EPBC Act Part 7-9 decisions published, 16/12/2024 to 22/12/2024

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au C2025G00007 In force Gazette

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DEPARTMENT OF CLIMATE CHANGE, ENERGY, THE ENVIRONMENT AND WATER

Environment Protection and Biodiversity Conservation Act 1999

EPBC Act Part 7-9 decisions published, 16/12/2024 to 22/12/2024

For further information see the referrals list at https://epbcpublicportal.environment.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
2024/09987	NATURE BASED EXPERIENCE GROUP PTY LTD / Tourism and Recreation / Botanic Park, Plane Tree Dr, Adelaide SA 5000 / South Australia / The Botanic Loop (Grey-headed Flying-fox viewing experience), SA	Listed threatened species and communities (sections 18 & 18A)	12/12/2024
2024/09978	Bloomfield Collieries Pty Limited / Mining / Four Mile Creek Road, Ashtonfield, NSW, 2323 / New South Wales / Bloomfield Colliery Continuation project	Listed threatened species and communities (sections 18 & 18A) A water resource, in relation to coal seam gas development and large coal mining development (sections 24D & 24E)	13/12/2024
2023/09598	ST PHILIP'S CHRISTIAN EDUCATION FOUNDATION LTD / Commercial Development / Lot 2 DP 809106, Arizona Rd, Charmhaven NSW 2263 / New South Wales / School campus K-12 development project	Listed threatened species and communities (sections 18 & 18A)	16/12/2024
2024/09990	Nadia Wyatt / Agriculture and Forestry / 2451 Pooncarie Road Wentworth / New South Wales / Bellevue Estate Irrigation Expansion Project	Listed threatened species and communities (sections 18 & 18A)	16/12/2024
2023/09685	David Finney / Residential Development / East of Mirador Drive, Mirador / New South Wales / Mirador Residential Development Stages 8 & 9 and 13	Listed threatened species and communities (sections 18 & 18A)	17/12/2024
2024/09982	APA OPERATIONS PTY LIMITED / Energy Generation and Supply (non-renewable) / Access will be via 1039 Banana Bridge Road, Brigalow / Queensland / APA Brigalow Pipeline Project	Listed threatened species and communities (sections 18 & 18A)	18/12/2024
2024/10001	SQUADRON RENEWABLE ENERGY DEVELOPMENTS PTY LTD / Energy Generation and Supply (renewable) / 526 Yanco Road, Conargo / New South Wales / Conargo Wind Farm and Battery	Listed threatened species and communities (sections 18 & 18A)	19/12/2024

actions determined as NOT requiring approval (EPBC Act s.75)

Reference	Title	Date
2024/09977	Joseph Matoki / Commercial Development / 595 River Street, Ballina / New South Wales / West Ballina Service Centre Development	17/12/2024
2024/09971	EDIFY ENERGY PTY. LTD. / Energy Generation and Supply (renewable) / Formosas Road situated on part of Lot 20 SP262709 / Queensland / PLEYSTOWE BATTERY ENERGY STORAGE SYSTEM	19/12/2024
2023/09702	WATER CORPORATION / Water Management and Use / 190 Mary Street, Wanneroo / Western Australia / Wanneroo South Groundwater Source Bores	20/12/2024

Assessment Approach (EPBC Act s.87)

Reference	Title	Assessment Approach	Date
2024/09987	NATURE BASED EXPERIENCE GROUP PTY LTD / Tourism and Recreation / Botanic Park, Plane Tree Dr, Adelaide SA 5000 / South Australia / The Botanic Loop (Grey-headed Flying-fox viewing experience), SA	Preliminary Documentation	12/12/2024
2024/09990	Nadia Wyatt / Agriculture and Forestry / 2451 Pooncarie Road Wentworth / New South Wales / Bellevue Estate Irrigation Expansion Project	Preliminary Documentation	16/12/2024
2023/09685	David Finney / Residential Development / East of Mirador Drive, Mirador / New South Wales / Mirador Residential Development Stages 8 & 9 and 13	Preliminary Documentation	17/12/2024
2024/09982	APA OPERATIONS PTY LIMITED / Energy Generation and Supply (non-renewable) / Access will be via 1039 Banana Bridge Road, Brigalow / Queensland / APA Brigalow Pipeline Project	Preliminary Documentation	18/12/2024

DECISION ON APPROVAL (EPBC Act s.133)

Reference	Title	Approval Decision	Date
2023/09614	DEPARTMENT OF TRANSPORT AND PLANNING / Transport - Land / Part of 399 Melton Highway, Taylors Lakes VIC, 3038 and part of 362 Sydenham Rd, Sydenham VIC, 3037 / Victoria / Watergardens Car Park for Commuters (Project)	Approved with conditions	13/12/2024
2021/9121	NSW Electricity Networks Operations Pty Limited / Energy Generation and Supply (non-renewable) / between Wagga Wagga, Bannaby and Maragle / New South Wales / New transmission infrastructure, HumeLink	Approved with conditions	18/12/2024
2019/8485	BOWEN BASIN COAL PTY. LTD. / Mining / Lot 10 on Plan CNS93. / Queensland / Lake Vermont Meadowbrook Coal Mine Project, Qld	Approved with conditions	19/12/2024
2021/9031	BM Alliance Coal Operations Pty Limited / Mining / Caval Ridge Mine, Moranbah / Queensland / Caval Ridge Mine Horse Pit Extension, Bowen Basin	Approved with conditions	19/12/2024
2021/8875	Boggabri Coal Pty Limited / Mining / Leards Forest Road, 15 km north east Boggabri, Boggabri / New South Wales / Boggabri Coal Mine SSD 09_0182 Modification 8	Approved with conditions	19/12/2024

variation of conditions of approval (EPBC Act s.143)

