DEPARTMENT OF CLIMATE CHANGE, ENERGY, THE ENVIRONMENT AND WATER
Environment Protection and Biodiversity Conservation Act 1999
EPBC Act Part 7-9 decisions published, 24/04/2023 to 30/04/2023
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 |
2022/09440 | GPT PLATFORM PTY LIMITED / Commercial Development / 485 Cooper St, Epping / Victoria / Industrial Estate Development Project | - Listed threatened species and communities (sections 18 & 18A)
| 13/04/2023 |
2022/09437 | WILAN WIND FARM PTY LTD (Previously Kilara Utilities Pty Ltd) / Energy Generation and Supply (renewable) / 35812 Sturt Highway, Keri Keri, NSW 2711 / New South Wales / Wilan Wind Farm | - Listed threatened species and communities (sections 18 & 18A)
- Listed migratory species (sections 20 & 20A)
| 19/04/2023 |
2023/09463 | Bulletin Resources Limited / Exploration (mineral, oil and gas - non-marine) / The Proposed Action is located off Cocanarup Road on Mining Act 1978 tenure (Exploration Lease E74/655). It is not identified within the cadastre. / Western Australia / Ravensthorpe Lithium Project | - Listed threatened species and communities (sections 18 & 18A)
| 20/04/2023 |
actions determined as NOT requiring approval (EPBC Act s.75)
Reference | Title | Date |
2023/09464 | City of Armadale / Transport - Land / 3265 Albany Hwy ARMADALE 6112 and 40617 Carradine Rd BEDFORDALE 6112 / Western Australia / Tree removal for Nerrigen Brook culvert repair, Armadale. | 21/04/2023 |
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2021/8937 | Gunyar Pty Limited / Commercial Development / , CSIRO Forestry Precinct, Banks Street, Yarralumla / Australian Capital Territory / Forestry Place Redevelopment of CSIRO Yarralumla, Block 7 Section 4 Yarralumla, ACT | Approved with conditions | 17/04/2023 |
2022/09220 | Morisset Land Fund Pty Ltd / Commercial Development / 126 Dora Street Morisset, NSW / New South Wales / Caravan Park & Lifestyle Living | Approved with conditions | 24/04/2023 |
2022/09400 | Department of Finance / Commonwealth Development / Block 1 Section 35 and Section 21 and the Dorothy Tangney Place Road Reserve, Kings Avenue Road Reserve, Parkes / Australian Capital Territory / John Gorton Campus Carpark | Approved with conditions | 27/04/2023 |
variation of conditions of approval (EPBC Act s.143)
Reference | Title | Date |
2017/8095 | JOLIFIELDS DEVELOPMENTS PTY LTD & The Trustee for Morehampton Capital & The Trustee for the Goldfields QLD Trust / Residential Development / Lot 3 on SP237241 / Queensland / Ripley Road residential development, Ripley Valley, Qld | 20/04/2023 |
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 address the need for a comprehensive framework for the protection of the environment, particularly with regard to matters of national environmental significance. This Act aims to safeguard Australia’s biodiversity, endangered species, and ecological communities, as well as to manage the impacts of key activities on the environment. One of the key objectives of the EPBC Act, as stated in the text, is to provide for the quality assurance of notifications related to the processing of referrals for approval, ensuring that any missed notifications are subsequently communicated to the public to maintain transparency and accountability. The Department of Climate Change, Energy, the Environment and Water is responsible for implementing the provisions of the EPBC Act and has established systems and ongoing quality assurance procedures to minimise the risk of missed notifications and to ensure that any identified lapses are rectified by notifying the public even if the notification timeframe has passed.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of activities and entities, including individuals, companies, and government entities, that may have a significant impact on matters of national environmental significance. This encompasses actions such as development projects, resource exploration and extraction, and land use changes. The Act's jurisdiction extends across the entire Commonwealth of Australia, including its territories, and applies to both public and private sector actions. The EPBC Act includes specific exclusions and exemptions, such as activities that are regulated under other federal or state legislation, and certain low-impact activities that are listed in regulations. The Act's application can be extended or restricted through the use of subordinate instruments, such as regulations and guidelines, which provide further detail on the types of activities that require approval and the conditions that may apply.
Key Provisions
The Gazetted notifications under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) from April 24, 2023, to April 30, 2023, include several decisions on actions requiring or not requiring approval, as well as variations of conditions of approval. Section 75 of the EPBC Act governs actions determined to require approval, such as the "Industrial Estate Development Project" in Victoria (Reference 2022/09440) and the "Wilan Wind Farm" in New South Wales (Reference 2022/09437). These actions typically involve developments that may impact listed threatened species and communities, as outlined in sections 18 and 18A of the EPBC Act. Another project, the "Ravensthorpe Lithium Project" in Western Australia (Reference 2023/09463), also falls under this category. Conversely, actions not requiring approval, such as the "Tree removal for Nerrigen Brook culvert repair" in Western Australia (Reference 2023/09464), are governed by section 75 of the Act as well.
The EPBC Act imposes certain obligations and requirements on the parties or entities it governs. For actions requiring approval, developers must submit detailed proposals to the Department of Climate Change, Energy, the Environment and Water, which assesses the potential environmental impact. This includes considering the effects on listed threatened species and communities (sections 18 and 18A) and listed migratory species (sections 20 and 20A). Approved actions come with specific conditions to mitigate any adverse environmental impacts. For example, the "Forestry Place Redevelopment of CSIRO Yarralumla" in the Australian Capital Territory (Reference 2021/8937) and the "Caravan Park & Lifestyle Living" in New South Wales (Reference 2022/09220) were approved with conditions. Variations of conditions of existing approvals, such as the "Ripley Road residential development" in Queensland (Reference 2017/8095), are also subject to review and amendment as necessary.
The EPBC Act also delineates offences, penalties, and consequences for breaches of its provisions. Non-compliance with the Act or approved conditions can result in significant penalties. While specific penalties are not detailed in the Gazetted notifications, the EPBC Act generally provides for both civil and criminal penalties. Civil penalties can include fines up to $1.1 million for individuals and $5.5 million for corporations, as stipulated in section 518 of the Act. Criminal penalties can include imprisonment, with the severity depending on the nature and extent of the offence. The Department of Climate Change, Energy, the Environment and Water ensures rigorous enforcement to uphold the Act's environmental protections.