DEPARTMENT OF CLIMATE CHANGE, ENERGY, THE ENVIRONMENT AND WATER
Environment Protection and Biodiversity Conservation Act 1999
EPBC Act Part 7-9 decisions published, 22/01/2024 to 28/01/2024
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 NOT requiring approval (EPBC Act s.75)
Reference | Title | Date |
2023/09650 | Daniel Sealey / Commonwealth / Old South Head Road, Vaucluse NSW 2030 / New South Wales / Greenway Wall - Macquarie Lightstation Conservation | 18/01/2024 |
2023/09673 | DERRICK D'SOUZA / Residential Development / 21 Marina Quay Drive, Erskine / Western Australia / Marina Quay Residential Development | 19/01/2024 |
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2022/09343 | BARWON REGION WATER CORPORATION / Water Management and Use / Colac-Olangolah Pipeline Trak and Pipeline Road, Barongarook and Kawarren / Victoria / Colac Pipeline Upgrade – Sections 19, 20, 21, 23 & 25i | Approved with conditions | 17/01/2024 |
NOTICE OF EXTENSION OF TIME (EPBC Act s.130(4))
Reference | Title | Extended to | Date |
2021/9018 | Elecseed Pty Ltd / Energy Generation and Supply (renewable) / Lot 4 DY457 / Queensland / Kumbarilla Renewable Energy Park, 40kms west Dalby | 23/02/2024 | 17/01/2024 |
2020/8693 | Z1Z Resorts Pty Ltd / Commercial Development / Ningaloo Lighthouse Holiday Park, near Exmouth / Western Australia / Ningaloo Lighthouse Development, 17km north west Exmouth, Western Australia | 09/02/2024 | 18/01/2024 |
2022/09214 | Virya Energy Ptd Limited / Energy Generation and Supply (renewable) / 1735 Moonbria Road, Mabins Well. Full list Att B1-Lots-DPs-2022.pdf / New South Wales / Yanco Delta Wind Farm | 22/02/2024 | 24/01/2024 |
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 Commonwealth Parliament to address the need for a unified approach to the protection of the environment and biodiversity across Australia. The Act was introduced to fill a gap in the coordination of environmental protection measures among federal, state, and territory jurisdictions. It aims to protect matters of national environmental significance by providing a framework for the assessment and approval of activities that may impact these areas. The Act includes provisions for the protection of world heritage properties, national heritage places, wetlands of international significance, listed threatened species and ecological communities, and the marine environment. The EPBC Act is overseen by the Department of Climate Change, Energy, the Environment and Water, which is responsible for implementing the provisions of the Act, including the timely notification of decisions related to the approval or exemption of actions that may affect the environment. The department has established systems and quality assurance procedures to ensure that notifications are made within the required timeframes, with a commitment to notify the public of any missed notifications to maintain transparency and accountability.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of entities and individuals, including Commonwealth and state governments, as well as private sector entities such as corporations and individuals, whenever their actions, projects, or developments may impact matters of national environmental significance. This includes threatened species and ecological communities, World Heritage properties, wetlands of international significance, and other areas protected under the EPBC Act. The jurisdictional reach of the Act is national, impacting activities across all states and territories in Australia, as well as external territories. There are, however, exclusions and exemptions specified within the Act, such as certain agricultural activities, minor works, and projects that have already been assessed and approved under other legislative frameworks. The Act's application can be extended or restricted through subordinate instruments, such as regulations and guidelines, which provide further detail on specific requirements and exemptions. These instruments allow for flexibility and specificity in the implementation of the Act across various sectors and activities.
Key Provisions
The Gazette C2024G00128 from the Department of Climate Change, Energy, the Environment and Water details recent decisions made under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 75 of the Act clarifies that certain actions do not require approval, such as the Greenway Wall - Macquarie Lightstation Conservation project at Old South Head Road, Vaucluse, NSW (reference 2023/09650), which was determined not to require approval on 18 January 2024, and the Marina Quay Residential Development in Erskine, WA (reference 2023/09673), decided on 19 January 2024. Meanwhile, Section 133 of the Act addresses approvals, exemplified by the approval with conditions for the Colac Pipeline Upgrade – Sections 19, 20, 21, 23 & 25i project in Barongarook and Kawarren, Victoria (reference 2022/09343), which was approved on 17 January 2024.
The Act also outlines obligations on parties involved in activities that may impact matters of national environmental significance. These obligations include the need for proponents to submit detailed referral applications and for the Department to review these applications to determine whether they require approval. Section 130(4) of the Act provides for extensions of time for proponents to submit further information, as seen with the Kumbarilla Renewable Energy Park in Queensland (reference 2021/9018), where the deadline was extended to 23 February 2024, and the Yanco Delta Wind Farm in New South Wales (reference 2022/09214), extended to 22 February 2024.
For those who fail to comply with the Act’s requirements, there are significant consequences. The Act outlines both civil and criminal penalties for non-compliance. Civil penalties can include fines up to the statutory maximum of $750,000 for corporations and $75,000 for individuals, as stipulated in the relevant sections of the Act. Additionally, criminal penalties may apply, with potential imprisonment terms for serious breaches. The Act ensures that these penalties serve as deterrents to non-compliance and promote adherence to environmental protection and biodiversity conservation standards.