DEPARTMENT OF CLIMATE CHANGE, ENERGY, THE ENVIRONMENT AND WATER
Environment Protection and Biodiversity Conservation Act 1999
EPBC Act Part 7-9 decisions published, 12/06/2023 to 18/06/2023
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
variation of conditions of approval (EPBC Act s.143)
Reference | Title | 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 | 19/12/2022 |
2015/7591 | Defence Housing Australia / Commonwealth Development / Lee Point Road, Darwin / Northern Territory / Lee Point Master-planned urban development, Darwin, NT | 15/06/2023 |
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 provide for the protection of the environment, particularly with respect to matters of national environmental significance. This legislation was introduced to address the growing need for a comprehensive framework to manage and protect Australia’s environment amidst increasing anthropogenic pressures and development activities. The EPBC Act aims to safeguard Australia’s biodiversity and heritage, and to promote sustainable use of natural resources. The Department of Climate Change, Energy, the Environment and Water is responsible for administering the Act, and it has implemented quality assurance procedures to ensure compliance with notification timeframes, despite occasional missed notifications that are rectified as soon as identified.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to a broad range of persons, entities, and activities that may impact on matters of national environmental significance. The Act extends to Commonwealth land, waters, and territorial seas, as well as certain actions taken outside these areas if they have a significant impact on matters of national environmental significance. This includes the protection of listed threatened species and ecological communities, World Heritage properties, wetlands of international significance, and other areas deemed important for their ecological value. The Act regulates various industries and activities, including development projects, fishing operations, and the use of genetically modified organisms, among others. The Act also extends to cover the actions of both public and private entities, as well as individuals who may be involved in activities that trigger the requirements of the Act. The application of the Act can be extended or restricted through subordinate instruments such as regulations and codes of practice. However, there are exclusions and exemptions provided for certain activities, such as those carried out under the authority of other Commonwealth or state legislation. Any person or entity seeking to undertake an action that may trigger the requirements of the Act should seek advice from the relevant authorities to ensure compliance.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) contains several key provisions that govern the approval process for activities that may impact the environment. Section 143 of the Act (s.143) provides the framework for the variation of conditions of approval. This means that once an activity has been approved, the conditions of that approval can be changed if necessary. This is particularly relevant for large-scale projects such as the Goyder South Hybrid Renewable Energy Facility (referral number 2021/8959), which involves the construction of a wind farm and associated infrastructure in South Australia, and the Lee Point Master-planned urban development (referral number 2015/7591) in the Northern Territory. The conditions of approval can be varied to reflect new information, changes in circumstances, or to address any concerns that may arise during the implementation of the project.
The Act imposes obligations on both the applicant and the approving authority to ensure that any activity that may have a significant impact on the environment is properly assessed and managed. Section 487 of the Act (s.487) requires that any person who proposes to carry out an action that may have a significant impact on matters of environmental significance must refer the proposal to the Minister for approval. This includes actions such as clearing native vegetation, discharging pollutants into water, or building infrastructure in sensitive areas. The approving authority, in this case the Department of Climate Change, Energy, the Environment and Water, has the responsibility to assess the proposal and determine whether it should be approved, approved with conditions, or refused.
Failure to comply with the requirements of the Act can result in civil or criminal penalties. Section 528 of the Act (s.528) provides for the imposition of civil penalty provisions, which can include fines of up to $1.1 million for individuals and $5.5 million for corporations for each offence. Section 529 of the Act (s.529) provides for the imposition of criminal penalties, which can include fines of up to $66,000 for individuals and $330,000 for corporations, and/or imprisonment for up to five years. These penalties apply to any person who contravenes a provision of the Act, including failing to comply with a condition of approval, or carrying out an action that has a significant impact on the environment without the required approval. The Act also includes provisions for the recovery of costs incurred by the Department in assessing and managing referrals, which can further increase the financial consequences of non-compliance.