DEPARTMENT OF CLIMATE CHANGE, ENERGY, THE ENVIRONMENT AND WATER
Environment Protection and Biodiversity Conservation Act 1999
EPBC Act Part 7-9 decisions published, 17/11/2025 to 23/11/2025
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 NOT requiring approval (EPBC Act s.75)
Reference | Title | Date |
2025/10278 | Eku Energy Projects (Australia) Pty Ltd / Energy Generation and Supply (renewable) / Lot 23 on SP158465 and Lot 58 on BON1457 Bruce Highway, Monduran, QLD 4671 / Queensland / Monduran Battery Storage System | 12/11/2025 |
2025/10254 | Tweed Shire Council / Transport - Land / Tweed Coast Rd (Between 14 John Robb Way and 188 Tweed Coast Road, Cudgen, NSW) / New South Wales / Tweed Coast Road Four Lane Upgrade – Section 5 | 12/11/2025 |
2025/10271 | Department of Housing and Works / Commercial Development / 9 John XXIII Avenue, Lot 551 Deposited Plan 429101, Mount Claremont & 1 Brockway Road, Lot 15061 on Plan 036844, Mount Claremont / Western Australia / Graylands Campus Project | 14/11/2025 |
2025/10326 | Queensland Electricity Transmission Corporation Limited / Energy Generation and Supply (non-renewable) / 2680 Bulli Creek Road, Western Creek 4357 / Queensland / Bulli Creek Substation Expansion | 17/11/2025 |
2025/10276 | Celestino Developments SSP Pty Limited / Commercial Development / 565-601 and 601a Luddenham Road, Luddenham NSW 2745 (Lot 1//DP1276320; Lot 2//DP1276320; Lot 3//DP1276320; Lots 206//DP1280188) / New South Wales / Sydney Science Park Mixed Use Development. | 18/11/2025 |
2025/10329 | Samsung C&T Renewable Energy Australia Pty Ltd / Energy Generation and Supply (renewable) / The proposed BESS will be located on Lot 4 on RP891340 and located at 37-39 Carbine Court, Kelso, Queensland. / Queensland / The Block BESS | 19/11/2025 |
2025/10230* | Sunshine State Solar Farm Pty Ltd as trustee for the Sunshine State Solar Farm Trust ABN 39614291229 / Energy Generation and Supply (renewable) / 25 Hencamp Creek Road, Rollingstone / Queensland / Sunshine State Solar Farm and BESS | 20/11/2025 |
* Actions which are not controlled actions provided they are undertaken in a particular manner. Further information on provision and manner specified is available from https://epbcpublicportal.environment.gov.au/all-referrals/
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2024/09947 | Pacific Green Energy Park Portland Pty Ltd / Energy Generation and Supply (non-renewable) / Madeira Packet Road / Victoria / Portland Energy Park | Approved with conditions | 14/11/2025 |
2022/9171 | Tallawang Solar Hybrid Pty Ltd / Energy Generation and Supply (renewable) / 900 Castlereagh Hwy, Beryl / New South Wales / Proposed large-scale solar farm project | Approved without conditions | 20/11/2025 |
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, enacted by the Australian Parliament, was introduced to address the need for a comprehensive framework to protect and manage the environment, particularly focusing on biodiversity conservation and the impacts of developments on the environment. The Act provides a national framework for environmental protection and the conservation of biodiversity, aiming to integrate environmental considerations into decision-making processes. The Department of Climate Change, Energy, the Environment and Water, established under the Act, is tasked with implementing and enforcing these provisions. The policy objective is to ensure that significant environmental impacts are identified, assessed, and managed appropriately to maintain ecological integrity and sustainable development.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of persons, entities, industries, and activities across Australia, aiming to protect and conserve the nation's environmental heritage. This includes the regulation of activities that have, will have, or might have a significant impact on matters of national environmental significance, such as endangered species and ecological communities, wetlands, world heritage properties, and Ramsar-listed wetlands. The EPBC Act applies to all persons and entities within Australia, including state and territory governments, companies, and individuals, irrespective of where the environmental impact might occur. However, specific exclusions and exemptions are provided under the Act, such as certain agricultural activities, minor and routine activities, and actions determined as not requiring approval under section 75 of the EPBC Act. The Act's jurisdiction extends nationally, but it can also be enforced through subordinate instruments, which may further define or restrict the application of the Act, such as through regulations or codes of practice.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) contains various sections that govern the approval and regulation of actions that may impact on matters of national environmental significance. In particular, sections 75 (EPBC Act s.75) and 133 (EPBC Act s.133) deal with the determination of actions that do not require approval and the approval of actions, respectively. Recently, from 17/11/2025 to 23/11/2025, the Department of Climate Change, Energy, the Environment and Water published several decisions regarding specific projects under these sections. For example, the action by Eku Energy Projects (Australia) Pty Ltd concerning the Monduran Battery Storage System in Queensland was determined not to require approval (EPBC Act s.75), while the proposed large-scale solar farm project by Tallawang Solar Hybrid Pty Ltd in New South Wales was approved without conditions (EPBC Act s.133).
The EPBC Act imposes several obligations on the parties involved in these projects. For projects that do not require approval, such as the Monduran Battery Storage System, the responsible party must still ensure that the action complies with all relevant environmental standards and guidelines. For approved projects like the Tallawang Solar Hybrid Pty Ltd solar farm, the responsible party must adhere to the conditions set out in the approval decision to minimise environmental impact. Both types of projects must also comply with any additional requirements or conditions specified by the relevant state or territory government.
There are potential penalties and consequences for non-compliance with the EPBC Act. While the specific penalties for breaches are not detailed in the provided excerpt, the Act generally allows for both civil and criminal penalties, including fines and imprisonment. The exact penalties can vary depending on the nature and severity of the breach. Additionally, non-compliance can result in legal action by the Department of Climate Change, Energy, the Environment and Water or other authorised entities, which can lead to further penalties or enforcement actions. The Department has implemented quality assurance procedures to minimise missed notifications, ensuring that all relevant parties are informed of any decisions or requirements under the Act.