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 |
2018/8163 | TM Gold Pty Ltd / Mining / Mary River West pastoral lease (PPL815) / Northern Territory / Spring Hill Gold Project, 200km SE of Darwin, NT | - Listed threatened species and communities (sections 18 & 18A)
| 23/05/2018 |
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2016/7741 | DEPARTMENT OF EDUCATION / Commercial Development / Hammond Park, approx. 24km south of Perth CBD / Western Australia / Hammond Park Secondary School development, WA | Approved with conditions | 31/05/2018 |
2017/7914 | EMKC AU INDUSTRIAL 1 PTY LTD / Commercial Development / 10 Gordon Luck Ave, Altona North, Victoria / Victoria / Industrial Development, 10 Gordon Luck Avenue, Altona, Vic | Approved with conditions | 1/06/2018 |
2016/7734 | Hexa Keilor Downs Pty Ltd / Residential Development / 7B Copernicus Way, Keilor Downs, Victoria / Victoria / Residential Mixed Use Development, 7B Copernicus Way, Keilor Downs, Vic | Approved with conditions | 4/06/2018 |
2012/6552 | Forward Mining Ltd / Mining / 7km southeast of Hampshire / TAS / Rogetta Project, Hampshire, Tas | Approved with conditions | 5/06/2018 |
variation of conditions of approval (EPBC Act s.143)
Reference | Title | Date |
2010/5344 | Arrow Energy Pty Ltd / Energy Generation and Supply (non-renewable) / 200km West of Brisbane / Queensland / Expansion Of Coal Seam Gas Operations | 29/05/2018 |
2012/6274 | COLIN PIACENTINI / Natural Resources Management / 313-316 Mimminup Road, Dalyellup / Western Australia / 313-316 Mimminup Road, Dalyellup | 1/06/2018 |
2013/6850 | Roads Corporation VicRoads / Transport - Land / between Warren St in Echuca Vic & Perricoota Rd in Moama NSW / Victoria / Construction of a second Murray River crossing Echuca-Moama, Vic | 1/06/2018 |
2005/2040 | OXIANA LIMITED / Mining / Prominent Hill / South Australia / Prominent Hill Copper-Gold Project | 6/06/2018 |
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 was enacted to address the need for a comprehensive and integrated approach to the protection of the environment, particularly in relation to matters of national environmental significance. This Act was brought into force by the Parliament of Australia and aims to provide a framework for the protection and management of Australia's environment, including its biodiversity, heritage, and ecosystems, while also considering the impacts of proposed activities on these areas. The Act ensures that proposed activities that may significantly impact the environment are subject to rigorous assessment and, where necessary, approval by the relevant authorities. The Department of the Environment and Energy administers this Act, focusing on minimising risks of missed notifications and ensuring transparency in the referral approval process.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of persons, entities, industries, and actions that may impact the environment, particularly in relation to matters of national environmental significance. The Act covers projects and activities that require approval under the Act, including mining operations, commercial and residential developments, and industrial activities, among others. The EPBC Act extends to the Commonwealth, states, territories, and external territories of Australia, thus encompassing a wide geographic and jurisdictional reach. There are certain exclusions and thresholds outlined in the Act, such as actions that do not trigger the need for approval under the EPBC Act, and certain types of actions that are subject to streamlined assessment processes. The Act also allows for the extension or restriction of its application through subordinate instruments, which can provide more detailed guidance on specific matters. The Department of the Environment and Energy is responsible for implementing systems and quality assurance procedures to ensure that referrals for approval under the EPBC Act are processed in a timely and efficient manner, with any missed notifications being communicated to the public to maintain transparency and accountability.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) contains provisions that require certain actions to be approved, particularly those that may have significant environmental impacts (s.75). The Act lists threatened species and communities that must be considered when assessing the potential environmental effects of a proposed action (s.18 and s.18A). The Department of the Environment and Energy is responsible for granting or refusing approval of actions based on the potential impact on these species and communities. The decision-making process includes public notifications and consultation with relevant stakeholders. Approvals are often granted with conditions to mitigate any adverse environmental effects (s.133).
Entities proposing actions that require approval under the EPBC Act must comply with specific obligations. They must provide comprehensive information about the proposed action, including its potential environmental impacts, to the Department of the Environment and Energy. This information must be submitted in a referral or notification form as required by the Act. Additionally, proponents must engage with the public and relevant stakeholders during the assessment process. Failure to comply with these obligations can result in the refusal of approval or additional requirements imposed by the Department.
Breaches of the EPBC Act can result in various civil and criminal consequences. For instance, failure to comply with the conditions of approval can lead to enforcement actions, including fines and legal proceedings. The maximum penalty for contravening a condition of approval can be substantial, with fines reaching up to $66,000 for individuals and $330,000 for corporations, depending on the severity and frequency of the breach (s.144). Furthermore, deliberate or reckless actions that cause harm to listed threatened species or communities can result in more severe penalties, including imprisonment. These provisions ensure that the Act’s objectives of protecting the environment and biodiversity are upheld.