DEPARTMENT OF CLIMATE CHANGE, ENERGY, THE ENVIRONMENT AND WATER
Environment Protection and Biodiversity Conservation Act 1999
EPBC Act Part 7-9 decisions published, 11/07/2022 to 17/07/2022
For further information see the referrals list at https://ebpcpublicportal.awe.gov.au/all-referrals/
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 |
2022/09236 | The Trustee for Pelligra Constructions Family Trust / Commercial Development / 31 Fuller Road, Ravenhall / Victoria / Industrial Subdivision Project | 8/07/2022 |
2022/09201 | Federal Golf Club / Residential Development / Gowrie Drive, Red Hill, ACT 2603 / Australian Capital Territory / Federal Golf Club Retirement Village and Water Infrastructure | 12/07/2022 |
Assessment Approach (EPBC Act s.87)
Reference | Title | Assessment Approach | Date |
2018/8364 | CO-OPERATIVE BULK HANDLING LIMITED / Agriculture and Forestry / Lots 102 (DP 031366), 208 (DP193928), UCL (identified by PIN 643570), road reserve, rail reserve / Western Australia / Newdegate Grain Receival Site Expansion, Newdegate, WA | Accredited Assessment Process under the Environmental Protection Act 1986 (WA) | 2/06/2022 |
variation of conditions of approval (EPBC Act s.143)
Reference | Title | Date |
2017/7909 | TRANSPORT FOR NSW / Transport - Land / between Yallah and Oak Flats / New South Wales / Albion Park Rail Bypass, NSW | 5/07/2022 |
NOTICE OF EXTENSION OF TIME (EPBC Act s.130(4))
Reference | Title | Extended to | Date |
2021/8959 | Goyder Wind Farm Common Asset Pty Ltd / Energy Generation and Supply (renewable) / Worlds End Highway, Worlds End / South Australia / Goyder South Hybrid Renewable Energy Facility - OTL and Substation, Worlds End | 8/08/2022 | 11/07/2022 |
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 enacted to address the need for a comprehensive and integrated approach to the protection of the environment, particularly focusing on matters of national environmental significance. The EPBC Act was introduced by the Parliament of Australia to provide a framework that complements state and territory laws and policies, aiming to protect and manage environmental assets of national importance. One of the key policy objectives of the Act is to ensure that development projects that may have a significant impact on the environment are assessed and managed appropriately. The Department of Climate Change, Energy, the Environment and Water is responsible for administering the EPBC Act and ensuring compliance with its provisions. Despite the implementation of systems and quality assurance procedures, there are instances where notifications under the Act may be missed or not meet the required timeframes. The Department acknowledges these shortcomings and commits to notifying the public of any missed notifications to maintain transparency and public trust in the environmental assessment process.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to actions that may significantly impact matters of national environmental significance, including activities that involve actions listed as key threatening processes, endangered species and ecological communities, heritage places, nuclear actions, and World Heritage properties. The Act applies to all persons and entities, irrespective of their location within Australia or the nature of their activities, provided the actions have, or are likely to have, a significant impact on one or more matters of national environmental significance. The EPBC Act has a national jurisdictional reach, covering the entire Commonwealth of Australia, including all states, territories, and external territories. The Act also applies to actions that occur outside Australia if they are initiated by an Australian citizen or resident, an Australian company, or an Australian government entity, and have a significant impact on matters of national environmental significance. The Act can extend or restrict its application through subordinate instruments, such as regulations and codes of practice, which provide further detail on the types of actions and industries subject to the Act. However, certain actions are excluded from the scope of the EPBC Act, such as activities that are solely intrastate in nature and do not impact on matters of national environmental significance, and actions that are specifically exempted under the Act or regulations made under it.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) contains various sections that pertain to the assessment and approval of actions that may impact the environment. Section 75 details actions determined as not requiring approval, while section 87 outlines the assessment approach for proposed actions. Section 143 addresses the variation of conditions of approval, and section 130(4) deals with the extension of time for certain decisions. In the latest publication, several decisions and notifications regarding various projects were made public, including a commercial development in Victoria (2022/09236), a residential development in the Australian Capital Territory (2022/09201), and an energy generation project in South Australia (2021/8959).
The EPBC Act imposes specific obligations on the parties or entities it governs. For instance, those proposing actions that may significantly impact the environment must submit a referral for approval (section 73). The Department of Climate Change, Energy, the Environment and Water is responsible for assessing these referrals and making decisions based on the potential environmental impact (section 87). Additionally, parties must comply with any conditions set by the Department if an action is approved (section 143). The Act also mandates that the Department notify the public of certain decisions and assessments, ensuring transparency and public participation (section 75 and 87).
Breaching the provisions of the EPBC Act can lead to various consequences, including civil and criminal penalties. Under section 528, individuals and corporations can be fined up to AUD 1.2 million for serious or repeated breaches of the Act. Section 529A imposes penalties for non-compliance with an approval condition, which can result in fines of up to AUD 66,000 per day for corporations and AUD 13,200 per day for individuals. The Act also allows for injunctive relief to prevent further breaches (section 530). These provisions ensure that the Act's environmental protections are enforced effectively, and that those who fail to comply face significant consequences.