EPBC Act Part 7-9 decisions published, 08/04/2024 to 14/04/2024

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

Legislation au C2024G00250 In force Gazette

Select Document

DEPARTMENT OF CLIMATE CHANGE, ENERGY, THE ENVIRONMENT AND WATER

Environment Protection and Biodiversity Conservation Act 1999

EPBC Act Part 7-9 decisions published, 08/04/2024 to 14/04/2024

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
2023/09753	Major Projects Canberra / Transport - Land / Commonwealth Avenue, Acton, to Callam St, Phillip and Sandford St, Mitchell / Australian Capital Territory / Commonwealth Park to Woden Light Rail Project	National Heritage (sections 15B & 15C) Listed threatened species and communities (sections 18 & 18A) Commonwealth land (26 & 27A)	3/04/2024
2023/09717	Alecia Wright / Water Management and Use / Cape Hardy to Cowell, Whyalla, Woomera and Roxby Downs with a lateral to Carrapateena / South Australia / Northern Water Desalination and Pipeline Infrastructure Project, SA	Listed threatened species and communities (sections 18 & 18A) Listed migratory species (sections 20 & 20A) Commonwealth land (26 & 27A)	8/04/2024
2023/09707	WAGNER INVESTMENTS PTY. LTD. / Mining / Horan Road, Frazerview and Cunningham Highway, Kalbar / Queensland / Frazerview Quarry and associated activities	Listed threatened species and communities (sections 18 & 18A)	9/04/2024
2023/09728	Samuel Martinello / Transport - Land / 160 Union Road Somerton 3062; See Section 2.2.5 below for all addresses. / Victoria / Somerton Intermodal Terminal - Stage 1	Listed threatened species and communities (sections 18 & 18A)	9/04/2024

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

Reference	Title	Date
2023/09697	ENVIRONMENT, PLANNING AND SUSTAINABLE DEVELOPMENT DIRECTORATE - DEPARTMENTAL / Commercial Development / The Causeway, Kingston / Australian Capital Territory / East Lake Precinct Stage 1	9/04/2024

Assessment Approach (EPBC Act s.87)

Reference	Title	Assessment Approach	Date
2023/09753	Major Projects Canberra / Transport - Land / Commonwealth Avenue, Acton, to Callam St, Phillip and Sandford St, Mitchell / Australian Capital Territory / Commonwealth Park to Woden Light Rail Project	Environmental Impact Statement	3/04/2024
2023/09717	Alecia Wright / Water Management and Use / Cape Hardy to Cowell, Whyalla, Woomera and Roxby Downs with a lateral to Carrapateena / South Australia / Northern Water Desalination and Pipeline Infrastructure Project, SA	Accredited Assessment Process under the Planning, Development and Infrastructure Act 2016	8/04/2024
2023/09707	WAGNER INVESTMENTS PTY. LTD. / Mining / Horan Road, Frazerview and Cunningham Highway, Kalbar / Queensland / Frazerview Quarry and associated activities	Preliminary Documentation	9/04/2024
2023/09728	Samuel Martinello / Transport - Land / 160 Union Road Somerton 3062; See Section 2.2.5 below for all addresses. / Victoria / Somerton Intermodal Terminal - Stage 1	Preliminary Documentation	9/04/2024

DECISION ON APPROVAL (EPBC Act s.133)

Reference	Title	Approval Decision	Date
2022/9150	Rosedust Pty Ltd / Transport - Land / 300 Mt Ridley Rd, Mickleham / Victoria / Aitken Boulevard road construction	Approved with conditions	21/03/2024
2020/8647	Lower Murray Urban and Rural Water Corporation / Water Management and Use / Nyah-Vinifera Park, Vinifera, Victoria, 3594, Australia / Victoria / Vinifera Floodplain Restoration Project, Vic	Approved with conditions	28/03/2024
2020/8648	Lower Murray Urban and Rural Water Corporation / Water Management and Use / Nyah-Vinifera Park / Victoria / Nyah Floodplain Restoration Project	Approved with conditions	28/03/2024

OUTCOME OF REQUEST FOR RECONSIDERATION OF S75(1) DECISION (EPBC Act s.78C)

Reference	Title	Reconsideration Decision	Date
2022/09297	CITY OF COCKBURN / Tourism and Recreation / 9 Kent Street, Spearwood, 6163 / Western Australia / Beale Park Redevelopment	Controlled Action	4/12/2023

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

Reference	Title	Date
2021/9002	Townsville City Council / Water Management and Use / 461 Angus Smith Dr, Mount Stuart / Queensland / Townsville City Council Ross River Dam to Douglas Water Treatment Plant Pipeline Project	3/04/2023
2020/8755	CleanCo Queensland Limited / Energy Generation and Supply (renewable) / located approximately 40 km south-west of the township of Warwick / Queensland / Karara Wind Farm Project, QLD	5/03/2024
2013/6732	Gunnedah Shire Council / Water Management and Use / Gunnedah / New South Wales / Reconstruction of the Blackjack Creek Riparian Corridor/Channel	12/03/2024
2022/09386	Australia Pacific Airports (Melbourne) Pty Ltd / Transport - Air and Space / Gate 22 Operations Rd, Tullamarine VIC 3043 / Victoria / Runway 16-34 Overlay Project	22/03/2024
2020/8816	Sydney Water Corporation / Water Management and Use / The pipelines extend from Lansdowne to Warragamba. The AWRC site is between South and Kemps Creeks. / New South Wales / Upper South Creek Advanced Water Recycling Centre	2/04/2024
2022/09327	Department of Industry, Science and Resources (DISR) / Commonwealth / in the Timor Sea approximately 550 km west-northwest from Darwin / Commonwealth Marine / Northern Endeavour Phase 1 Decommissioning	5/04/2024

