EPBC Act Part 7-9 decisions published, 07/06/2021 to 13/06/2021
DEPARTMENT OF AGRICULTURE, WATER AND THE ENVIRONMENT
Environment Protection and Biodiversity Conservation Act 1999
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 NOT requiring approval (EPBC Act s.75)
Reference | Title | Date |
2021/8932* | Department of the Chief Minister and Cabinet / Energy Generation and Supply (renewable) / , Jabiru township, Kakadu, 250km south-east of Darwin / Northern Territory / Jabiru Hybrid Power Station Project, NT | 8/06/2021 |
2021/8943 | Department of Transport / Transport - Land / VicTrack Rail Reserve, McGregor Road, Main Street and Racecourse Road Level crossing, Pakenham / Victoria / Pakenham Level Crossing Removal Project | 9/06/2021 |
2021/8919 | South Australian Water Corporation / Water Management and Use / , Playford Highway; Arronmore Rd; How Bay Rd, and Charing Cross Rd / South Australia / KI Water Pipeline Project, SA | 10/06/2021 |
* Actions which are not controlled actions provided they are undertaken in a particular manner. Further information on provision and manner specified is available from http://epbcnotices.environment.gov.au/referralslist/
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2018/8286 | Transport for NSW / Transport - Land / M7 Motorway, Cecil Hills / Luddenham, NSW, 2171 / New South Wales / M12 Motorway Project, Luddenham, NSW | Approved with conditions | 3/06/2021 |
2020/8687 | Sydney Metro / Transport - Land / South Western Sydney / New South Wales / Sydney Metro, Western Sydney Airport - St Marys to Elizabeth Drive | Approved with conditions | 3/06/2021 |
2019/8530 | HOLCIM (AUSTRALIA) PTY LTD / Mining / 75 Potters Road, Ondit, VIC, 3249 / Victoria / Holcim Colac Quarry Expansion- Stage 5 and Stage 6 | Approved with conditions | 9/06/2021 |
variation of conditions of approval (EPBC Act s.143)
Reference | Title | Date |
2010/5642 | RTA WEIPA PTY LTD / Mining / south of the Embley River, western Cape York Peninsula / Queensland / South of the Embley Bauxite Mining Project | 9/06/2021 |
NOTICE OF EXTENSION OF TIME (EPBC Act s.130(4))
Reference | Title | Extended to | Date |
2020/8702 | Wollongong Coal Limited / Mining / 7 Princes Hwy, Corrimal / New South Wales / Russell Vale Colliery Revised Underground Expansion Project | 8/07/2021 | 9/06/2021 |
2019/8425 | AGL ENERGY LIMITED / Energy Generation and Supply (non-renewable) / Lots 2 and 3 DP 1043561, Lot 4 DP 1043561, Lots 1203 and 1202 DP 1229590 and Lot 202 DP 1173564 / New South Wales / Newcastle Power Station Project, Tomago, NSW | 19/07/2021 | 11/06/2021 |
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 (the "EPBC Act") was enacted to provide for the protection of the environment, particularly matters of national environmental significance. The EPBC Act is administered by the Australian Government's Department of Agriculture, Water and the Environment, and it aims to ensure that potential environmental impacts of actions are assessed and managed effectively. The EPBC Act establishes a framework for the protection of the environment, including matters of national environmental significance, through the assessment and approval of certain activities that may have significant environmental impacts. This involves the regulation of activities that are deemed to be "controlled actions" under the Act, which require approval from the Minister for the Environment before they can proceed. The EPBC Act also provides for the making of public notifications and the establishment of referral processes to ensure that relevant stakeholders are informed about proposed activities and have an opportunity to provide input into the decision-making process.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of activities and entities that may impact on matters of national environmental significance. The Act provides a framework for the protection of the environment by regulating actions that have, will have, or are likely to have a significant impact on the environment, including World Heritage properties, nationally endangered species and communities, wetlands of international significance, and other areas of significant ecological value. The Act applies to both Commonwealth and non-Commonwealth activities, including actions taken by individuals, companies, and government agencies, both within Australia and its territories, and overseas actions that have a significant impact on matters of national environmental significance within Australia. The Act includes provisions for the assessment and approval of actions that may impact on the environment, including the ability to grant approval subject to conditions, refuse approval, or require the undertaking of an environmental impact assessment. The Act also provides for the establishment of threatened species and ecological communities lists, and for the regulation of trade in endangered species. Certain activities are excluded from the scope of the Act, including activities on Aboriginal land, certain activities related to national security, and activities undertaken by the Commonwealth or a State or Territory government in the course of their official duties. The application and operation of the Act may be extended or restricted through the making of subordinate instruments, such as regulations or guidelines.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) outlines the legislative framework for the protection of the environment, particularly in relation to significant impacts of proposed actions. Section 75 of the EPBC Act specifies that certain actions are not controlled actions if undertaken in a particular manner, and further details regarding these provisions can be accessed via the EPBC referrals list. Section 133 pertains to decisions on approvals, which may include conditions to mitigate any adverse environmental impacts. For instance, the approval for the M12 Motorway Project in New South Wales (EPBC Act s.133, reference 2018/8286) was granted with specific conditions to manage environmental effects.
The Act imposes several obligations on entities or parties involved in projects that may impact the environment. These include the requirement to submit detailed referral documentation to the Department of Agriculture, Water and the Environment for assessment (EPBC Act s.41). Projects such as the Holcim Colac Quarry Expansion- Stage 5 and Stage 6 in Victoria (reference 2019/8530) must adhere to these submission requirements, ensuring that all potential environmental impacts are thoroughly evaluated. Furthermore, entities must comply with any conditions attached to an approval decision to legally proceed with their actions.
Breaching the requirements of the EPBC Act can result in both civil and criminal consequences. For example, failing to comply with an approval condition (EPBC Act s.143) may lead to enforcement actions, including fines and potential legal proceedings. The maximum penalties for such breaches can be substantial, reflecting the seriousness of non-compliance with environmental protection laws. Additionally, if a referral or notification is missed, even though the Department of Agriculture, Water and the Environment has systems in place to minimize such occurrences, late notifications are still required to be made public, although they do not affect the processing of the referral or the decision made.