EPBC Act Part 7-9 decisions published, 05/08/2024 to 11/08/2024

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au C2024G00484 In force Gazette

Legislation content

 

DEPARTMENT OF CLIMATE CHANGE, ENERGY, THE ENVIRONMENT AND WATER

Environment Protection and Biodiversity Conservation Act 1999

 

EPBC Act Part 7-9 decisions published, 05/08/2024 to 11/08/2024

 

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

2024/09855

Michelle O'Hare / Energy Generation and Supply (non-renewable) / 350 Boulder Rd, Blackmans Flat / New South Wales / Mount Piper to Wallerawang Transmission Line Upgrade Project

  • Listed threatened species and communities (sections 18 & 18A)

2/08/2024

2024/09868

EQUIS WIND (AUSTRALIA) PROJECTS (LHWF2) PTY LTD / Energy Generation and Supply (renewable) / Soldiers Settlement Road, George Town / Tasmania / Bell Bay Wind Farm

  • Listed threatened species and communities (sections 18 & 18A)
  • Listed migratory species (sections 20 & 20A)

5/08/2024

2024/09886

Stuart McNair / Transport - Land / The address of the proposed action is a linear corridor approximately 2 to 2.5 km east of the centre of the Tiaro township. / Queensland / Bruce Highway (Gympie – Maryborough), Tiaro Bypass, construct four lane bypass

  • Listed threatened species and communities (sections 18 & 18A)

5/08/2024

2024/09893

Queensland Bulk Water Supply Authority (trading as Seqwater) / Water Management and Use / 2323 Esk Kilcoy Road, Somerset Dam / Queensland / Somerset Dam Improvement Project

  • Listed threatened species and communities (sections 18 & 18A)

5/08/2024

2024/09878

ONESTEEL MANUFACTURING PTY LIMITED / Mining / Lincoln Highway, Middleback Range / South Australia / Magnetite Expansion Project Stage 2 / SIMEC Mining

  • Listed threatened species and communities (sections 18 & 18A)

6/08/2024

2024/09892

James Birkmanis / Energy Generation and Supply (renewable) / 58 Hughes Road, Wurdong / Queensland / Hughes Road Battery Energy Storage System

  • World Heritage (sections 12 & 15A)
  • National Heritage (sections 15B & 15C)
  • Listed threatened species and communities (sections 18 & 18A)

6/08/2024

2024/09895

Shaun Flood / Natural Resources Management / 8km north-east of Leeton / New South Wales / Tuckerbil Wetland Hydrological Improvement Works

  • Wetlands of international importance

(sections 16 & 17B)

  • Listed threatened species and communities (sections 18 & 18A)
  • Listed migratory species (sections 20 & 20A)

7/08/2024

 

actions determined as NOT requiring approval (EPBC Act s.75)

Reference

Title

Date

2024/09891

BAYWA R.E. PROJECTS AUSTRALIA PTY LTD / Energy Generation and Supply (renewable) / Henty Highway, Jung / Victoria / Wimmera Plains Energy Facility

2/08/2024

2024/09822

TASMANIAN WATER & SEWERAGE CORPORATION PTY LTD / Waste Management (sewerage) / Wastewater pipeline from 20 Hunter St Macquarie Point to 10 Selfs Point Rd New Town. / Tasmania / Macquarie Point Sewage Pump Station and Rising Main

8/08/2024

 


Assessment Approach (EPBC Act s.87)

Reference

Title

Assessment Approach

Date

2024/09868

EQUIS WIND (AUSTRALIA) PROJECTS (LHWF2) PTY LTD / Energy Generation and Supply (renewable) / Soldiers Settlement Road, George Town / Tasmania / Bell Bay Wind Farm

Environmental Impact Statement

5/08/2024

2024/09886

Stuart McNair / Transport - Land / The address of the proposed action is a linear corridor approximately 2 to 2.5 km east of the centre of the Tiaro township. / Queensland / Bruce Highway (Gympie – Maryborough), Tiaro Bypass, construct four lane bypass

Preliminary Documentation

5/08/2024

2024/09893

Queensland Bulk Water Supply Authority (trading as Seqwater) / Water Management and Use / 2323 Esk Kilcoy Road, Somerset Dam / Queensland / Somerset Dam Improvement Project

Preliminary Documentation

5/08/2024

2024/09878

ONESTEEL MANUFACTURING PTY LIMITED / Mining / Lincoln Highway, Middleback Range / South Australia / Magnetite Expansion Project Stage 2 / SIMEC Mining

Preliminary Documentation

6/08/2024

2024/09892

James Birkmanis / Energy Generation and Supply (renewable) / 58 Hughes Road, Wurdong / Queensland / Hughes Road Battery Energy Storage System

Preliminary Documentation

6/08/2024

2024/09895

Shaun Flood / Natural Resources Management / 8km north-east of Leeton / New South Wales / Tuckerbil Wetland Hydrological Improvement Works

Preliminary Documentation

7/08/2024

 

DECISION ON APPROVAL (EPBC Act s.133)

Reference

Title

Approval Decision

Date

2021/9056

Image Resources NL / Mining / Munbinea Road, Nambung / Western Australia / Atlas Mineral Sands Project