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

Reference	Title	Extended by	Date
2020/8715	Frasers Property Retail Holdings Pty Limited / Commercial Development / Multiple Lots / New South Wales / Eastern Creek Business Hub Stage 3	3/05/2024	28/03/2024
2021/9018	Elecseed Pty Ltd / Energy Generation and Supply (renewable) / Lot 4 DY457 / Queensland / Kumbarilla Renewable Energy Park, 40kms west Dalby	15/04/2024	5/04/2024
2021/9031	BM Alliance Coal Operations Pty Limited / Mining / Caval Ridge Mine, Moranbah / Queensland / Caval Ridge Mine Horse Pit Extension, Bowen Basin	11/10/2024	8/04/2024
2022/09397	Department of Health Qld / Science and Research / Bundaberg Ring Road, Thabeban / Queensland / New Bundaberg Hospital	10/05/2024	8/04/2024
2021/8983	Chalumbin Wind Farm Pty Ltd / Energy Generation and Supply (renewable) / Ravenshoe / Queensland / Wooroora Station Wind Farm (formerly Chalumbin Wind Farm), near Ravenshoe	25/06/2024	9/04/2024
2021/9066	Upper Burdekin Wind Farm Holdings Pty Ltd / Energy Generation and Supply (renewable) / Seaview Range, approximately 65 km south-west of Ingham / Queensland / Gawara Baya (formerly known as Upper Burdekin Wind Farm), 65 km south-west of Ingham, Queensland	27/05/2024	10/04/2024
2021/9018	Elecseed Pty Ltd / Energy Generation and Supply (renewable) / Lot 4 DY457 / Queensland / Kumbarilla Renewable Energy Park, 40kms west Dalby	19/04/2024	12/04/2024

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 to address the protection of the environment, particularly biodiversity and heritage, from the adverse effects of proposed activities under Commonwealth control. This legislation aims to balance environmental protection with economic development and social well-being. Enacted by the Australian Parliament, the EPBC Act provides a framework for the protection of matters of national environmental significance by regulating activities that may impact them. The policy objective is to ensure that development and resource use do not significantly harm the environment, while also promoting sustainable use of natural resources. The Act establishes a rigorous assessment process for projects that may affect protected matters, ensuring that potential environmental impacts are evaluated and managed effectively.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad spectrum of entities and activities within Australia, including corporations, individuals, and government bodies, that may impact matters of national environmental significance such as listed threatened species, national heritage places, and Commonwealth land. The Act's jurisdiction is both Commonwealth and national, extending to any actions that might affect protected species, communities, or places, regardless of where the action occurs. However, the Act does not apply to actions that are specifically excluded or exempted under its provisions, such as activities that fall under state or territory jurisdiction unless they have a significant impact on Commonwealth matters. The Act can also extend or restrict its application through subordinate instruments, which provide further detail on specific environmental considerations and the processes for approval or assessment. This ensures the Act's flexibility in addressing new environmental challenges while maintaining its core objectives of conservation and sustainable use of natural resources.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) regulates various actions to protect the environment, including actions requiring approval (s.75) and actions not requiring approval (s.75). For actions determined as requiring approval, such as the Commonwealth Park to Woden Light Rail Project (reference 2023/09753), the Act requires detailed environmental assessments and approvals from the relevant authorities. These assessments consider impacts on national heritage sites, listed threatened species and communities, and Commonwealth land, as outlined in sections 15B, 15C, 18, 18A, 26, and 27A. The obligations on the parties include preparing comprehensive Environmental Impact Statements or using accredited assessment processes to evaluate the potential environmental effects of their projects. For instance, Alecia Wright’s Northern Water Desalination and Pipeline Infrastructure Project (reference 2023/09717) involves an accredited assessment process under the Planning, Development and Infrastructure Act 2016. The Act also imposes specific obligations on entities to comply with the conditions attached to any approvals granted. For example, the Aitken Boulevard road construction project by Rosedust Pty Ltd (reference 2022/9150) was approved with conditions that must be adhered to during project execution. Failure to comply with these conditions can result in enforcement actions, including revocation of approval or other regulatory measures. Additionally, the Act provides for the reconsideration of decisions (s.78C) and the variation of conditions of approval (s.143), which allows for adjustments to be made based on new information or changed circumstances. For instance, the Beale Park Redevelopment project by the City of Cockburn (reference 2022/09297) was subject to a reconsideration decision. Breaches of the Act can lead to both civil and criminal consequences. Under the EPBC Act, offences can attract penalties, with the maximum penalties varying depending on the severity and intent of the breach. Civil penalties can include substantial fines, and in some cases, criminal penalties may apply, leading to imprisonment. The Act ensures that any breach is rigorously enforced to maintain environmental standards and compliance. The Department of Climate Change, Energy, the Environment and Water also notes that while there may be occasional delays in notifications, these do not affect the subsequent processing of referrals or the decisions made.

Area of Law: Environmental Law
Instrument: Gazette Notice
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Enforcement Powers

Interactions

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.

Legislation content

Overview

Scope and Application

Key Provisions

Legal classification tags

Interactions

Authorises

All Versions