DEPARTMENT OF AGRICULTURE, WATER AND THE ENVIRONMENT
Environment Protection and Biodiversity Conservation Act 1999
EPBC Act Part 7-9 decisions published, 02/08/2021 to 08/08/2021
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 |
2021/8915 | Water Corporation / Water Management and Use / 358 Vase-yallingup Siding Road, Marybrook / Western Australia / Lennox Weir Removal, 12kms west Busselton | - Listed threatened species and communities (sections 18 & 18A)
| 27/07/2021 |
2021/8979 | Santos CSG Pty Ltd / Energy Generation and Supply (non-renewable) / Arcadia Valley within the Surat Basin / Queensland / Towrie Gas Development PL 1059 | - 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)
| 28/07/2021 |
2020/8846 | Latrobe Council / Water Management and Use / on the banks of the Kings Creek watercourse / Tasmania / Latrobe Levee | - Listed threatened species and communities (sections 18 & 18A)
| 5/08/2021 |
2021/8951 | Department of Premier and Cabinet / Science and Research / Arumpo Road, Mungo National Park, Mungo / New South Wales / Willandra Ancestral Remains Reburial 2021 | - World Heritage (sections 12 & 15A)
- National Heritage (sections 15B & 15C)
| 5/08/2021 |
actions determined as NOT requiring approval (EPBC Act s.75)
Reference | Title | Date |
2021/8986 | Bunbury Water Corporation (trading as Aqwest) / Water Management and Use / Ocean Drive in the suburb of Usher, City of Bunbury / Western Australia / Bunbury Water Resources Recovery Scheme-Recycled Water Treatment Plant | 3/08/2021 |
Assessment Approach (EPBC Act s.87)
Reference | Title | Assessment Approach | Date |
2021/8915 | Water Corporation / Water Management and Use / 358 Vase-yallingup Siding Road, Marybrook / Western Australia / Lennox Weir Removal, 12kms west Busselton | Preliminary Documentation | 27/07/2021 |
2021/8979 | Santos CSG Pty Ltd / Energy Generation and Supply (non-renewable) / Arcadia Valley within the Surat Basin / Queensland / Towrie Gas Development PL 1059 | Preliminary Documentation | 28/07/2021 |
2020/8846 | Latrobe Council / Water Management and Use / on the banks of the Kings Creek watercourse / Tasmania / Latrobe Levee | Preliminary Documentation | 5/08/2021 |
2021/8951 | Department of Premier and Cabinet / Science and Research / Arumpo Road, Mungo National Park, Mungo / New South Wales / Willandra Ancestral Remains Reburial 2021 | Preliminary Documentation | 5/08/2021 |
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2013/7026 | UUNGULA WIND FARM PTY LTD / Commercial Development / Goolma / New South Wales / Uungula Wind Farm, Goolma, NSW | Approved with conditions | 3/08/2021 |
variation of conditions of approval (EPBC Act s.143)
Reference | Title | Date |
2018/8368 | RES AUSTRALIA PTY LTD / Energy Generation and Supply (renewable) / Warrego Highway 7km east of the township of Dulacca, Queensland / Queensland / Dulacca Renewable Energy Project, Dulacca QLD | 30/07/2021 |
2018/8151 | BORAL RESOURCES (COUNTRY) PTY. LIMITED / Mining / 321 Mugga Lane, Symonston, ACT, 2609 / Australian Capital Territory / Mugga Quarry overburden expansion project, ACT | 2/08/2021 |
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 | 2/08/2021 |
2019/8413 | STANMORE IP SOUTH PTY LTD / Mining / Off Peak Downs Highway, Moranbah, QLD, 4777 / Queensland / Isaac Downs coal mine project, near Moranbah, Qld | 6/08/2021 |
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 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, and to facilitate ecologically sustainable development through the protection of the environment from the impacts of Commonwealth activities, certain actions, and developments. The EPBC Act is administered by the Department of Agriculture, Water and the Environment, which ensures that the Act's policy objectives, including the protection of biodiversity, the conservation of the environment, and the promotion of ecologically sustainable development, are met. This legislation establishes a framework for the assessment and approval of activities that may have a significant impact on the environment, including the protection of threatened species, communities, and heritage places. Recent decisions published by the Department of Agriculture, Water and the Environment under the EPBC Act include approvals and refusals for various projects, as well as variations to the conditions of existing approvals, all aimed at ensuring compliance with the Act's objectives and requirements.
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, such as listed threatened species and communities, World Heritage properties, and national heritage places. The Act is applicable to both individuals and entities across various industries, including water management, energy generation and supply, and mining, within the Commonwealth jurisdiction. The EPBC Act can extend or restrict its application through subordinate instruments, which are developed to provide further detail or clarification on specific aspects of the Act. The Act does not explicitly mention any exclusions, exemptions, or thresholds; however, certain actions may be determined as not requiring approval under specific sections of the Act, such as section 75. The Department of Agriculture, Water and the Environment is responsible for ensuring the proper implementation and enforcement of the EPBC Act, including the timely notification of public decisions related to the processing of referrals for approval.
Key Provisions
The main operative sections of the EPBC Act as referenced in the Gazette entries include sections 75, 87, 133, and 143. Section 75 pertains to actions requiring approval, where specific projects or activities must receive approval before proceeding, such as the Lennox Weir Removal and Towrie Gas Development. Section 87 outlines the assessment approach, detailing the preliminary documentation phase for projects like the Bunbury Water Resources Recovery Scheme. Section 133 addresses the decision on approval, exemplified by the approval of the Uungula Wind Farm with conditions. Finally, section 143 pertains to the variation of conditions of approval for existing projects, such as the Dulacca Renewable Energy Project and the Mugga Quarry overburden expansion project.
The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, those proposing actions that may significantly impact listed threatened species or communities, water resources in relation to coal seam gas and large coal mining development, or World and National Heritage places must submit detailed proposals and documentation for assessment. This includes the Lennox Weir Removal, Towrie Gas Development, and the Willandra Ancestral Remains Reburial 2021. Secondly, entities must adhere to the assessment approach outlined in section 87, which involves preliminary documentation, as seen in the Bunbury Water Resources Recovery Scheme. Thirdly, for projects approved under section 133, such as the Uungula Wind Farm, conditions must be met to ensure the project does not harm the environment. Lastly, for projects under section 143, like the Dulacca Renewable Energy Project, any variations to the conditions of approval must be communicated and approved by the relevant authorities.
Failure to comply with the requirements and conditions set out in the EPBC Act can result in various consequences. Offences and breaches may lead to civil penalties, which can include substantial fines. For example, non-compliance with the conditions of approval for the Dulacca Renewable Energy Project could result in financial penalties. Additionally, criminal penalties may apply in severe cases of non-compliance, potentially leading to imprisonment. These penalties are intended to enforce adherence to environmental protection and biodiversity conservation measures, ensuring the sustainability of natural resources and heritage places.