DEPARTMENT OF CLIMATE CHANGE, ENERGY, THE ENVIRONMENT AND WATER
Environment Protection and Biodiversity Conservation Act 1999
EPBC Act Part 7-9 decisions published, 26/02/2024 to 03/03/2024
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 requiring approval (EPBC Act s.75)
Reference | Title | Controlling Provisions | Date |
2023/09654 | IPLEX PIPELINES AUSTRALIA PTY LIMITED / Commercial Development / 31 Terry Court, Thurgoona NSW 2640 (Lot 1 DP1000650) / New South Wales / Concrete hardstand and associated infrastructure construction, Commercial factory expansion project | - Listed threatened species and communities (sections 18 & 18A)
| 29/02/2024 |
Assessment Approach (EPBC Act s.87)
Reference | Title | Assessment Approach | Date |
2023/09694 | Rossiter Road Investments Pty Ltd / Commercial Development / 145 Rossiter Road, Koo Wee Rup, Victoria 3981 / Victoria / Rossiter Park | Preliminary Documentation | 28/02/2024 |
2023/09654 | IPLEX PIPELINES AUSTRALIA PTY LIMITED / Commercial Development / 31 Terry Court, Thurgoona NSW 2640 (Lot 1 DP1000650) / New South Wales / Concrete hardstand and associated infrastructure construction, Commercial factory expansion project | Preliminary Documentation | 29/02/2024 |
NOTICE OF EXTENSION OF TIME (EPBC Act s.130(4))
Reference | Title | Extended to | Date |
2020/8647 | Lower Murray Urban and Rural Water Corporation / Water Management and Use / Nyah-Vinifera Park, Vinifera, Victoria, 3594, Australia / Victoria / Vinifera Floodplain Restoration Project, Vic | 28/03/2024 | 29/02/2024 |
2020/8648 | Lower Murray Urban and Rural Water Corporation / Water Management and Use / Nyah-Vinifera Park / Victoria / Nyah Floodplain Restoration Project | 28/03/2024 | 29/02/2024 |
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 Australian Parliament to provide for the protection of the environment, particularly with regard to matters of national environmental significance. The Act was introduced to address the gap in environmental protection and management, particularly concerning species and ecosystems that are at risk of extinction and the need for a coordinated national approach to environmental conservation. The EPBC Act aims to protect and manage the environment by regulating activities that have, or might have, a significant impact on the environment, including listed threatened species and ecological communities, World Heritage properties, and other areas of national environmental significance. The Department of Climate Change, Energy, the Environment and Water is responsible for administering the EPBC Act, ensuring that it meets its policy objectives of protecting the environment and promoting sustainable development.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various entities and individuals, primarily those involved in actions that may impact matters of national environmental significance, including listed threatened species and communities. This Act governs actions in Australia, both within Commonwealth and state jurisdictions, focusing on the protection of the environment and biodiversity. The Act covers a broad range of activities, including commercial developments, water management, and infrastructure projects, requiring these to be assessed for their potential environmental impacts. Certain exemptions and exclusions apply, such as those activities specifically listed under the Act or those that fall below certain thresholds deemed to have negligible impact. The Act's application can be extended or restricted through subordinate instruments, ensuring its scope adapts to emerging environmental challenges and industry practices. Despite occasional delays in notifications, the Act ensures that any missed notifications are still communicated to the public to maintain transparency and uphold environmental standards.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) outlines several key provisions that require or permit certain actions concerning environmental protection and biodiversity conservation. Section 75 of the Act requires the Minister to approve, modify, or reject proposals that are likely to have a significant impact on matters of national environmental significance (NES). Section 87 establishes the assessment approach for these proposals, while Section 130(4) allows for extensions of time for certain decisions, as seen in the notices for the Lower Murray Urban and Rural Water Corporation’s projects (references 2020/8647 and 2020/8648).
The Act imposes specific obligations on parties involved in activities that require ministerial approval. These parties must submit detailed proposals and documentation, including preliminary documentation as required under Section 87. For example, IPLEX PIPELINES AUSTRALIA PTY LIMITED and Rossiter Road Investments Pty Ltd have submitted preliminary documentation for their respective projects. The Act also mandates that the Department of Climate Change, Energy, the Environment and Water implement systems to ensure timely and accurate notifications to the public, as per Section 130(4).
Failure to comply with the requirements of the EPBC Act may result in various civil and criminal consequences. Although specific penalties are not detailed in the provided text, non-compliance generally could lead to fines, legal action, and the potential halting of projects until the required approvals are obtained. The Act also includes provisions for the enforcement of its requirements, ensuring that activities are conducted in a manner that protects the environment and biodiversity. The Department of Climate Change, Energy, the Environment and Water takes any missed notifications seriously and ensures that all notifications are made, even if they are late, to maintain transparency and public trust.