DEPARTMENT OF CLIMATE CHANGE, ENERGY, THE ENVIRONMENT AND WATER
Environment Protection and Biodiversity Conservation Act 1999
EPBC Act Part 7-9 decisions published, 23/01/2023 to 29/01/2023
For further information see the referrals list at https://epbcpublicportal.awe.gov.au/all-referrals/
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variation of conditions of approval (EPBC Act s.143)
Reference | Title | Date |
2016/7701 | Bowen Basin Coal Pty Ltd / Mining / Golden Mile Road, Dysart / Queensland / Lake Vermont open cut coal northern extension project, central Qld | 6/01/2023 |
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 provide for the protection of the environment, particularly with respect to matters of national environmental significance. This legislation was introduced to address the need for a comprehensive framework that could protect and manage Australia’s biodiversity and environment in a coordinated and effective manner. The EPBC Act serves as a critical tool in preventing significant environmental harm caused by activities that fall under federal jurisdiction, including those impacting world heritage properties, wetlands of international significance, and listed threatened species and ecological communities. The policy objective of the Act is to ensure that development and other activities are managed in a way that minimises adverse environmental impacts, thereby supporting sustainable use of natural resources and conservation efforts.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of entities and activities across Australia, governing actions that may have significant impacts on matters of national environmental significance. This includes any person, entity, or industry undertaking actions that require approval under the Act, such as actions that might impact listed threatened species and ecological communities, World Heritage properties, wetlands of international significance, or the marine environment. The Act's jurisdictional reach is national, as it is a Commonwealth Act, meaning it applies across all states and territories of Australia. The EPBC Act also extends its application through subordinate instruments, which may provide further detail or specific conditions for particular types of activities or developments. Despite its broad application, certain activities may be exempt from the requirements of the Act, such as actions already regulated under state or territory laws, or minor actions that are unlikely to significantly impact matters of national environmental significance. The Act also includes provisions for the variation of conditions of approval, as demonstrated by the recent decision regarding the Bowen Basin Coal Pty Ltd project in Queensland.
Key Provisions
The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) as referenced in the Gazette include Section 143, which pertains to the variation of conditions of approval for specific projects. In this case, Section 143 relates to the Bowen Basin Coal Pty Ltd's project for the northern extension of the Lake Vermont open cut coal mine in Queensland (s.143). This section allows for adjustments to be made to the conditions under which a project can proceed, provided that these changes are approved by the relevant authorities.
The Act imposes several obligations and requirements on the parties involved, including Bowen Basin Coal Pty Ltd in this instance. These obligations include adhering to the conditions set forth in the approval process, which may be varied under Section 143. The Act mandates that any changes to the project must be communicated to the public, as outlined in the Gazette and through other notifications. Bowen Basin Coal Pty Ltd must ensure that all stakeholders are informed of any modifications to the project scope, timeline, or conditions, thereby maintaining transparency and compliance with the regulatory framework.
Should there be a failure to meet the notification requirements as stipulated in the EPBC Act, the legislation outlines potential consequences. While the Act does not explicitly state penalties for missed notifications, it does emphasise the importance of timely and accurate communication to the public. The Department of Climate Change, Energy, the Environment and Water has put in place measures to rectify any missed notifications, even if they occur beyond the prescribed timeframes. This proactive approach ensures that the public remains informed about the status of each referral, although it does not negate the importance of adhering to the notification deadlines. The department’s commitment to quality assurance aims to mitigate any risks associated with missed notifications and to uphold the integrity of the referral process.