Reference	Title	Date
2020/8869	Communities Tasmania on behalf of the Director Housing / Residential Development / near Kingston / Tasmania / Huntingfield Master Plan – Stage 2 and 3	13/12/2024
2005/2381	MOUNT GIBSON MINING LIMITED / Mining / Mt Gibson / Western Australia / open cut mine & assoc infrastructure	20/12/2024

NOTICE OF EXTENSION OF TIME (EPBC Act s.130(4))

Reference	Title	Extended to	Date
2022/09312	Prairie Renewable Energy Farm Pty Limited / Energy Generation and Supply (renewable) / Glentor Prairie Road (-20.736028, 144.470506) / Queensland / Prairie Wind Farm renewable energy project	9/01/2025	22/10/2024
2019/8535	WIND ENERGY PARTNERS PTY LIMITED / Energy Generation and Supply (renewable) / 8km south east of Nundle / New South Wales / Hills of Gold Wind Farm	14/02/2025	12/12/2024
2019/8480	CITY OF ALBANY / Tourism and Recreation / Multiple lots, Albany, WA / Western Australia / Albany Heritage Park Link Trail, WA	02/01/2025	12/12/2024
2018/8205	PERRON DEVELOPMENTS PTY LTD / Residential Development / Lot 131 Jandakot Road, Treeby / Western Australia / Residential Development Lot 131 Jandakot Road, Treeby WA	13/03/2025	13/12/2024
2018/8335	WOODSIDE ENERGY LTD. / Mining / De Wit Location: Lot 199, 197, 379, 380, 655, 195, 151, 204 / Western Australia / North West Shelf Project Extension, Carnarvon Basin, WA	28/02/2025	13/12/2024
2021/9058	Northbank Enterprise Hub Pty Ltd / Commercial Development / Lot 1001 (DP1127780) at Tomago Road, Tomago / New South Wales / Northbank Enterprise Hub	31/01/2025	18/12/2024
2023/09524	SEALARK PTY LIMITED / Residential Development / Lot 1 DP 1279350, Lot 2 DP 1279350 AND Lot 3 DP1279350, Culburra Beach and Wollumboola / New South Wales / West Culburra Residential Subdivision	21/02/2025	19/12/2024

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 Parliament of Australia to address the need for a comprehensive framework to protect the environment, including its biodiversity, and to manage activities that may impact on matters of national environmental significance. The EPBC Act plays a critical role in ensuring that development and other activities are assessed for their potential environmental impacts and that appropriate measures are put in place to mitigate any adverse effects. This legislation is fundamental in protecting Australia's unique ecosystems, endangered species, and heritage sites. The Act provides for the assessment and approval of activities that may impact on listed threatened species and ecological communities, water resources, and other matters of national environmental significance. The policy objective of the EPBC Act is to promote the sustainable use and conservation of the environment, ensuring that economic development and environmental protection are balanced in a manner that benefits both current and future generations.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad spectrum of entities and activities across Australia, including both Commonwealth and state jurisdictions, to ensure the protection of the environment, particularly matters of national environmental significance. This Act applies to individuals, corporations, and government entities engaged in activities such as mining, agriculture, commercial development, residential development, and energy generation and supply. It specifically targets projects that may impact listed threatened species and communities, water resources in relation to coal seam gas development and large coal mining development, and other environmental concerns. The geographic reach of the Act is national, and it includes the territories of Australia. The Act extends its application through subordinate instruments and regulations, which provide further detail on the implementation and enforcement of the Act's provisions. The Act includes certain exemptions and thresholds for actions that do not require approval, as evidenced by several decisions published where the projects did not necessitate EPBC Act approval. However, projects that may significantly impact the environment are subject to stringent assessment and, if necessary, approval processes.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) addresses various environmental matters and provides a framework for the assessment and approval of certain activities. Sections 75 and 133 of the Act (sections 75 and 133) require that actions which may significantly impact matters of national environmental significance must be approved by the Minister. For instance, the Botanic Loop (Grey-headed Flying-fox viewing experience) by Nature Based Experience Group Pty Ltd, and the Bellevue Estate Irrigation Expansion Project by Nadia Wyatt, are examples of projects requiring such approval (EPBC Act s.75). The Act also outlines the obligations of proponents, such as conducting preliminary documentation assessments (section 87), which is evident in the preliminary documentation for the APA Brigalow Pipeline Project by APA Operations Pty Limited and the Mirador Residential Development Stages 8 & 9 and 13 by David Finney. Entities and individuals subject to the Act must comply with a range of obligations, including providing detailed information about the potential impacts of their proposed actions on the environment, and preparing environmental impact assessments where necessary. For example, the Bellevue Estate Irrigation Expansion Project by Nadia Wyatt, and the Mirador Residential Development Stages 8 & 9 and 13 by David Finney, required detailed assessments of their potential impacts on listed threatened species and communities (sections 18 & 18A). Similarly, the Conargo Wind Farm and Battery by Squadron Renewable Energy Developments Pty Ltd needed to address impacts on listed threatened species and communities, as well as water resources in relation to coal seam gas development and large coal mining development (sections 24D & 24E). Violations of the EPBC Act can result in significant penalties and legal consequences. For instance, unauthorised actions that may significantly impact matters of national environmental significance can lead to criminal charges, fines, or both. The maximum penalties for contravening the Act can include fines of up to $1.1 million for individuals and up to $5.5 million for bodies corporate, as well as imprisonment for up to three years for individuals. Additionally, the Act allows for the imposition of civil penalties for breaches of conditions of approval, which can further compound the financial and legal repercussions for non-compliance.

Area of Law: Environmental Law
Instrument: Gazette Notice
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Prohibited Conduct; Enforcement Powers

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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