DEPARTMENT OF AGRICULTURE, WATER AND THE ENVIRONMENT
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 |
2020/8778 | Lenton Joint Venture (Comprising New Lenton Coal Pty Ltd ABN 48 095 390 079 and MPC Lenton Pty Ltd ABN 78 149 618 904 ) / Mining / Suttor Developmental Road, Burton, 65kms north of Moranbah / Queensland / New Lenton Coal Project, 65kms north of Moranbah, QLD | - Listed threatened species and communities (sections 18 & 18A)
- A water resource, in relation to coal seam gas development and large coal mining development (sections 24D & 24E)
| 22/10/2020 |
2020/8798 | Order of the Servants of Mary Incorporated / Residential Development / City of Wanneroo / Western Australia / Lot 9000 Wanneroo Road Sinagra Mixed Use Development, Western Australia | - Listed threatened species and communities (sections 18 & 18A)
| 23/10/2020 |
2020/8797 | Epuron Projects Pty Ltd / Energy Generation and Supply (renewable) / Guildford Road, Guildford / Tasmania / Guildford Wind Farm | - World Heritage (sections 12 & 15A)
- National Heritage (sections 15B & 15C)
- Listed threatened species and communities (sections 18 & 18A)
- Listed migratory species (sections 20 & 20A)
| 26/10/2020 |
Assessment Approach (EPBC Act s.87)
Reference | Title | Assessment Approach | Date |
2020/8778 | Lenton Joint Venture (Comprising New Lenton Coal Pty Ltd Abn 48 095 390 079 And Mpc Lenton Pty Ltd Abn 78 149 618 904 ) / Mining / Suttor Developmental Road, Burton, 65kms north of Moranbah / Queensland / New Lenton Coal Project, 65kms north of Moranbah, Qld | Public Environment Report | 22/10/2020 |
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2015/7516 | Satterley Property Group / Residential Development / Mickleham Road, Mickleham / Victoria / Lindum Vale residential development, Mickleham, Vic | Approved with conditions | 25/10/2020 |
2015/7453 | Hanson Construction Materials Pty Ltd / Mining / Port Stephens / New South Wales / Brandy Hill rock quarry extension, Seaham, Port Stephens, NSW | Approved with conditions | 27/10/2020 |
2019/8395 | Western Sydney Parklands Trust / Commercial Development / Part of Lot 10 // DP 1061237 and Part of Lot 5 // DP 804051 / New South Wales / Light Horse Interchange Business Hub, Eastern Creek, NSW | Approved with conditions | 29/10/2020 |
variation of conditions of approval (EPBC Act s.143)
Reference | Title | Date |
2012/6631 | WESTMINSTER ESTATES PTY LTD / Residential Development / Approximately 37 km north of Perth / Western Australia / Jindee Residential Development | 26/10/2020 |
NOTICE OF EXTENSION OF TIME (EPBC Act s.130(4))
Reference | Title | Extended to | Date |
2012/6558 | Gladstone Ports Corporation Ltd / Transport - Water / Port of Gladstone / Queensland / Port of Gladstone Gatcombe & Golding Cutting Channel Duplication Project | 26/11/2020 | 29/10/2020 |
2019/8584 | Calidus Resources Limited / Mining / Various mining, exploration and prospecting leases, as outlined in Section 2.2 of the SIR / Western Australia / Warrawoona Gold Project, Pilbara Region, WA | 1/12/2020 | 29/10/2020 |
2017/8090 | Pointcorp Heritage Park Pty Limited / Residential Development / 64.750 / Queensland / Park Ridge residential, mixed use and medium impact industry precinct, Park Ridge, Queensland | 24/11/2020 | 30/10/2020 |
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 Agriculture, Water and the Environment or may not meet timeframes for notification. The Department of Agriculture, Water and the Environment 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 Agriculture, Water and the Environment 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 matters of national environmental significance, and to establish a framework for the assessment of activities that may impact upon the environment. This legislation was introduced to address the gap in comprehensive environmental protection and to ensure that activities potentially affecting the environment are subject to rigorous assessment and control. The Act is administered by the Commonwealth Parliament, with the objective of integrating environmental considerations into decision-making processes at both the federal and state levels. The Act aims to protect Australia's unique flora, fauna, ecosystems, and cultural heritage, and to maintain the health of the environment for future generations. It achieves this by requiring assessments and approvals for certain activities that may impact on listed threatened species, communities, and other matters of national environmental significance.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to persons and entities undertaking actions that may have a significant impact on matters of national environmental significance. These include listed threatened species and communities, water resources, World Heritage properties, National Heritage properties, listed migratory species, the marine environment, the ozone layer, and the upper atmosphere. The Act extends to actions taking place within Australian jurisdiction, offshore areas under Australian control, and to Australians overseas. The Act can extend its application through subordinate instruments, such as regulations and determinations, to cover additional matters or refine the scope of the legislation. Exclusions and exemptions can apply to certain actions based on thresholds or specific circumstances, as determined by the relevant Minister. The Department of Agriculture, Water and the Environment is responsible for administering the Act, including the processing of referrals for approval, which may occasionally result in missed or delayed notifications despite the Department’s efforts to minimise such occurrences.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs several key areas, including the assessment and approval of certain actions that may impact the environment, listed threatened species and communities, and national and world heritage places. Section 75 of the Act details the actions that require approval under the Act, while Section 87 outlines the assessment approach for these actions. The Act also mandates that certain actions must be assessed for their potential impact on water resources, listed migratory species, and national and world heritage places, as outlined in Sections 12, 15A, 15B, 15C, 18, 18A, 20, 20A, 24D, and 24E.
The EPBC Act imposes several obligations on the parties or entities it governs. For instance, those proposing actions that require approval under the Act must submit a referral for assessment and approval, as required under Section 75. The Act also requires that the assessment of actions be conducted in accordance with the approach outlined in Section 87, which may include the preparation of a Public Environment Report. Additionally, the Act requires that any approved actions be subject to conditions, as outlined in Section 133 of the Act.
Failure to comply with the requirements of the EPBC Act may result in civil or criminal penalties, depending on the nature and severity of the breach. For instance, Section 528 of the Act provides for civil penalties of up to $666,000 for individuals and $3.3 million for corporations for breaches of certain provisions of the Act. Section 535 of the Act also provides for criminal penalties of up to five years imprisonment for individuals and $330,000 for corporations for breaches of certain provisions of the Act, such as wilful or reckless interference with a listed threatened species or community. The Act also provides for other civil and criminal penalties for breaches of certain provisions, such as unauthorised entry onto a world heritage place or wilful damage to a national heritage place.