DEPARTMENT OF AGRICULTURE, WATER AND THE ENVIRONMENT
Environment Protection and Biodiversity Conservation Act 1999
EPBC Act Part 7-9 decisions published, 25/04/2022 to 01/05/2022
For further information see the referrals list at http://epbcnotices.environment.gov.au/referralslist/
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 |
2022/9152 | Yilgarn Iron Limited / Mining / Northern Yilgarn / Western Australia / Mt Richardson Iron Ore Project and Northern Yilgarn Haul Road | - Listed threatened species and communities (sections 18 & 18A)
| 7/04/2022 |
2021/9130 | Ausbuild Pty Ltd / Residential Development / 65-117 Warner Road, Warner / Queensland / Warner South Residential Development | - Listed threatened species and communities (sections 18 & 18A)
| 22/04/2022 |
2022/9163 | Flotation Energy Pty Ltd / Energy Generation and Supply (renewable) / offshore Ninety Mile Beach / Commonwealth Marine / Seadragon Offshore Wind Farm | - Wetlands of international importance (sections 16 & 17B)
- Listed threatened species and communities (sections 18 & 18A)
- Listed migratory species (sections 20 & 20A)
- Commonwealth marine areas (sections 23 & 24A)
| 22/04/2022 |
2022/9165 | Tasmanian Advanced Minerals / Mining / Blackwater Road, West Coast / Tasmania / Blackwater South Mine Silica Deposit | - Listed threatened species and communities (sections 18 & 18A)
| 26/04/2022 |
actions determined as NOT requiring approval (EPBC Act s.75)
Reference | Title | Date |
2021/8900* | APA Northern Goldfields Interconnect Pty Ltd / Mining / Mid West and Goldfields regions / Western Australia / Northern Goldfields Interconnect Pipeline | 7/04/2022 |
2021/9114* | Department of State Growth / Transport - Land / the River Derwent between the suburbs of Granton and Bridgewater / Tasmania / New Bridgewater Bridge | 21/04/2022 |
* Actions which are not controlled actions provided they are undertaken in a particular manner. Further information on provision and manner specified is available from http://epbcnotices.environment.gov.au/referralslist/
Assessment Approach (EPBC Act s.87)
Reference | Title | Assessment Approach | Date |
2022/9163 | Flotation Energy Pty Ltd / Energy Generation and Supply (renewable) / offshore Ninety Mile Beach / Commonwealth Marine / Seadragon Offshore Wind Farm | Environmental Impact Statement | 22/04/2022 |
2021/9130 | Ausbuild Pty Ltd / Residential Development / 65-117 Warner Road, Warner / Queensland / Warner South Residential Development | Preliminary Documentation | 22/04/2022 |
2022/9165 | Tasmanian Advanced Minerals / Mining / Blackwater Road, West Coast / Tasmania / Blackwater South Mine Silica Deposit | Preliminary Documentation | 26/04/2022 |
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2020/8623 | AGL Macquarie Pty Ltd / Energy Generation and Supply (non-renewable) / Muswellbrook / New South Wales / Bayswater Power Station Water Infrastructure Upgrade | Approved with conditions | 14/04/2022 |
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 Agriculture, Water and the Environment or may not meet timeframes for notification. The Department of Agriculture, Water and the Environment 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 Agriculture, Water and the Environment 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 provide for the protection of the environment, particularly matters of national environmental significance, by regulating activities that may have a significant impact on the environment. The Act was introduced to address the need for a comprehensive framework to protect Australia's environment, including its biodiversity, ecosystems, heritage places, and other significant natural and cultural resources. The EPBC Act serves as a crucial tool for the Australian government to ensure sustainable development and management of the country's natural resources. The policy objective of the Act is to promote the conservation and sustainable use of Australia's environment and biodiversity, while also facilitating economic development in a responsible and sustainable manner.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of activities, entities, and industries across Australia, with a focus on protecting the environment, particularly threatened species, communities, migratory species, and wetlands of international importance. The Act covers both Commonwealth and state lands and waters, making its reach national in scope. It applies to both individuals and companies, encompassing various industries such as mining, residential development, and energy generation and supply. The Act's application extends through subordinate instruments, which may further define or specify the scope of its provisions. Certain actions may be excluded from the Act if they are undertaken in a particular manner, as outlined in the Act or specified referrals. Despite the Department of Agriculture, Water and the Environment's efforts to ensure timely notifications, there may be occasional instances of missed notifications, which are rectified as soon as identified to maintain transparency and public access to information.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a pivotal piece of legislation in Australia governing environmental protection and biodiversity conservation. Key sections of the Act include those dealing with controlling provisions (sections 16-24A), which outline the requirements for assessing and mitigating impacts on listed threatened species, communities, migratory species, wetlands of international importance, and Commonwealth marine areas. The Act also outlines specific processes for determining whether certain actions require approval (section 75) and the approach to be taken in assessing these actions (section 87). Decisions on the approval of actions are detailed under section 133 of the Act.
Under the EPBC Act, parties or entities must comply with the requirements for assessing and mitigating environmental impacts of their proposed actions. For instance, developers must prepare an Environmental Impact Statement (EIS) or preliminary documentation, depending on the nature and scale of the proposed action, to demonstrate how they will manage any potential impacts on listed environmental assets. These documents must be submitted to the Department of Agriculture, Water and the Environment for review and approval. In cases where an action is deemed to require approval, the Department must conduct a thorough assessment of the potential environmental impacts and decide whether to approve the action, either unconditionally or with conditions to mitigate those impacts.
Failure to comply with the requirements of the EPBC Act can result in various civil or criminal consequences. While the Act does not specify penalties for missed notifications, it does outline potential consequences for non-compliance with assessment and approval requirements. For example, undertaking a controlled action without approval can lead to fines of up to $666,000 for an individual or $3.33 million for a corporation, as well as potential imprisonment. Additionally, significant environmental harm resulting from non-compliance may also lead to further civil penalties. The Act's stringent provisions are designed to enforce compliance and protect Australia's biodiversity and environmental heritage.