DEPARTMENT OF CLIMATE CHANGE, ENERGY, THE ENVIRONMENT AND WATER
Environment Protection and Biodiversity Conservation Act 1999
EPBC Act Part 7-9 decisions published, 24/07/2023 to 30/07/2023
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 |
2023/09539 | SCONI MINING OPERATIONS PTY LTD / Mining / Greenvale Nickel Mine, Gregory Developmental Road, Greenvale, Queensland, 4816 / Queensland / Sconi Battery Minerals Project | - Listed threatened species and communities (sections 18 & 18A)
- Commonwealth land (26 & 27A)
| 24/07/2023 |
actions determined as NOT requiring approval (EPBC Act s.75)
Reference | Title | Date |
2023/09552 | BORAL RESOURCES (NSW) PTY LTD / Mining / Fig Hill Lane, Dunmore, NSW / New South Wales / Dunmore Lakes Sand Project Modification 2 Pond 5B extraction | 27/07/2023 |
Assessment Approach (EPBC Act s.87)
Reference | Title | Assessment Approach | Date |
2023/09539 | SCONI MINING OPERATIONS PTY LTD / Mining / Greenvale Nickel Mine, Gregory Developmental Road, Greenvale, Queensland, 4816 / Queensland / Sconi Battery Minerals Project | Accredited Assessment Process under the Queensland Environmental Protection Act 1994 | 24/07/2023 |
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2018/8222 | AUSTRALIAN RAIL TRACK CORPORATION LIMITED / Transport - Land / Various lots / New South Wales / Inland Rail North Star to Qld Border, NSW | Approved with conditions | 21/07/2023 |
NOTICE OF EXTENSION OF TIME (EPBC Act s.130(4))
Reference | Title | Extended to | Date |
2018/8259 | AUSTRALIAN RAIL TRACK CORPORATION LIMITED / Transport - Land / Between Narromine and Narrabri, NSW / New South Wales / Inland Rail - Narromine to Narrabri, NSW | 31/08/2023 | 19/07/2023 |
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 (Cth) was enacted to address the protection of the environment and biodiversity, particularly in relation to actions that may have significant impacts. The Act was introduced by the Australian Parliament with the policy objective of providing a national framework for the protection and management of the environment, particularly in relation to the protection of matters of national environmental significance. The Act empowers the Commonwealth to regulate actions that may have a significant impact on the environment, including actions that affect listed threatened species, communities and ecological places, and actions that involve nuclear actions, or actions that are likely to have a significant impact on the world heritage properties or the marine environment. The Department of Climate Change, Energy, the Environment and Water is responsible for the administration of the Act and the oversight of the approvals process for actions that may have a significant impact on the environment. The department has implemented systems and ongoing quality assurance procedures to ensure that notifications are not missed and that the approvals process is transparent and efficient.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to actions that may have significant impacts on matters of national environmental significance, such as listed threatened species and communities, World Heritage properties, and Commonwealth land. The Act governs various entities and individuals, including companies like SCONI Mining Operations Pty Ltd and Boral Resources (NSW) Pty Ltd, and covers a range of activities such as mining and modifications to mining operations. The Act has a national jurisdictional reach across Australia, affecting both state and territory lands, and its provisions extend to the Commonwealth. Certain exclusions and exemptions exist, particularly when actions are already regulated under other legislation, and some actions may not require approval if they do not significantly impact the protected matters. Subordinate instruments may further refine the application of the Act by specifying additional criteria or processes. The Act's enforcement is supported by quality assurance procedures to ensure compliance and timely notifications, despite occasional delays.
Key Provisions
The Gazetted decisions under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) outline various actions and approvals concerning significant environmental projects and operations. For instance, in the case of Sconi Mining Operations Pty Ltd, the company's proposal for the Greenvale Nickel Mine in Queensland has been determined to require approval under sections 18 and 18A, which pertain to listed threatened species and communities, as well as sections 26 and 27A, which deal with Commonwealth land (EPBC Act s.75). This determination was made on 24/07/2023, indicating that the project's potential environmental impacts on protected species and Commonwealth land necessitate further scrutiny.
Entities governed by the EPBC Act, such as Sconi Mining Operations Pty Ltd, are required to comply with the specified sections that pertain to their project. This involves preparing detailed environmental impact assessments and proposals that address the potential effects on listed threatened species, communities, and Commonwealth land. They must also engage with relevant stakeholders and the Department of Climate Change, Energy, the Environment and Water to ensure all regulatory requirements are met. Furthermore, the assessment approach for the Greenvale Nickel Mine will follow the accredited process under the Queensland Environmental Protection Act 1994, as stated in section 87 of the EPBC Act.
Breaches of the EPBC Act can lead to significant consequences, both civil and criminal. The Act includes provisions for offences and penalties where there is non-compliance with the required assessments or approvals. For example, if a company fails to adhere to the conditions set forth in their approval, or if they undertake actions that have not been approved, they may face legal action. The maximum penalties for such offences can include substantial fines and, in some cases, imprisonment. It is crucial for entities to fully understand and comply with their obligations under the Act to avoid these repercussions. The Department of Climate Change, Energy, the Environment and Water also highlights that while missed notifications might occur, they strive to rectify these by issuing late notifications to maintain transparency and public access to information.