DEPARTMENT OF CLIMATE CHANGE, ENERGY, THE ENVIRONMENT AND WATER
Environment Protection and Biodiversity Conservation Act 1999
EPBC Act Part 7-9 decisions published, 12/12/2022 to 18/12/2022
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 |
2022/09280 | Trevor Verran / Private / Lot 4 Coonadoo Court Jandakot / Western Australia / Jandakot Horse Agistment | - Listed threatened species and communities (sections 18 & 18A)
| 8/12/2022 |
2022/09367 | Absolute Timber Solutions Pty Ltd / Commercial Development / 400 Wattle Ave Neerabup / Western Australia / Land clearing for timber storage | - Listed threatened species and communities (sections 18 & 18A)
| 13/12/2022 |
Assessment Approach (EPBC Act s.87)
Reference | Title | Assessment Approach | Date |
2022/09280 | Trevor Verran / Private / Lot 4 Coonadoo Court Jandakot / Western Australia / Jandakot Horse Agistment | Preliminary Documentation | 8/12/2022 |
2022/09367 | Absolute Timber Solutions Pty Ltd / Commercial Development / 400 Wattle Ave Neerabup / Western Australia / Land clearing for timber storage | Preliminary Documentation | 13/12/2022 |
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2021/9064 | Onslow Infraco Pty Ltd / Mining / Port of Ashburton / Western Australia / Ashburton Infrastructure Project | Approved with conditions | 12/12/2022 |
variation of conditions of approval (EPBC Act s.143)
Reference | Title | Date |
2017/7881 | Australia Pacific LNG Pty Limited / Mining / approximately 70km northeast of Roma / Queensland / Spring Gully CSG North West and North East Development, Surat Basin, Qld | 9/12/2022 |
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 (Cth) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, by regulating actions that have, will have, or might have a significant impact on the environment. The Act addresses gaps in environmental protection by establishing a framework for the assessment and approval of activities that may affect the environment, including those that impact listed threatened species, communities, and ecological communities. The policy objective of the Act is to protect and conserve Australia's biodiversity and environment through a collaborative approach between federal, state, and territory governments. The Department of Climate Change, Energy, the Environment and Water is responsible for administering the Act, and has implemented systems and quality assurance procedures to ensure timely and accurate notifications of referrals for approval, despite occasional missed notifications.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of entities and activities that may impact on matters of national environmental significance, including listed threatened species, communities and ecological places. The Act covers individuals, private entities, and corporations engaged in activities such as land clearing, mining, and construction, particularly when these activities may affect protected species or communities. The geographic reach of the EPBC Act is national, applying across Australia, and it extends to external territories as determined by the Commonwealth. While the Act is comprehensive, there are certain exclusions and exemptions; for instance, some activities may be exempt if they are carried out under state or territory laws that are deemed equivalent to the EPBC Act. The Act’s application may also be extended or restricted through subordinate instruments, such as regulations or codes of practice, which provide further detail on specific aspects of environmental protection and biodiversity conservation.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) establishes the framework for protecting and managing environmental heritage, including biodiversity and natural and cultural heritage. Section 75 of the Act requires that certain actions, which may impact on matters of national environmental significance, need approval from the relevant Minister. For example, actions such as clearing land that affects listed threatened species or communities must be approved (EPBC Act s.75). Similarly, Section 133 mandates that approval for actions may be granted with specific conditions attached to manage any potential adverse environmental impacts (EPBC Act s.133).
The obligations imposed on the parties by the EPBC Act include the need to notify the relevant Minister of proposed actions that may impact on matters of national environmental significance. For instance, if an individual or entity intends to conduct activities such as land clearing for timber storage, they must provide preliminary documentation detailing the proposed action (EPBC Act s.87). The Minister then assesses whether the proposed action meets the criteria for approval under the Act, taking into account the potential environmental impacts and the existence of any mitigating measures.
In the case of a decision to approve an action, the Minister may impose conditions to manage the potential environmental impacts of the proposed action. For example, in the case of the Ashburton Infrastructure Project, the Minister approved the project with specific conditions to ensure the protection of listed threatened species and communities (EPBC Act s.133). Additionally, if an approved action is found to be non-compliant with the conditions of approval, the Minister may vary or cancel the approval (EPBC Act s.143).
Failure to comply with the provisions of the EPBC Act may result in civil or criminal penalties. For example, Section 528 of the Act provides for a maximum penalty of $66,000 for individuals and $330,000 for bodies corporate for contravening an approval condition. Similarly, Section 529 of the Act provides for a maximum penalty of $660,000 for individuals and $3.3 million for bodies corporate for contravening a prohibition or restriction imposed by the Minister. The Act also provides for the recovery of costs incurred by the Minister in relation to the enforcement of the Act (EPBC Act s.534).
In summary, the EPBC Act imposes obligations on individuals and entities to notify the Minister of proposed actions that may impact on matters of national environmental significance and to comply with any conditions imposed by the Minister in the approval of the proposed action. Failure to comply with the provisions of the Act may result in civil or criminal penalties. The Act also provides for the recovery of costs incurred by the Minister in relation to the enforcement of the Act.