DEPARTMENT OF CLIMATE CHANGE, ENERGY, THE ENVIRONMENT AND WATER
Environment Protection and Biodiversity Conservation Act 1999
EPBC Act Part 7-9 decisions published, 26/09/2022 to 02/10/2022
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 |
2022/09295 | Tasmanian Irrigation Pty Ltd / Water Management and Use / Macquarie River Catchment - Northern Midlands Council region, between Poatina / Powranna and Mona Vale / Tasmania / Northern Midlands Irrigation Scheme | - Listed threatened species and communities (sections 18 & 18A)
| 26/09/2022 |
2022/09208 | Ashton Coal Operations Pty Limited / Mining / Ravensworth Underground Mine, Lemington Road, Ravensworth, NSW, 2330. / New South Wales / Ashton Coal Operations Ravensworth Underground Mine | - Listed threatened species and communities (sections 18 & 18A)
- A water resource, in relation to coal seam gas development and large coal mining development (sections 24D & 24E)
| 27/09/2022 |
2022/09283 | ICA Investment Services Pty Ltd / Energy Generation and Supply (renewable) / multiple properties from Mt Rawdon Gold Mine to Morganville / Queensland / Mt Rawdon Pumped Hydro Transmission Line | - Listed threatened species and communities (sections 18 & 18A)
| 27/09/2022 |
2022/09293 | Origin Energy Eraring PTY Limited / Energy Generation and Supply (renewable) / Kangaroo Valley and Fitzroy Falls (multiple locations) / New South Wales / Shoalhaven Hydro Expansion | - Listed threatened species and communities (sections 18 & 18A)
| 28/09/2022 |
Assessment Approach (EPBC Act s.87)
Reference | Title | Assessment Approach | Date |
2022/09295 | Tasmanian Irrigation Pty Ltd / Water Management and Use / Macquarie River Catchment - Northern Midlands Council region, between Poatina / Powranna and Mona Vale / Tasmania / Northern Midlands Irrigation Scheme | Preliminary Documentation | 26/09/2022 |
2022/09208 | Ashton Coal Operations Pty Limited / Mining / Ravensworth Underground Mine, Lemington Road, Ravensworth, NSW, 2330. / New South Wales / Ashton Coal Operations Ravensworth Underground Mine | Preliminary Documentation | 27/09/2022 |
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2021/8975 | Osprey Property Pty Ltd / Residential Development / between Hunt Road and Rossetta Road, Burpengary / Queensland / Hunt Road, Burpengary - Residential Development | Approved with conditions | 21/09/2022 |
NOTICE OF EXTENSION OF TIME (EPBC Act s.130(4))
Reference | Title | Extended to | Date |
2021/8885 | Atlas Iron Pty Ltd / Mining / between Port Hedland and Marble Bar / Western Australia / Sanjiv Ridge Project - Stage 2 | 7/10/2022 | 21/09/2022 |
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 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 Commonwealth Parliament to address the need for comprehensive environmental protection, particularly concerning matters of national environmental significance. This Act provides a framework for the protection of the environment, including threatened species, ecological communities, and heritage places, by regulating activities that may have a significant impact. The EPBC Act aims to ensure that developments and actions are managed in a way that minimises environmental harm and promotes biodiversity conservation. The Department of Climate Change, Energy, the Environment and Water is responsible for administering the Act, ensuring that notifications and approvals are processed within the stipulated timeframes, and maintaining transparency through public notifications. Any instances where notifications are missed or delayed are rectified as soon as identified, to uphold the integrity of the environmental protection process.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of activities that may impact on matters of national environmental significance, including listed threatened species and communities, water resources in relation to certain types of development, and World Heritage properties. The Act applies to individuals, corporations, and other entities, regardless of whether they are Australian or foreign, and to actions occurring within Australia's jurisdiction, including its territorial sea. The Act also extends to actions outside Australia's jurisdiction if they are likely to significantly affect a matter of national environmental significance. However, the Act excludes certain activities, such as those related to defence or international agreements, and certain types of development are subject to exemptions or thresholds. The Act may be extended or restricted through subordinate instruments, such as regulations or guidelines, issued by the relevant Minister.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) contains several key provisions that govern environmental protection and biodiversity conservation in Australia. Section 75 of the EPBC Act provides for the approval of actions that may impact matters of national environmental significance. These include listed threatened species and ecological communities (section 18 and 18A), water resources in relation to coal seam gas and large coal mining developments (section 24D and 24E). The Act also mandates that certain actions undergo assessment before approval can be granted, as outlined in section 87, which requires preliminary documentation for evaluation. In the context of this Act, Section 133 outlines the process for approving actions with conditions, and Section 130(4) allows for the extension of time for decision-making. In the period from 26 September 2022 to 2 October 2022, several decisions and notifications were published under the EPBC Act.
The EPBC Act imposes a variety of obligations and requirements on entities and individuals seeking approval for actions that may impact the environment. For example, proponents must submit detailed documentation as specified under section 87, which includes information about potential environmental impacts, particularly on listed threatened species and communities, and water resources. They are also required to adhere to the timelines set out for the submission of this documentation and any subsequent decision-making processes. Furthermore, if an action is approved, proponents must comply with any conditions imposed on the approval, which may include environmental management plans, mitigation measures, or monitoring requirements. The Act also requires proponents to engage with relevant stakeholders and the public, ensuring transparency and community involvement in the decision-making process.
Failure to comply with the provisions of the EPBC Act can result in various consequences, including both civil and criminal penalties. Section 528 of the Act outlines the penalties for non-compliance, which can include fines up to a significant amount, depending on the severity of the offence. For instance, wilful interference with an approved action or causing harm to listed threatened species can result in substantial fines or imprisonment. Additionally, section 528A of the Act allows for the imposition of civil penalties for non-compliance, which can further include fines and legal costs. It is important for entities and individuals to carefully follow the requirements of the EPBC Act to avoid these potential penalties and to ensure the protection of Australia's environment and biodiversity.