DEPARTMENT OF CLIMATE CHANGE, ENERGY, THE ENVIRONMENT AND WATER
Environment Protection and Biodiversity Conservation Act 1999
EPBC Act Part 7-9 decisions published, 09/05/2022 to 15/05/2022
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 |
2021/9017 | Australian Hualong Pty Ltd / Mining / 9 km northeast of Trial Harbour / Tasmania / Tenth Legion Mine Western Tasmania | Listed threatened species and communities (sections 18 & 18A) | 9/05/2022 |
actions determined as NOT requiring approval (EPBC Act s.75)
Reference | Title | Date |
2021/9110* | Department of Infrastructure, Transport, Regional Development and Communications / Transport - Water / Cascade Pier / Commonwealth Marine / Interim Landing at Cascade Bay, Norfolk Island | 6/05/2022 |
* 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/
Assessment Approach (EPBC Act s.87)
Reference | Title | Assessment Approach | Date |
2021/9017 | Australian Hualong Pty Ltd / Mining / 9 km northeast of Trial Harbour / Tasmania / Tenth Legion Mine Western Tasmania | Preliminary Documentation | 9/05/2022 |
variation of conditions of approval (EPBC Act s.143)
Reference | Title | Date |
2010/5736 | ADANI MINING PTY LTD / Mining / Moray Downs Cattle Station 160km North West of Clermont / Queensland / Carmichael Coal Mine and Rail Project | 19/04/2022 |
2013/7028 | HY-TEC INDUSTRIES PTY LIMITED / Mining / Putty Road, north of Windsor / New South Wales / Expansion of existing sand quarry operation, north of Windsor, NSW | 22/04/2022 |
2017/8049 | DEPARTMENT OF JUSTICE AND REGULATION / Residential Development / 5 lots – 4 freehold and 1 unreserved Crown land / Victoria / Youth Justice Redevelopment Project, Cherry Creek, 10 kms south west of Werribee, VIC. | 29/04/2022 |
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 introduced by the Australian Parliament to address the need for a unified approach to the protection of the environment, particularly in regard to matters of national environmental significance. The Act aims to protect and manage natural and cultural places, ecological communities and heritage, and to provide for the conservation of biodiversity. The EPBC Act sets out a framework for the assessment and approval of actions that may have significant environmental impacts, and provides for the protection of threatened species and ecological communities. The Act also establishes the Department of Climate Change, Energy, the Environment and Water as the responsible authority for its implementation, with a policy objective to ensure that development and other activities do not have an adverse impact on the environment.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of actions, including those by individuals, companies, government agencies, and other entities, that may have significant impacts on matters of national environmental significance, such as listed threatened species and communities. This federal Act has jurisdiction across Australia, including the Commonwealth, states, and territories, and governs actions proposed to be undertaken within Australia or its territorial sea. The Act can extend its application through subordinate instruments, such as regulations or codes of practice, which may provide further detail on specific matters. Notably, certain actions are excluded from the Act’s purview, including those undertaken in a particular manner as specified by the Act or through prescribed legislative instruments. Additionally, some actions may be exempt from the need for approval under the Act if they meet certain criteria, such as being minor in nature or having already been assessed and approved under another jurisdiction. The Act’s provisions can be further refined through the publication of decisions and assessments in the Gazette, which helps to ensure transparency and accountability in the environmental approval process.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a comprehensive piece of legislation designed to protect the environment and biodiversity in Australia. Sections 75 and 87 of the Act provide for the determination of controlled actions, including whether they require approval, and outline the assessment approach. For instance, section 75 was applied in the case of Australian Hualong Pty Ltd's mining proposal in Tasmania (reference 2021/9017), which was determined to require approval due to its potential impact on listed threatened species and communities (sections 18 and 18A). This case was subject to preliminary documentation as part of the assessment approach specified in section 87.
Entities and individuals subject to the EPBC Act must adhere to a number of obligations and requirements. For example, mining companies like Australian Hualong Pty Ltd must ensure that their proposed activities do not negatively impact listed threatened species and communities. This involves thorough documentation and consultation processes to assess potential environmental impacts. Furthermore, entities must comply with any conditions set by the Department of Climate Change, Energy, the Environment and Water as part of the approval process.
Breaches of the EPBC Act can lead to serious consequences, both civil and criminal. For instance, if an entity fails to comply with the provisions of the Act, they may be subject to penalties. The maximum penalties for contravening the Act can include substantial fines and, in severe cases, imprisonment. These provisions are in place to ensure that environmental protection and biodiversity conservation are upheld, and to deter non-compliance. For example, the Carmichael Coal Mine and Rail Project (reference 2010/5736) involved a variation of conditions of approval under section 143, indicating that adjustments to approved actions must be managed within the legal framework to avoid penalties.
The EPBC Act also includes mechanisms to address potential oversights in notification processes. The Department of Climate Change, Energy, the Environment and Water has implemented quality assurance procedures to minimise the risk of missing public notifications. Although the Act acknowledges that missed notifications may occur, it states that such notifications will still be issued to ensure transparency and public access to information. This demonstrates a commitment to maintaining the integrity of the environmental approval process, even when administrative errors occur.