DEPARTMENT OF CLIMATE CHANGE, ENERGY, THE ENVIRONMENT AND WATER
Environment Protection and Biodiversity Conservation Act 1999
EPBC Act Part 7-9 decisions published, 03/04/2023 to 09/04/2023
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 |
2022/09215 | East Gippsland Shire Council / Tourism and Recreation / 99 Wallace Street, Bairnsdale, 3875 / Victoria / Re-development of Women’s Organisation for Recreation, Leisure and Development (WORLD) Sport Precinct | - Listed threatened species and communities (sections 18 & 18A)
| 28/03/2023 |
2022/09416 | TILT RENEWABLES AUSTRALIA PTY LTD / Energy Generation and Supply (renewable) / 1170 Coolah Creek Road, Coolah, NSW, 2843. This property is one of the properties within the wind farm site. / New South Wales / Liverpool Range Wind Farm Project | - Listed threatened species and communities (sections 18 & 18A)
- Listed migratory species (sections 20 & 20A)
| 30/03/2023 |
2022/09407 | Horizon Power / Energy Generation and Supply (non-renewable) / Burrup Road 116.7422759˚E, -20.6568737˚S, 116.7500076˚E, -20.6534470˚S / Western Australia / Burrup Common User Transmission Infrastructure | - Listed threatened species and communities (sections 18 & 18A)
- Listed migratory species (sections 20 & 20A)
- National Heritage (sections 15B & 15C)
| 3/04/2023 |
actions determined as NOT requiring approval (EPBC Act s.75)
Reference | Title | Date |
2022/09411 | UNIVERSAL PROPERTY GROUP PTY LIMITED / Residential Development / 13L Narromine Road, Dubbo, NSW, 2830 (Lot 22 DP1038924); and Jannali Road, Dubbo, NSW, 2830 (Lot 7 DP 223428) / New South Wales / 2679.01 - Dubbo - BDAR - Proposed Residential and Industrial Subdivision | 29/03/2023 |
Assessment Approach (EPBC Act s.87)
Reference | Title | Assessment Approach | Date |
2022/09215 | East Gippsland Shire Council / Tourism and Recreation / 99 Wallace Street, Bairnsdale, 3875 / Victoria / Re-development of Women’s Organisation for Recreation, Leisure and Development (WORLD) Sport Precinct | Preliminary Documentation | 28/03/2023 |
2022/09416 | TILT RENEWABLES AUSTRALIA PTY LTD / Energy Generation and Supply (renewable) / 1170 Coolah Creek Road, Coolah, NSW, 2843. This property is one of the properties within the wind farm site. / New South Wales / Liverpool Range Wind Farm Project | Public Environment Report | 30/03/2023 |
2022/09407 | Horizon Power / Energy Generation and Supply (non-renewable) / Burrup Road 116.7422759˚E, -20.6568737˚S, 116.7500076˚E, -20.6534470˚S / Western Australia / Burrup Common User Transmission Infrastructure | Preliminary Documentation | 3/04/2023 |
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 (Cth) was enacted to address the need for the protection of the environment, particularly in relation to biodiversity and heritage, by providing a framework for the assessment and approval of activities that may have a significant impact on matters of national environmental significance. The Act is administered by the Australian Government, through the Department of Climate Change, Energy, the Environment and Water. The policy objective of the EPBC Act is to promote the conservation of biodiversity, protect matters of national environmental significance, and provide for the assessment and approval of activities that may have a significant impact on the environment. Recent decisions under the Act include the approval of a re-development project in Victoria, a wind farm project in New South Wales, and transmission infrastructure in Western Australia, all of which involved assessments of potential impacts on listed threatened species, communities, and migratory species, as well as national heritage. Conversely, a residential development project in New South Wales was determined not to require approval under the Act.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of activities, projects, and actions across Australia that may impact the environment, biodiversity, or heritage places. The Act governs entities and individuals involved in activities that may affect matters of national environmental significance, such as listed threatened species and communities, listed migratory species, and places of national heritage significance. This includes a variety of industries, such as energy generation and supply, tourism, and residential development. The geographic reach of the Act is national, with both Commonwealth and state/territory collaboration to ensure compliance with environmental protection and biodiversity conservation. The Act's application may be extended or restricted through subordinate instruments, which provide additional guidelines and specifications for certain activities. In cases where public notifications relating to referral approvals under the EPBC Act are missed or delayed, the Department of Climate Change, Energy, the Environment and Water has implemented quality assurance procedures to minimise such occurrences and ensure transparency in the referral process.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs several key provisions, including the listing of threatened species and communities (s. 18, 18A), migratory species (s. 20, 20A), and national heritage (s. 15B, 15C). Under sections 75 and 87 of the Act, certain actions are determined as requiring approval, while others are determined as not requiring approval. These sections also outline the assessment approach for each action, which can include preliminary documentation or a public environment report.
For actions requiring approval, the EPBC Act imposes specific obligations on the parties or entities involved. They must ensure that their proposed actions do not harm listed threatened species, communities, or migratory species, and that they comply with any conditions set by the Department of Climate Change, Energy, the Environment and Water. For national heritage sites, additional obligations may apply to protect and preserve the cultural and natural values of these sites.
Failure to comply with the requirements of the EPBC Act may result in civil or criminal consequences. In the case of civil penalties, the maximum penalty for contravening the Act is AUD 5.5 million for individuals and AUD 27.5 million for corporations, as outlined in section 535 of the Act. Criminal penalties may also apply for certain offences, with maximum penalties ranging from fines to imprisonment, depending on the severity of the offence.
The EPBC Act also includes provisions for public notification of referrals for approval, with ongoing quality assurance procedures in place to minimise the risk of missed notifications. While late notifications may cause inconvenience, they do not affect subsequent processing of referrals or assessments, and decisions made under the Act remain valid. The Department of Climate Change, Energy, the Environment and Water regrets any inconvenience caused by missed notifications and ensures that all relevant information is made available to the public.