DEPARTMENT OF CLIMATE CHANGE, ENERGY, THE ENVIRONMENT AND WATER
Environment Protection and Biodiversity Conservation Act 1999
EPBC Act Part 7-9 decisions published, 20/02/2023 to 26/02/2023
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 |
2022/09239 | HAZELWOOD POWER / Mining / Hazelwood Mine, Brodribb Rd, Hazelwood / Victoria / Hazelwood Mine Rehabilitation Project | - Wetlands of international importance (sections 16 & 17B)
- Listed threatened species and communities (sections 18 & 18A)
- Listed migratory species (sections 20 & 20A)
- A water resource, in relation to coal seam gas development and large coal mining development (sections 24D & 24E)
| 20/02/2023 |
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2020/8740 | Shire of Dandaragan / Transport - Land / Shire of Dandaragan, Jurien East Road (western section) and associated road reserve / Western Australia / Jurien East Road Upgrade, 3 km NNE Jurien Bay, WA | Approved with conditions | 8/02/2023 |
2020/8840 | Uluru Lodge Walk Pty Ltd / Tourism and Recreation / 1680 Uluru Rd, Petermann, Uluru (Ayers Rock) Kata Tjuta National Park / Northern Territory / Uluru Lodge Walk ULW | Approved with conditions | 16/02/2023 |
2020/8816 | Sydney Water Corporation / Waste Management (sewerage) / The pipelines extend from Lansdowne to Warragamba. The AWRC site is between South and Kemps Creeks. / New South Wales / Upper South Creek Advanced Water Recycling Centre | Approved with conditions | 17/02/2023 |
2021/8979 | Santos CSG Pty Ltd / Energy Generation and Supply (non-renewable) / Arcadia Valley within the Surat Basin / Queensland / Towrie Gas Development PL 1059 | Approved with conditions | 17/02/2023 |
variation of conditions of approval (EPBC Act s.143)
Reference | Title | Date |
2019/8395 | Western Sydney Parklands Trust / Commercial Development / Part of Lot 10 // DP 1061237 and Part of Lot 5 // DP 804051 / New South Wales / Light Horse Interchange Business Hub, Eastern Creek, NSW | 16/02/2023 |
lapsed proposals (EPBC Act s.155)
Reference | Title | Date |
2011/6078 | COMMERCIAL FLOWERS / Agriculture and Forestry / 30 Jordan Ave Glossodia, NSW / New South Wales / Agricultural Development - Jordan Avenue Glossodia, NSW | 4/04/2022 |
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 by the Parliament of Australia to address the need for a comprehensive framework that integrates the protection of the environment with economic development. The Act aims to provide for the protection of the environment, particularly matters of national environmental significance, by establishing a system of approval for certain actions that may have a significant impact on the environment. The EPBC Act seeks to balance environmental protection with economic activity, ensuring that developments are assessed for their potential environmental impacts and managed appropriately. The Act covers a wide range of environmental aspects including threatened species and ecological communities, listed migratory species, water resources, and wetlands of international importance. The Department of Climate Change, Energy, the Environment and Water is responsible for the administration of the EPBC Act, including the processing of referrals for approval and ensuring that public notifications are managed within the required timeframes. The policy objective of the EPBC Act is to protect and conserve Australia’s biodiversity and environment while facilitating sustainable development.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of activities and entities across Australia, including individuals, corporations, and government bodies, which undertake actions that may impact matters of national environmental significance. This encompasses areas such as wetlands of international importance, listed threatened species and communities, listed migratory species, and water resources pertinent to coal seam gas and large coal mining developments. The geographic scope of the Act is national, applying to actions across all states and territories in Australia. The Act’s application is broad and includes various industries, from mining and energy to agriculture, forestry, and waste management, among others. However, the Act does not apply uniformly across all actions; certain proposals may be exempt or excluded, or may fall under specific thresholds that determine the level of scrutiny they receive. The Act also allows for the extension or restriction of its application through subordinate instruments, which provide further detail on the implementation and enforcement of the legislation. This ensures that the Act can adapt to new environmental challenges and changing circumstances while maintaining its core objectives of environmental protection and biodiversity conservation.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) has several key sections that outline the requirements for certain activities that may impact the environment, particularly those considered under the act's purview (sections 75 and 133). For instance, section 75 requires approval for actions that are likely to have a significant impact on matters of national environmental significance, such as wetlands of international importance (sections 16 and 17B), listed threatened species and communities (sections 18 and 18A), listed migratory species (sections 20 and 20A), and water resources in relation to coal seam gas development and large coal mining development (sections 24D and 24E). The act also includes provisions for approving projects with conditions (section 133), varying the conditions of an approval (section 143), and handling lapsed proposals (section 155).
The EPBC Act imposes several obligations on the parties or entities it governs. These obligations include adhering to the conditions set for approval of projects that impact the environment, as seen in the approvals given to the Shire of Dandaragan for the Jurien East Road Upgrade (reference 2020/8740), Uluru Lodge Walk Pty Ltd for the Uluru Lodge Walk (reference 2020/8840), Sydney Water Corporation for the Upper South Creek Advanced Water Recycling Centre (reference 2020/8816), and Santos CSG Pty Ltd for the Towrie Gas Development (reference 2021/8979). Additionally, there are requirements to notify the public of the processing of referrals under Chapter 4 of the EPBC Act, and to manage any missed notifications appropriately (section 155). The Department of Climate Change, Energy, the Environment and Water has implemented systems to minimise the risk of missed notifications and to ensure transparency by notifying the public even if the notification is late.
Breaching the requirements of the EPBC Act can lead to various civil and criminal consequences. While the specific offences and penalties are not detailed in the provided text, it is clear that any failure to comply with the act's provisions could result in legal action. The act aims to protect significant environmental assets, and non-compliance could lead to fines, legal penalties, or other enforcement actions. The Department of Climate Change, Energy, the Environment and Water is committed to ensuring that all notifications and approvals are processed correctly to uphold the integrity of the act and protect the environment.