DEPARTMENT OF CLIMATE CHANGE, ENERGY, THE ENVIRONMENT AND WATER
Environment Protection and Biodiversity Conservation Act 1999
EPBC Act Part 7-9 decisions published, 28/08/2023 to 03/09/2023
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 |
2023/09544 | Eastern Rise OWP Project Pty Ltd / Energy Generation and Supply (renewable) / 330kV Tomago Switchyard 6 Epsom Drive Tomago 2322 / Commonwealth Marine / Eastern Rise Offshore Wind Project | - 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)
| 30/08/2023 |
actions determined as NOT requiring approval (EPBC Act s.75)
Reference | Title | Date |
2023/09506 | Health Infrastructure / Science and Research / Lot 2, North of Princes Highway, Moruya, NSW, 2537, Princes Highway Access: -35.924007, 150.091757 / New South Wales / Eurobodalla Regional Hospital | 28/08/2023 |
2023/09561 | DEPARTMENT OF TRANSPORT AND PLANNING / Transport - Land / The 32 locations of the Project are dispersed along the existing rail line between Ararat and Maryborough. / Victoria / Murray Basin Rail Project – Ararat to Maryborough rail line Occupation Crossings Upgrade | 28/08/2023 |
2023/09567 | Major Projects Canberra / Transport - Land / Block 2 Section 75 is the northern most point of the project area and is the access point for the receival pit of the Lake Burley Griffin underbore. / Australian Capital Territory / Commonwealth Avenue Utility Relocation | 28/08/2023 |
Assessment Approach (EPBC Act s.87)
Reference | Title | Assessment Approach | Date |
2023/09544 | Eastern Rise OWP Project Pty Ltd / Energy Generation and Supply (renewable) / 330kV Tomago Switchyard 6 Epsom Drive Tomago 2322 / Commonwealth Marine / Eastern Rise Offshore Wind Project | Environmental Impact Statement | 30/08/2023 |
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2021/9127 | SOJITZ BLUE PTY LTD / Mining / 2993 Lilyvale Rd, Lilyvale / Queensland / Gregory Crinum Coal Mine M-Block Extension Project | Approved with conditions | 30/08/2023 |
variation of conditions of approval (EPBC Act s.143)
Reference | Title | Date |
2003/1294 | CHEVRONTEXACO AUSTRALIA / Energy Generation and Supply (non-renewable) / Gorgon / Western Australia / Gorgon Gas Development | 7/08/2023 |
2008/4178 | Chevron Australia Pty Ltd / Energy Generation and Supply (non-renewable) / Barrow Island / Western Australia / Gorgon Gas Revised Development (Primary MARA Gorgon Folder) | 7/08/2023 |
2011/5942 | Chevron Australia Pty Ltd / Mining / Offshore Gorgon Gas Fields to Barrow Island 60 km NW of WA / Western Australia / Gorgon Gas Development 4th Train Proposal | 7/08/2023 |
2019/8471 | MAIN ROADS / Transport - Land / Road reserve, including existing roads, lots and easements / Western Australia / Bunbury Outer Ring Road Northern and Central Section Project, WA | 25/08/2023 |
NOTICE OF EXTENSION OF TIME (EPBC Act s.130(4))
Reference | Title | Extended to | Date |
2021/9030 | Edify Energy Pty Ltd / Energy Generation and Supply (renewable) / 460 Dodsons Road, Smoky Creek / Queensland / Smoky Creek Solar Farm | 27/09/2023 | 29/08/2023 |
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 provide for the protection of the environment, particularly with respect to matters of national environmental significance, by establishing a framework for the assessment and approval of activities that may impact the environment. The Act was introduced to address the need for a comprehensive national approach to environmental protection and to ensure that environmental considerations are integrated into decision-making processes at all levels of government. The Act is administered by the Australian Parliament and its policy objective is to protect and manage the environment, particularly with respect to biodiversity and heritage, by providing for the assessment and approval of activities that may have a significant impact on the environment. The Act seeks to balance environmental protection with economic and social considerations, and to promote sustainable development.
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 actions that affect listed threatened species and communities, listed migratory species, wetlands of international importance, and Commonwealth marine areas. The Act applies to individuals, companies, and government entities undertaking actions that may have environmental impacts, particularly those that are significant. It has a national jurisdictional reach, covering actions throughout Australia and its external territories, and includes provisions for determining the necessity of approval for certain activities. The Act may extend or restrict its application through subordinate instruments, which can provide further detail on the types of activities subject to its provisions. The Act also includes provisions for exemptions and exclusions, such as where actions are already covered by other legislation or where the impact is deemed to be insignificant. The Department of Climate Change, Energy, the Environment and Water is responsible for administering the Act and ensuring compliance, and has implemented quality assurance procedures to minimise missed notifications and ensure transparency in the referral and approval process.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) outlines several key sections relevant to the operation of environmental protection and biodiversity conservation. Sections 75 and 133, for instance, require the Minister to determine whether certain actions will require approval under the Act (s.75), and if so, to approve or not approve the action, including conditions for approval (s.133). Section 143 allows for the variation of the conditions of an approval. Section 87 pertains to the assessment approach to be taken for certain actions, which can include the requirement for an Environmental Impact Statement. Section 130(4) provides for the extension of time for the Minister to make a decision on an approval or refusal of an action.
The EPBC Act imposes various obligations on parties or entities it governs. These include providing information to the Minister regarding proposed actions that may impact matters of national environmental significance (s.75), preparing an Environmental Impact Statement where required (s.87), and complying with any conditions imposed on an approval (s.143). Additionally, entities must adhere to the assessment approach outlined in the Act when preparing assessments of their proposed actions.
Failure to comply with the requirements of the EPBC Act can result in significant consequences. Offences under the Act can lead to civil or criminal penalties. For example, knowingly making a false or misleading statement in an application for approval can result in a civil penalty of up to $222,200 for individuals and up to $1,111,000 for bodies corporate (s.528). Similarly, knowingly contravening a condition of approval can result in civil penalties of up to $666,600 for individuals and up to $3,333,000 for bodies corporate (s.528A). Criminal penalties can also apply, with fines of up to $222,200 for individuals and up to $1,111,000 for bodies corporate for serious breaches (s.529). These penalties reflect the importance of compliance with the Act's provisions to protect the environment and biodiversity.