DEPARTMENT OF CLIMATE CHANGE, ENERGY, THE ENVIRONMENT AND WATER
Environment Protection and Biodiversity Conservation Act 1999
EPBC Act Part 7-9 decisions published, 08/12/2025 to 14/12/2025
For further information see the referrals list at https://epbcpublicportal.environment.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 |
2025/10353 | Maizewood Pty Ltd / Energy Generation and Supply (renewable) / Property address is Campbell Street, Aberdeen NSW 2236 / New South Wales / Upper Hunter Battery Energy Storage System (BESS) | - Listed threatened species and communities (sections 18 & 18A)
| 8/12/2025 |
actions determined as NOT requiring approval (EPBC Act s.75)
Reference | Title | Date |
2025/10334 | City of Mandurah / Transport - Land / Lot 100 Quail Road and Reserve 11710 (Lot 123), Bouvard, and Public Road ID 3190810 / Western Australia / Road Extension, Bouvard | 4/12/2025 |
2025/10318 | Paterson Battery Pty Ltd / Energy Generation and Supply (renewable) / Lot 9000 and Lot 13 Paterson Road, Ravenswood, WA 6208 / Western Australia / Paterson Battery Energy Storage System (BESS) | 11/12/2025 |
2025/10324 | SB Gold Coast Studios Pty Ltd / Commercial Development / 396 Stanmore Road, Yatala. Lot 1 SP349468, including easement parcel BSP170649. A small portion of Lot 901 SP349468 Central co-ordinates: -27.76918 / Queensland / Shadowbox Studios Sound Stage & Screen Production Facility | 12/12/2025 |
NOTICE OF EXTENSION OF TIME (EPBC Act s.130(4))
Reference | Title | Extended to | Date |
2025/10163 | Pilbara Energy (Generation) Pty Ltd / Energy Generation and Supply (renewable) / 1.7 km east/southeast from great northern highway 91 km south of Port Hedland, 6 km east/southeast of Wodgina mine / Western Australia / Turner River Solar Hub | 18/12/2025 | 3/12/2025 |
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 significant environmental issues by providing a framework for the protection of the environment, particularly in relation to actions that may impact matters of national environmental significance. The EPBC Act aims to ensure that environmental considerations are integrated into decision-making processes at both federal and state levels, thereby fostering sustainable development. The Act identifies the Commonwealth Government as the primary entity responsible for protecting environmental values that transcend state boundaries, such as listed threatened species and ecological communities, world heritage properties, and wetlands of international importance. The policy objective of the EPBC Act is to promote the conservation of biodiversity and the sustainable use of natural resources, thereby contributing to the long-term health and productivity of the environment.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of persons, entities, and activities that may impact matters of national environmental significance, including listed threatened species and communities. This Act governs projects and actions across Australia, whether they occur in Commonwealth, state, or territory jurisdictions, and it extends its reach to both private and public sector entities. The Act’s application is comprehensive, covering actions that might affect matters such as migratory species, world heritage properties, wetlands of international significance, and the marine environment. However, certain activities may be excluded or exempt based on specific criteria, thresholds, or subordinate instruments that provide further detail on the application of the Act. The Act also allows for the extension or restriction of its application through regulations and other subordinate instruments, ensuring flexibility in its implementation. Despite the rigorous measures in place, the Department of Climate Change, Energy, the Environment and Water acknowledges that there may occasionally be missed notifications in the processing of referrals for approval, although these are addressed through established quality assurance procedures and late notifications to maintain transparency and public access to information.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides the framework for the protection of the environment, particularly in relation to matters of national environmental significance. Sections 75 and 130(4) of the Act are key provisions that govern the approval processes and timelines for certain actions. Section 75 of the Act specifies the actions that require approval, while Section 130(4) allows for the extension of time in certain circumstances. For instance, the Upper Hunter Battery Energy Storage System (BESS) by Maizewood Pty Ltd in New South Wales, which involves listed threatened species and communities, has been determined to require approval (EPBC Act s.75, Reference 2025/10353). On the other hand, the road extension project by the City of Mandurah in Western Australia does not require approval (EPBC Act s.75, Reference 2025/10334).
The Act imposes several obligations on the parties involved in the actions that require approval. These include the requirement to provide detailed information about the proposed action, its potential environmental impacts, and the measures to mitigate those impacts. For example, Maizewood Pty Ltd must ensure that their BESS project does not adversely affect listed threatened species and communities, as outlined in sections 18 and 18A of the Act. Similarly, Paterson Battery Pty Ltd must comply with the Act's requirements for their renewable energy project in Western Australia (Reference 2025/10318).
Breaching the provisions of the EPBC Act can lead to various civil and criminal consequences. The Act includes penalties for non-compliance, including fines and imprisonment. For example, individuals or entities found to have contravened the Act's requirements may face fines of up to $1.1 million for corporations and $220,000 for individuals, along with potential imprisonment for up to five years (EPBC Act s.534). The Act also allows for the recovery of costs incurred by the Commonwealth in taking enforcement action. These penalties serve as a deterrent against non-compliance and ensure that the Act's environmental protections are upheld.