DEPARTMENT OF CLIMATE CHANGE, ENERGY, THE ENVIRONMENT AND WATER
Environment Protection and Biodiversity Conservation Act 1999
EPBC Act Part 7-9 decisions published, 01/04/2024 to 07/04/2024
For further information see the referrals list at https://epbcpublicportal.awe.gov.au/all-referrals/
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 |
2023/09758 | Maximum Sky Pty Ltd / Residential Development / Lot 81 Coppin Road Mundaring WA / Western Australia / Proposed residential development - Structure Plan 81 | - Listed threatened species and communities (sections 18 & 18A)
| 25/03/2024 |
2023/09695 | Jack Murphy / Energy Generation and Supply (renewable) / 1667 Gulthul Road Euston / New South Wales / Euston Wind Farm | - World Heritage (sections 12 & 15A)
- National Heritage (sections 15B & 15C)
- Listed threatened species and communities (sections 18 & 18A)
| 26/03/2024 |
2023/09704 | Danielle Wallace / Mining / 294 Dungeon Road KINGS PLAINS NSW 2799 / New South Wales / McPhillamys Gold Project - Modification 1 | - Listed threatened species and communities (sections 18 & 18A)
- Listed migratory species (sections 20 & 20A)
| 27/03/2024 |
2024/09766 | Anthony Ruskin Rowe / Agriculture and Forestry / 822 Wonbobbie Lane, Tenandra / New South Wales / Clearing of native vegetation to allow the area to grow agricultural crops | - Listed threatened species and communities (sections 18 & 18A)
| 28/03/2024 |
2023/09759 | Department for Energy and Mining / Energy Generation and Supply (renewable) / 27022 Lincoln Highway, Whyalla Barson / South Australia / South Australian Government Renewable Hydrogen Power Station, Electrolysers and Storage Facility | - Listed threatened species and communities (sections 18 & 18A)
| 3/04/2024 |
actions determined as NOT requiring approval (EPBC Act s.75)
Reference | Title | Date |
2023/09720 | DEPARTMENT OF TRANSPORT AND PLANNING / Transport - Land / Start-~2.8 km northwest of the Dunolly Rd level crossing, Emu. End- 2113 St Arnaud – Dunolly Rd, Emu. / Victoria / Murray Basin Rail Project - Emu Signalling | 13/03/2024 |
2023/09681 | Mt Weld Mining Pty Limited / Mining / Elora-Mount Weld Road, Laverton / Western Australia / Mt Weld Rare Earths Project – Life of Mine Proposal | 26/03/2024 |
Assessment Approach (EPBC Act s.87)
Reference | Title | Assessment Approach | Date |
2023/09758 | Maximum Sky Pty Ltd / Residential Development / Lot 81 Coppin Road Mundaring WA / Western Australia / Proposed residential development - Structure Plan 81 | Preliminary Documentation | 25/03/2024 |
2024/09766 | Anthony Ruskin Rowe / Agriculture and Forestry / 822 Wonbobbie Lane, Tenandra / New South Wales / Clearing of native vegetation to allow the area to grow agricultural crops | Public Environment Report | 28/03/2024 |
2023/09759 | Department for Energy and Mining / Energy Generation and Supply (renewable) / 27022 Lincoln Highway, Whyalla Barson / South Australia / South Australian Government Renewable Hydrogen Power Station, Electrolysers and Storage Facility | Preliminary Documentation | 3/04/2024 |
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2019/8406 | Greenridge Properties Pty Ltd / Residential Development / 40-46 Cyril Beechey Lane, Cranbourne, VIC, 3977 / Victoria / Residential development, 40-46 Cyril Beechey Lane, Cranbourne, Vic | Approved with conditions | 2/04/2024 |
OUTCOME OF REQUEST FOR RECONSIDERATION OF S75(1) DECISION (EPBC Act s.78C)
Reference | Title | Reconsideration Decision | Date |
2023/09529 | Logan City Council / Waste Management (sewerage) / 35 Matt Court, to Lot 2 Dennis Road, Cedar Grove / Queensland / DT0018 Matt Court Wastewater Conveyance | Not Controlled Action | 28/03/2024 |
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 Climate Change, Energy, the Environment and Water or may not meet timeframes for notification. The Department of Climate Change, Energy, the Environment and Water 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 Climate Change, Energy, the Environment and Water 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 Australian Parliament to provide a framework for the protection of the environment, particularly in relation to matters of national environmental significance. The EPBC Act aims to safeguard Australia's unique biodiversity, cultural heritage, and ecosystems, ensuring that developments and activities are assessed for their potential environmental impacts. The Act covers a wide range of areas, including listed threatened species and communities, World Heritage properties, and listed migratory species. The Department of Climate Change, Energy, the Environment and Water is responsible for administering the EPBC Act, with a policy objective to integrate environmental considerations into decision-making processes to prevent significant environmental harm. The legislation seeks to strike a balance between environmental protection and economic development, ensuring that growth and sustainability go hand in hand.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to actions that may significantly impact matters of national environmental significance, as defined under the Act. This includes actions proposed by both individuals and entities across various industries such as residential development, renewable energy, mining, and agriculture. The Act's jurisdiction extends nationally across Australia, affecting projects in all states and territories. The Act mandates that certain actions require approval from the Minister before proceeding, particularly if they may harm listed threatened species, communities, or other protected environmental assets. The geographic reach of the Act is national, and it applies to all industries and activities that may impact on matters of national environmental significance. However, the Act also includes provisions for exclusions, exemptions, and thresholds, which are specified under the Act and can be extended or restricted through subordinate instruments. Actions that do not require ministerial approval are also identified, ensuring that the Act balances environmental protection with practical considerations for various industries.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs various activities that may impact on the environment, particularly those listed as matters of national environmental significance (NES). Under sections 75 and 133 of the Act, the Minister has determined whether certain actions require approval and has made decisions on these actions, as evidenced by the recent decisions published from 01/04/2024 to 07/04/2024. For instance, the residential development by Maximum Sky Pty Ltd in Mundaring, Western Australia, was determined to require approval (EPBC Act s.75), whereas the Murray Basin Rail Project by the Department of Transport and Planning in Emu, Victoria, was determined not to require approval (EPBC Act s.75).
The Act imposes specific obligations on parties or entities involved in activities that may impact the environment. For instance, proponents of actions that require approval must submit detailed documentation and undergo assessment processes to ensure that their activities do not harm listed threatened species, communities, or other NES matters (EPBC Act s.18, 18A, 12, 15A, 15B, 15C, 20, 20A). The assessment approach for each action is outlined in section 87 of the Act, and may include preliminary documentation, a public environment report, or other relevant assessments. The Minister's decisions on approval are made under section 133 of the Act, and may be subject to reconsideration under section 78C.
Breach of the provisions of the EPBC Act may result in civil or criminal penalties, depending on the nature and severity of the offence. For instance, failure to comply with an approval condition may result in a civil penalty of up to $666,000 for a corporation and $133,200 for an individual (EPBC Act s.536). Criminal offences under the Act may result in penalties of up to $6.6 million for a corporation and $1.332 million for an individual, as well as imprisonment for up to five years (EPBC Act s.537). The Act also provides for the imposition of infringement notices for minor offences, with penalties of up to $66,600 for a corporation and $13,320 for an individual (EPBC Act s.540).