DEPARTMENT OF AGRICULTURE, WATER AND THE ENVIRONMENT
Environment Protection and Biodiversity Conservation Act 1999
EPBC Act Part 7-9 decisions published, 14/03/2022 to 20/03/2022
For further information see the referrals list at http://epbcnotices.environment.gov.au/referralslist/
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 |
2021/9098 | Department of Transport, WA / Tourism and Recreation / Entrance Point Beach, Kabbarli Rd, Broome / Western Australia / Broome Boating Facility | - Listed threatened species and communities (sections 18 & 18A)
- Listed migratory species (sections 20 & 20A)
- National Heritage (sections 15B & 15C)
- Wetlands of international importance (sections 16 & 17B)
| 16/03/2022 |
2021/9112 | Walker Bremer Park Pty Ltd / Commercial Development / Warrego Highway, Bundamba / Queensland / Citiswich Stage 7 - Commercial Development | - Listed threatened species and communities (sections 18 & 18A)
| 17/03/2022 |
actions determined as NOT requiring approval (EPBC Act s.75)
Reference | Title | Date |
2022/9148 | Silverleaf Investments Pty ltd as Trustees for The 45 Henderson Street Trust / Commercial Development / 45 Henderson St, Fremantle / Western Australia / Warders' Cottages Block 2 'W2' | 14/03/2022 |
Assessment Approach (EPBC Act s.87)
Reference | Title | Assessment Approach | Date |
2021/9112 | Walker Bremer Park Pty Ltd / Commercial Development / Warrego Highway, Bundamba / Queensland / Citiswich Stage 7 - Commercial Development | Preliminary Documentation | 17/03/2022 |
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2020/8768 | Transport Canberra and City Services / Transport - Land / Monaro Highway in the ACT between Sheppard St intersection and David Warren Rd intersection / Australian Capital Territory / Monaro Highway - Lanyon Drive Upgrade Package 1C | Approved with conditions | 15/03/2022 |
variation of conditions of approval (EPBC Act s.143)
Reference | Title | Date |
2010/5337 | LANDCORP / Commercial Development / Rockingham / Western Australia / Industry Zone | 2/03/2022 |
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 Agriculture, Water and the Environment or may not meet timeframes for notification. The Department of Agriculture, Water and the Environment 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 Agriculture, Water and the Environment 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 Parliament of Australia to address the need for a comprehensive framework for the protection of the environment, particularly in relation to activities that may have a significant impact on matters of national environmental significance. The EPBC Act provides for the protection of the environment by regulating activities that may impact on World Heritage properties, national heritage places, listed threatened species and ecological communities, listed migratory species, Ramsar wetlands, and the marine environment. The Act also provides for the assessment and approval of actions that may have a significant impact on these matters. The policy objective of the EPBC Act is to protect and conserve Australia's environment, including its biodiversity and heritage, while also promoting sustainable development. The Department of Agriculture, Water and the Environment is responsible for administering the EPBC Act and ensuring compliance with its provisions.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad spectrum of persons and entities, including Commonwealth, state, territory and local government authorities, corporations, individuals, and non-government organisations. It governs actions that may have a significant impact on matters of national environmental significance, such as listed threatened species and communities, listed migratory species, national heritage places, and wetlands of international importance. The Act extends across Australia, applying to both Commonwealth and state/territory lands and waters, and covers a wide range of industries and conduct, particularly those that may affect the environment. The geographic reach of the EPBC Act is national, providing a unified framework for the protection of the environment under Commonwealth jurisdiction. The Act allows for certain exclusions and exemptions, but these are narrowly defined and subject to stringent conditions to ensure minimal environmental impact. The application of the EPBC Act can be extended or restricted through subordinate instruments, which provide detailed guidelines and specific provisions for various types of developments and activities.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) includes several key sections that govern the approval process for actions that may affect matters of national environmental significance. Section 75 of the Act outlines the actions that require approval, while Section 87 details the assessment approach to be undertaken. Section 133 pertains to the approval decision, and Section 143 addresses the variation of conditions of approval. In the context of the recent decisions published between 14/03/2022 and 20/03/2022, actions such as the Broome Boating Facility (Reference 2021/9098) and Citiswitch Stage 7 - Commercial Development (Reference 2021/9112) are determined as requiring approval under Sections 18, 18A, 20, and 20A of the Act, which relate to listed threatened species, communities, and migratory species, as well as national heritage and wetlands of international importance. Conversely, the commercial development at 45 Henderson St, Fremantle (Reference 2022/9148) has been determined as not requiring approval under Section 75.
The Act imposes specific obligations on the entities involved in these actions to ensure that their activities do not adversely affect the listed matters of national environmental significance. These obligations include providing preliminary documentation (as required by Section 87 for Reference 2021/9112), and in cases where approval is granted, complying with any conditions set forth in the approval decision (Section 133). For example, the approval for the Monaro Highway - Lanyon Drive Upgrade Package 1C (Reference 2020/8768) came with specific conditions that must be adhered to. Additionally, any changes to the conditions of previously approved actions, such as the variation for the Industry Zone in Rockingham (Reference 2010/5337), must also comply with the provisions of Section 143.
Failure to comply with the requirements set out in the EPBC Act can result in various consequences. Although the specific offences and penalties are not detailed in the provided extract, the Act generally provides for both civil and criminal penalties for non-compliance. Civil penalties may include fines, while criminal penalties could involve imprisonment, depending on the severity of the breach and the provisions of other related legislation. The Department of Agriculture, Water and the Environment ensures that all notifications, including those that may be missed, are eventually communicated to the public to maintain transparency and accountability in the environmental approval process.