018 |
2018/8290 | The Trustee for Arcidiacono Family Trust / Commercial Development / Lot 2 DP229466 / New South Wales / Service centre, 6 Honeman Close, Huntingwood, NSW | Preliminary Documentation | 12/11/2018 |
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2015/7461 | WHITE HORSE AUSTRALIA LINDEMAN PTY LTD / Commercial Development / Lindeman Island, 40 kms SE Shute Harbour / Queensland / Lindeman Island Integrated Tourist Resort, Qld. EPBC 2015 / 7461 | Approved with conditions | 8/11/2018 |
2007/3643 | Ellensfield Coal Management Pty Ltd / Mining / Northern part of Bowen Basin between Copabella and Moranbah / QLD / Ellensfield Underground Coal Mine | Approved with conditions | 9/11/2018 |
2018/8141 | CLARKE CREEK ENERGY PTY LTD / Energy Generation and Supply (renewable) / Multiple lots / Queensland / Clarke Creek Wind Farm, Qld | Approved with conditions | 9/11/2018 |
variation of conditions of approval (EPBC Act s.143)
Reference | Title | Date |
2011/6063 | Burnside North Pty Ltd / Residential Development / Approx 20km west north west of Melbourne / Victoria / Burnside Development | 9/11/2018 |
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. It was introduced to address the gap in comprehensive environmental protection laws, aiming to safeguard the environment and biodiversity across Australia. The Act was passed by the Australian Parliament, with the policy objective of ensuring that development and activities do not significantly harm the environment, including listed threatened species and communities. The Department of the Environment and Energy is responsible for administering the Act, ensuring compliance and the timely notification of referral processes to the public, despite occasional lapses in meeting notification timeframes.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various persons, entities, industries, and actions within Australia, including both Commonwealth and state jurisdictions. This legislation specifically targets the approval of actions that may significantly impact matters of national environmental significance, such as listed threatened species and ecological communities. The Act governs a broad range of activities, including energy generation and supply, commercial development, and mining operations. Its jurisdiction covers the entire nation, with the Department of the Environment and Energy administering the legislative framework to ensure compliance and environmental protection. Although the Act is extensive, certain activities may be exempt or excluded based on specific criteria, and the application of the Act can be further delineated through subordinate instruments. Any missed or delayed notifications regarding referral approvals are addressed through ongoing quality assurance procedures implemented by the Department, ensuring transparency and accountability in the referral process.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) outlines various key provisions, primarily focusing on the management and protection of the environment. Section 75 of the Act identifies actions that require approval, which involves assessing potential impacts on matters of national environmental significance (MNES). This includes listed threatened species and ecological communities, which are detailed under sections 18 and 18A. Actions such as the Twin Creek Wind Farm in South Australia and a commercial development in New South Wales fall under these sections and require preliminary documentation as part of their assessment (sections 87).
The Act imposes obligations on entities to ensure their proposed actions do not significantly harm MNES. For example, RES AUSTRALIA PTY LTD must provide preliminary documentation for their renewable energy project, detailing how it will mitigate impacts on threatened species. Similarly, The Trustee for Arcidiacono Family Trust must prepare documentation for their commercial development project, focusing on potential effects on listed species and communities. Approval decisions, such as those for the Lindeman Island Integrated Tourist Resort and the Ellensfield Underground Coal Mine, are granted with specific conditions to manage environmental impacts (section 133).
Failure to comply with the requirements of the EPBC Act can result in various consequences. Offences under the Act can lead to both civil and criminal penalties. For instance, if a party fails to submit the required documentation or violates the conditions of approval, they may face fines or imprisonment. The maximum penalties can vary, but they are significant enough to enforce compliance with environmental protection standards. Additionally, missed notifications, while not affecting the processing of referrals, are addressed to ensure transparency and public awareness, as seen in the case of the Burnside Development in Victoria, where conditions of approval were varied under section 143.