DEPARTMENT OF CLIMATE CHANGE, ENERGY, THE ENVIRONMENT AND WATER
Environment Protection and Biodiversity Conservation Act 1999
EPBC Act Part 7-9 decisions published, 08/01/2024 to 14/01/2024
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 |
2023/09597 | WATER CORPORATION / Water Management and Use / Corner of Cape Leveque Road and Broome Road, Western Australia / Western Australia / Broome Water Supply Borefield Bushfire Mitigation Program | - Listed threatened species and communities (sections 18 & 18A)
| 20/12/2023 |
2023/09688 | Damon Scott / Agriculture and Forestry / 3847 The Summerland Way, Banyabba / New South Wales / Establishment of native citrus orchard | - Listed threatened species and communities (sections 18 & 18A)
| 8/01/2024 |
actions determined as NOT requiring approval (EPBC Act s.75)
Reference | Title | Date |
2023/09674 | SKIRON OPCO PTY LIMITED / Telecommunications / Commonwealth waters off Northern Australia / Commonwealth Marine / Project Fitzroy Expansion Offshore Cable Lay | 10/01/2024 |
Assessment Approach (EPBC Act s.87)
Reference | Title | Assessment Approach | Date |
2023/09597 | WATER CORPORATION / Water Management and Use / Corner of Cape Leveque Road and Broome Road, Western Australia / Western Australia / Broome Water Supply Borefield Bushfire Mitigation Program | Preliminary Documentation | 20/12/2023 |
2023/09688 | Damon Scott / Agriculture and Forestry / 3847 The Summerland Way, Banyabba / New South Wales / Establishment of native citrus orchard | Preliminary Documentation | 8/01/2024 |
NOTICE OF EXTENSION OF TIME (EPBC Act s.130(4))
Reference | Title | Extended to | Date |
2021/9018 | Elecseed Pty Ltd / Energy Generation and Supply (renewable) / Lot 4 DY457 / Queensland / Kumbarilla Renewable Energy Park, 40kms west Dalby | 1/02/2024 | 7/12/2023 |
2022/09343 | BARWON REGION WATER CORPORATION / Water Management and Use / Colac-Olangolah Pipeline Trak and Pipeline Road, Barongarook and Kawarren / Victoria / Colac Pipeline Upgrade – Sections 19, 20, 21, 23 & 25i | 17/01/2024 | 8/01/2024 |
2020/8632 | Lower Murray Urban and Rural Water Corporation / Water Management and Use / Kulkyne Way, Red Cliffs / Victoria / Hattah Lakes North Floodplain Restoration Project | 9/02/2024 | 10/01/2024 |
2020/8744 | Lower Murray Urban and Rural Water Corporation / Water Management and Use / The project is located on the Belsar-Yungera floodplain complex, near Robinvale / Victoria / Belsar-Yungera Floodplain Restoration Project, VIC | 9/02/2024 | 10/01/2024 |
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 Australian Parliament to address the need for a cohesive framework to protect the environment, particularly with respect to biodiversity and significant environmental impacts. The Act provides a comprehensive mechanism for the assessment and approval of actions that may impact the environment, particularly those that are likely to have a significant effect on matters of national environmental significance, such as endangered species, ecosystems, and heritage sites. The EPBC Act aims to ensure that environmental considerations are integrated into decision-making processes across various sectors and activities. The Act also establishes a referral system for actions that require federal approval, ensuring that relevant stakeholders and the public have opportunities to provide input and comment on proposed developments. The Department of Climate Change, Energy, the Environment and Water is responsible for administering the EPBC Act, including the processing of referrals and the publication of decisions to ensure transparency and accountability in environmental decision-making.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to any action, whether by an individual or an entity, that has, will have, or is likely to have a significant impact on matters of national environmental significance. These matters include, but are not limited to, listed threatened species and ecological communities, heritage places, water resources, and the atmosphere. The Act operates across Australia, covering both Commonwealth and state lands, as well as the territorial seas. However, state and territory governments retain significant responsibilities for environmental management and protection, and the EPBC Act complements rather than replaces these responsibilities. Certain activities may be exempt from the provisions of the EPBC Act, such as activities that have been assessed and approved under other environmental laws. The Act's application can also be extended or restricted through the issuance of subordinate instruments, such as regulations and codes of practice, which provide further detail on how the Act should be implemented and enforced. These instruments help to clarify the scope and application of the Act, ensuring that it meets its objectives effectively and efficiently.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) outlines the procedures for environmental protection and biodiversity conservation. Section 75 of the Act requires that certain actions be approved if they are likely to have a significant impact on matters of national environmental significance. These actions include activities such as water management and use, agriculture and forestry, and energy generation. For example, the Broome Water Supply Borefield Bushfire Mitigation Program (reference 2023/09597) and the establishment of a native citrus orchard (reference 2023/09688) are subject to approval under this section if they are likely to impact listed threatened species and communities, as outlined in sections 18 and 18A.
The Act imposes specific obligations on the entities involved in these activities. They must submit detailed proposals and documentation to the Department of Climate Change, Energy, the Environment and Water. This includes preliminary documentation that outlines the potential environmental impacts of the proposed actions. For instance, the Broome Water Supply Borefield Bushfire Mitigation Program and the native citrus orchard establishment both required preliminary documentation to be submitted. The Department then assesses these proposals to determine whether the actions are likely to have a significant impact and whether approval is necessary.
Failure to comply with the requirements of the EPBC Act can lead to legal consequences. The Act includes provisions for offences and penalties for breaches. For example, if an entity carries out an action that requires approval without obtaining it, they may be subject to civil or criminal penalties. The exact penalties are not specified in the provided text, but the Department of Climate Change, Energy, the Environment and Water is committed to ensuring that all notifications are made in a timely manner and that any missed notifications are subsequently communicated to the public. The Act also includes provisions for extensions of time for decision-making, as seen in references 2021/9018, 2022/09343, 2020/8632, and 2020/8744, to accommodate complex assessments.
In summary, the EPBC Act mandates that certain actions be approved if they are likely to impact the environment significantly. Entities must submit detailed proposals and documentation, and failure to comply with the Act can lead to civil or criminal penalties. The Department of Climate Change, Energy, the Environment and Water has implemented quality assurance procedures to minimise missed notifications and ensure that all decisions are made in a timely and transparent manner.