DEPARTMENT OF CLIMATE CHANGE, ENERGY, THE ENVIRONMENT AND WATER
Environment Protection and Biodiversity Conservation Act 1999
EPBC Act Part 7-9 decisions published, 19/12/2022 to 25/12/2022
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 |
2022/09328 | WOODSIDE ENERGY LTD / Energy Generation and Supply (renewable) / Maitland Strategic Industrial Estate, North West Coastal Hwy near Karratha Station Road. / Western Australia / Woodside Solar Facility | - Listed threatened species and communities (sections 18 & 18A)
| 13/12/2022 |
2022/09342 | MIDLAND BRICK PTY LTD / Mining / Lot 6 Wandena Road, Muchea WA / Western Australia / "Muchea 6" Clay Pit Expansion project | - Listed threatened species and communities (sections 18 & 18A)
| 14/12/2022 |
2022/09319 | Boral Resources (NSW) Pty Limited / Mining / Tabbita Road, Dunmore, NSW 2529 / New South Wales / Dunmore Hard Rock Quarry Modification 13 | - Listed threatened species and communities (sections 18 & 18A)
| 15/12/2022 |
2022/09364 | McDougall Quarries Pty Ltd / Mining / 150 Runnymede Road, Binningup WA 6233 / Western Australia / Sand Extraction on 150 Runnymede Road Binningup | - Listed threatened species and communities (sections 18 & 18A)
| 15/12/2022 |
2022/09358 | RES Australia Pty Ltd / Energy Generation and Supply (renewable) / Corner of Gingers Lane and Castlereigh Highway, Gulgong, NSW / New South Wales / Barneys Reef Wind Farm | - Listed threatened species and communities (sections 18 & 18A)
- Listed migratory species (sections 20 & 20A)
| 20/12/2022 |
2022/09354 | CC Nominees No. 1 Pty Ltd / Commercial Development / 100 Northcott Dr, Australian Capital Territory 2609 / Australian Capital Territory / Campbell Park Car Park Consolidation Project | - Listed threatened species and communities (sections 18 & 18A)
- Commonwealth land (26 & 27A)
| 22/12/2022 |
actions determined as NOT requiring approval (EPBC Act s.75)
Reference | Title | Date |
2022/09355* | Australian Nuclear Science and Technology Organisation / Commonwealth / Australian Nuclear Science and Technology Organisation, New Illawarra Road, Lucas Heights NSW / New South Wales / Legacy Mineral Sands Remediation and Disposal | 21/12/2022 |
* 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.awe.gov.au/all-referrals/
Assessment Approach (EPBC Act s.87)
Reference | Title | Assessment Approach | Date |
2022/09328 | WOODSIDE ENERGY LTD / Energy Generation and Supply (renewable) / Maitland Strategic Industrial Estate, North West Coastal Hwy near Karratha Station Road. / Western Australia / Woodside Solar Facility | Accredited Assessment Process under the Environmental Protection Act 1986 (WA) | 13/12/2022 |
2022/09342 | MIDLAND BRICK PTY LTD / Mining / Lot 6 Wandena Road, Muchea WA / Western Australia / "Muchea 6" Clay Pit Expansion project | Preliminary Documentation | 14/12/2022 |
2022/09364 | McDougall Quarries Pty Ltd / Mining / 150 Runnymede Road, Binningup WA 6233 / Western Australia / Sand Extraction on 150 Runnymede Road Binningup | Preliminary Documentation | 15/12/2022 |
2022/09354 | CC Nominees No. 1 Pty Ltd / Commercial Development / 100 Northcott Dr, Australian Capital Territory 2609 / Australian Capital Territory / Campbell Park Car Park Consolidation Project | Preliminary Documentation | 22/12/2022 |
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2022/09242 | Garret Barry Planning Services Pty Ltd / Residential Development / corner of Nutleys Creek Road and Parbery Avenue (Lot 228 DP1284959) / New South Wales / Bermagui Golf Club Proposed Subdivision (Stages 3-8) | Approved with conditions | 19/12/2022 |
2010/5713 | RURAL CITY OF MURRAY BRIDGE / Transport - Land / Maurice Road, Murray Bridge / South Australia / Maurice Road Realignment | Approved with conditions | 22/12/2022 |
NOTICE OF EXTENSION OF TIME (EPBC Act s.130(4))
Reference | Title | Extended to | Date |
2018/8288 | TRANSPORT FOR NSW / Transport - Land / 15 km north of Raymond Terrace / New South Wales / M1 Motorway extension to Raymond Terrace, NSW | 13/02/2023 | 22/12/2022 |
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 (EPBC Act) was enacted to address the need for a comprehensive framework to protect and conserve Australia's environment, including its biodiversity, heritage, and natural resources. This Act provides a mechanism for the federal government to assess and approve certain activities that may have a significant impact on matters of national environmental significance, such as listed threatened species, communities, and ecological communities, migratory species, and Commonwealth land. The EPBC Act aims to ensure that development and resource use are managed in a way that balances environmental protection with economic and social considerations.
The EPBC Act is administered by the Australian Government through the Department of Climate Change, Energy, the Environment and Water. The policy objective of the Act is to protect and manage the environment by preventing significant impacts on matters of national environmental significance, promoting sustainable use of natural resources, and conserving biodiversity. The Department regularly publishes decisions on proposed actions that require approval under the Act, ensuring transparency and public participation in environmental decision-making. This approach helps to maintain public trust and confidence in the environmental management processes.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of entities, including individuals, companies, and government bodies, in relation to their actions that may impact on matters of national environmental significance. These matters include World Heritage properties, listed threatened species and ecological communities, listed migratory species, the marine environment, the Great Barrier Reef, declared Ramsar wetlands, the nuclear actions prohibition, and the Commonwealth marine areas. The Act operates on a Commonwealth level, impacting actions across Australia, but also intersects with state and territory laws. Certain activities may be exempt from the EPBC Act, such as actions that are already subject to stringent environmental assessments under state or territory laws, and small-scale activities that pose minimal environmental risks. The Act's scope and application can be extended or restricted through subordinate instruments, such as regulations and codes of practice, which provide further detail on the types of actions subject to the Act and the processes for assessing and approving those actions.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) contains several key provisions that govern the approval and assessment of certain actions that may impact the environment. Section 75 of the EPBC Act requires that certain actions be approved by the Minister if they are likely to have a significant impact on matters of national environmental significance. Section 87 outlines the assessment approach to be used for actions requiring approval, which may include an accredited assessment process or preliminary documentation. Section 133 of the EPBC Act governs the approval of actions with conditions, while section 130(4) allows for the extension of time for decision-making. The Act also includes provisions for public notification of decisions and assessments, as well as penalties for non-compliance.
The EPBC Act imposes several obligations on the parties or entities it governs. These include providing the required documentation and information for assessment, complying with any conditions imposed on approved actions, and adhering to the timeframes for decision-making and notification. Parties or entities must also take into account the potential impact of their actions on matters of national environmental significance, such as listed threatened species and communities, listed migratory species, and Commonwealth land.
The EPBC Act provides for both civil and criminal penalties for non-compliance with its provisions. Civil penalties may include fines of up to $1.1 million for individuals and $5.5 million for corporations for each offence, as well as orders for remediation or restoration of the environment. Criminal penalties may include fines of up to $66,000 for individuals and $330,000 for corporations for each offence, as well as imprisonment for up to two years for individuals and five years for corporations. The maximum penalties may be higher in certain circumstances, such as where the offence is committed intentionally or recklessly. Non-compliance with the EPBC Act may also result in the revocation of approval for an action or the imposition of additional conditions.