DEPARTMENT OF CLIMATE CHANGE, ENERGY, THE ENVIRONMENT AND WATER
Environment Protection and Biodiversity Conservation Act 1999
EPBC Act Part 7-9 decisions published, 03/10/2022 to 09/10/2022
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 |
2022/09254 | FORGE RESOURCES SWAN PTY LTD / Transport - Water / The Balla Balla Export Facilities at Balla Balla Harbour on the Pilbara coastline ~100km east of Anketell Point and 120 km south-west of Port Hedland / Western Australia / Balla Balla Export Facilities – Design Variation | - Listed threatened species and communities (sections 18 & 18A)
- Listed migratory species (sections 20 & 20A)
| 28/09/2022 |
2022/09300 | Transport for NSW / Transport - Land / Between Macquarie St, Parramatta and Carter St, Lidcombe, via Camellia, Rydalmere, Ermington, Melrose Park, Wentworth Point and Sydney Olympic Park. / New South Wales / Parramatta Light Rail Stage 2 | - Listed threatened species and communities (sections 18 & 18A)
| 30/09/2022 |
Assessment Approach (EPBC Act s.87)
Reference | Title | Assessment Approach | Date |
2022/09254 | FORGE RESOURCES SWAN PTY LTD / Transport - Water / The Balla Balla Export Facilities at Balla Balla Harbour on the Pilbara coastline ~100km east of Anketell Point and 120 km south-west of Port Hedland / Western Australia / Balla Balla Export Facilities – Design Variation | Preliminary Documentation | 28/09/2022 |
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2020/8773 | ACCIONA ENERGY AUSTRALIA GLOBAL PTY LTD / Energy Generation and Supply (renewable) / Lot 2 SP301578 and Lot 1 SP157677 / Queensland / Aldoga Solar Farm Project | Approved with conditions | 27/09/2022 |
variation of conditions of approval (EPBC Act s.143)
Reference | Title | Date |
2021/8926 | Altis Frasers JV Pty Ltd / Commercial Development / Mamre Road, Kemps Creek / New South Wales / Kemps Creek Warehouse, Logistics and Industrial Facilities Hub | 1/09/2022 |
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 to address the need for a comprehensive national framework for the protection of the environment, particularly with respect to matters of national environmental significance. The Act was passed by the Australian Parliament and aims to ensure the protection and conservation of Australia's unique biodiversity and ecosystems. The EPBC Act provides for the assessment and approval of activities that may have significant environmental impacts, including those affecting listed threatened species, communities, and migratory species. Recent notifications published from 03/10/2022 to 09/10/2022 illustrate the Act's role in evaluating various projects for their environmental implications, such as the Balla Balla Export Facilities and the Parramatta Light Rail Stage 2, ensuring that they comply with environmental standards before proceeding.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of entities and activities across Australia, governing actions that may have a significant impact on matters of national environmental significance. These include actions that affect listed threatened species and ecological communities, migratory species, the marine environment, the World Heritage properties, and the Ramsar-listed wetlands, among others. The Act applies to both individuals and corporations, and to projects and activities that may potentially affect these environmental matters. It has a national reach and its jurisdiction extends to all parts of Australia, including state and territory waters and areas beyond jurisdictional boundaries where the action has a significant impact on a matter of national environmental significance within Australia. Certain actions are exempt from the EPBC Act, such as activities that are solely intrastate and do not impact on matters of national environmental significance, or activities that are listed on the Commonwealth's negative list. The Act also allows for the Minister to extend or restrict its application through subordinate instruments. The Department of Climate Change, Energy, the Environment and Water manages the implementation of the EPBC Act, and it has noted that while systems are in place to ensure timely notifications, occasional delays or missed notifications may occur, which are subsequently rectified to maintain public transparency and integrity in the referral process.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is the principal legislation governing environmental protection in Australia. Key sections include sections 75, 87, 133, and 143. Section 75(1) mandates that certain actions, deemed to have a significant impact on the environment, require approval from the Minister. Section 87(2) outlines the assessment approach, which can include preliminary documentation. Section 133(1) permits the Minister to approve actions subject to conditions, as demonstrated in the Aldoga Solar Farm Project (EPBC Act s.133). Section 143(1) allows for the variation of conditions of approval, as seen in the Kemps Creek Warehouse, Logistics and Industrial Facilities Hub (EPBC Act s.143).
Under the EPBC Act, entities and parties must comply with the outlined procedures for approval and notification. They must submit necessary documentation and follow assessment approaches as specified. For instance, Forge Resources Swan Pty Ltd had to provide preliminary documentation for the Balla Balla Export Facilities – Design Variation (EPBC Act s.87). Additionally, entities must adhere to any conditions imposed upon approval, such as the conditions set for the Aldoga Solar Farm Project (EPBC Act s.133). Furthermore, any variation to the conditions of approval must be reported, as required by the Kemps Creek Warehouse, Logistics and Industrial Facilities Hub (EPBC Act s.143).
Failure to comply with the requirements of the EPBC Act may result in various consequences. The Act does not explicitly state penalties for missed notifications, but it does outline the department’s commitment to notifying the public even if the timeframe has lapsed. There are potential civil and criminal consequences for non-compliance with the Act’s provisions. Although specific penalties are not outlined in the text, general penalties under the EPBC Act can include fines and imprisonment. The maximum penalties can vary depending on the severity of the offence and are determined by the courts.