Approved with conditions

2/08/2024

2022/09353

Energy Corporation Of New South Wales / Energy Generation and Supply (non-renewable) / Merotherie Road, Merotherie / New South Wales / Central-West Orana Renewable Energy Zone Transmission Project

Approved with conditions

8/08/2024

 

variation of conditions of approval (EPBC Act s.143)

Reference

Title

Date

2017/7923

The Trustee for ARD No.7 Discretionary Trust / Residential Development / Lot 11 and 74 Beenyup Road, Banjup / Western Australia / Residential Development on Lot 11 and 74 Beenyup Road, Banjup, WA

6/08/2024

2017/8112

NW INTERCONNECTED POWER PTY LTD / Energy Generation and Supply (renewable) / UCL, Section 91 License LIC 00811/2015_A5683256 / Western Australia / Asian Renewable Energy Hub, 220 km east of Port Hedland, Western Australia

6/08/2024

2020/8867

Lotus Creek Wind Farm Pty Ltd / Energy Generation and Supply (renewable) / Croydon, Marlborough Sarina Rd, Lotus Creek / Queensland / Lotus Creek Wind Farm

8/08/2024

 

NOTICE OF EXTENSION OF TIME (EPBC Act s.130(4))

Reference

Title

Extended to

Date

2021/9045

Ransberg Pty Ltd / Mining / Lot 901 South Western Highway, Whitby / Western Australia / Byford Whitby Quarry, portion of Mining Lease M701240

5/09/2024

6/08/2024

 

lapsed proposals (EPBC Act s.155)

Reference

Title

Date

2019/8445

LANDMARK PROJECTS PTY. LTD. / Tourism and Recreation / Lot 4 on RP743792 / Queensland / Resort and Equestrian Centre, Bluewater, Qld

1/08/2024

2011/6218

Capital Airport Group / Transport - Air and Space / Canberra Airport, Majura Valley / Australian Capital Territory / Malcolmvale West Detention Basin

5/08/2024

 

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 Parliament of Australia to provide for the protection of the environment, particularly matters of national environmental significance. The EPBC Act aims to safeguard Australia's unique biodiversity and natural heritage, including listed threatened species and communities, migratory species, World Heritage properties, and wetlands of international importance, amongst others. This legislation establishes a framework for the assessment and approval of actions that may have a significant impact on the environment. The Act provides mechanisms for the referral, assessment, and approval of proposed actions that may affect matters of national environmental significance. Recent notifications under the EPBC Act include decisions on projects such as the Mount Piper to Wallerawang Transmission Line Upgrade in New South Wales and the Bell Bay Wind Farm in Tasmania, highlighting the ongoing need for stringent environmental protections and assessments in various sectors including energy, transport, and water management. The Department of Climate Change, Energy, the Environment and Water ensures that all notifications are processed within the required timeframes, with systems in place to address any missed notifications to maintain transparency and public trust.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of persons, entities, industries, and actions that may impact matters of national environmental significance, including listed threatened species and communities, listed migratory species, World Heritage properties, National Heritage properties, and wetlands of international importance. The EPBC Act has a national jurisdictional reach, regulating actions across all states and territories of Australia, including the Australian Capital Territory and the Commonwealth. The Act applies to both individuals and corporate entities, encompassing a diverse array of industries such as energy generation and supply, mining, water management, transport, and natural resources management. The EPBC Act requires certain actions to obtain approval, while others may proceed without approval or undergo different assessment approaches, as outlined in the gazetted decisions. Certain exclusions, exemptions, or thresholds may apply, and the application of the Act can be extended or restricted through subordinate instruments. The Department of Climate Change, Energy, the Environment and Water administers the EPBC Act, and while the department has implemented systems to ensure timely notifications, occasional missed notifications may occur, though any late notifications are rectified to maintain public transparency.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs various environmental protections, including the assessment and approval of activities that may impact listed threatened species, communities, migratory species, World Heritage properties, National Heritage places, and wetlands of international importance. Sections 18 and 18A pertain to listed threatened species and communities, while sections 20 and 20A cover listed migratory species. Section 12 and 15A deal with World Heritage properties, sections 15B and 15C with National Heritage places, and sections 16 and 17B with wetlands of international importance. The Act requires that certain actions be assessed and may need approval before they can proceed, as outlined in sections 75 and 133. Under the EPBC Act, parties or entities proposing actions that may impact the aforementioned environmental aspects must submit relevant documentation and undergo assessment processes. For instance, an Environmental Impact Statement (EIS) or preliminary documentation is often required, as seen in the cases of the Bell Bay Wind Farm (reference 2024/09868) and the Tiaro Bypass (reference 2024/09886). The Act mandates that these assessments be conducted thoroughly to determine whether the proposed action will adversely affect protected environmental elements. If an action is found to require approval, it must be granted by the relevant authorities with conditions that ensure minimal environmental harm. The EPBC Act imposes strict penalties for non-compliance. Offences under the Act can lead to both civil and criminal consequences. For example, knowingly or recklessly providing false or misleading information in documentation can result in fines up to $66,000 for individuals and $330,000 for corporations, as outlined in section 528. Additionally, failure to comply with conditions attached to an approval can lead to further penalties, including potential fines and imprisonment. The severity of the penalties reflects the Act's intent to enforce rigorous environmental protections and ensure compliance with established regulations.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.