EPBC Act Part 7-9 decisions published, 28/10/2024 to 3/11/2024

Administered by Department of Climate Change, Energy, the Environment and Water

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DEPARTMENT OF CLIMATE CHANGE, ENERGY, THE ENVIRONMENT AND WATER

Environment Protection and Biodiversity Conservation Act 1999

EPBC Act Part 7-9 decisions published, 28/10/2024 to 3/11/2024

For further information see the referrals list at https://epbcpublicportal.environment.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
2024/09972	Department of Transport and Main Roads / Transport - Land / Stage 1- Beerwah to Caloundra, Stage 2 - Caloundra to Birtinya / Queensland / Direct Sunshine Coast Rail Line	Ramsar wetlands (sections 16 and 17B) Listed threatened species and communities (sections 18 & 18A) Listed migratory species (sections 20 & 20A)	21/10/2024
2024/09789	RENEWABLE ENERGY PARTNERS PTY LTD / Energy Generation and Supply (renewable) / Pretty Bend Rd, Bogie and Station Rd, Lake Proserpine / Queensland / Proserpine Wind Farm	World Heritage properties (sections 12 and 15A) National Heritage places (sections 15B & 15C) Listed threatened species and communities (sections 18 & 18A) Listed migratory species (sections 20 and 20A) Great Barrier Reef Marine Park (sections 24B & 24C)	22/10/2024
2024/09949	SWANSONS LANE WIND FARM PTY LTD / Energy Generation and Supply (renewable) / 160 The Sisters-Garvoc Road / Victoria / Swansons Lane Wind Farm	Listed threatened species and communities (sections 18 & 18A) Listed migratory species (sections 20 and 20A)	22/10/2024
2024/09947	James Segundo / Energy Generation and Supply (non-renewable) / Madeira Packet Road / Victoria / Portland Energy Park	Listed threatened species and communities (sections 18 & 18A)	25/10/2024
2024/09985	BARWON REGION WATER CORPORATION / Waste Management (sewerage) / Bannockburn Water Reclamation Plant, Stephens Road, Bannockburn / Victoria / Bannockburn Water Reclamation Plant Upgrade Project	Listed threatened species and communities (sections 18 & 18A)	28/10/2024
2024/09956	Sunshine Coast Regional Council / Transport - Land / Omrah Avenue and Nicklin Way (Industrial Avenue) in Caloundra / Queensland / Caloundra Transport Corridor Upgrade Project	Ramsar wetlands (sections 16 and 17B) Listed threatened species and communities (sections 18 & 18A)	30/10/2024

actions determined as NOT requiring approval (EPBC Act s.75)

Reference	Title	Date
2024/09903*	TASMANIAN PORTS CORPORATION PTY. LTD. / Transport - Water / 18 Hunter Street, Hobart / Tasmania / Macquarie Wharf Redevelopment Project	23/10/2024
2024/09962	Bruce Blunden / Mining / Barrier Highway via Broken Hill / New South Wales / Broken Hill Cobalt Project	24/10/2024
2024/09963*	University of Melbourne / Science and Research / 3880 Point Nepean Road, Portsea / Victoria / Point Nepean Research & Education Field Station	24/10/2024

* Actions which are not controlled actions provided they are undertaken in a particular manner. Further information on provision and manner specified is available from https://epbcpublicportal.environment.gov.au/all-referrals/

Assessment Approach (EPBC Act s.87)

Reference	Title	Assessment Approach	Date
2024/09972	Department of Transport and Main Roads / Transport - Land / Stage 1- Beerwah to Caloundra, Stage 2 - Caloundra to Birtinya / Queensland / Direct Sunshine Coast Rail Line	Public Environment Report	21/10/2024
2024/09789	RENEWABLE ENERGY PARTNERS PTY LTD / Energy Generation and Supply (renewable) / Pretty Bend Rd, Bogie and Station Rd, Lake Proserpine / Queensland / Proserpine Wind Farm	Public Environment Report	22/10/2024
2024/09947	James Segundo / Energy Generation and Supply (non-renewable) / Madeira Packet Road / Victoria / Portland Energy Park	Preliminary Documentation	25/10/2023
2024/09985	BARWON REGION WATER CORPORATION / Waste Management (sewerage) / Bannockburn Water Reclamation Plant, Stephens Road, Bannockburn / Victoria / Bannockburn Water Reclamation Plant Upgrade Project	Preliminary Documentation	28/10/2024
2024/09956	Sunshine Coast Regional Council / Transport - Land / Omrah Avenue and Nicklin Way (Industrial Avenue) in Caloundra / Queensland / Caloundra Transport Corridor Upgrade Project	Preliminary Documentation	30/10/2024

DECISION ON APPROVAL (EPBC Act s.133)

Reference	Title	Approval Decision	Date
2021/8991	Strike West Pty Ltd / Mining / Natta Road, Arrowsmith East / Western Australia / West Erregulla Field Development Program, 40 km southeast of Dongara, WA	Approved with conditions	23/10/2024
2023/09759	Department for Energy and Mining / Energy Generation and Supply (renewable) / 27022 Lincoln Highway, Whyalla Barson / South Australia / South Australian Government Renewable Hydrogen Power Station, Electrolysers and Storage Facility	Approved with conditions	24/10/2024
2021/9013	SouthernLaunch.Space PTY LTD / Transport - Air and Space / Whalers Way, Sleaford, Eyre Peninsula / South Australia / Whalers Way Orbital Launch Complex	Approved with conditions	25/10/2024
2018/8233	AUSTRALIAN RAIL TRACK CORPORATION LIMITED / Transport - Land / Numerous lots / New South Wales / Inland Rail - Illabo to Stockinbingal, NSW	Approved with conditions	28/10/2024

variation of conditions of approval (EPBC Act s.143)

Reference	Title	Date
2013/6810	BANGO WIND FARM PTY LTD / Energy Generation and Supply (renewable) / Approximately 20km north of Yass / New South Wales / Construction of the Bango Wind Farm and associated infrastructure	13/09/2022
2011/5928	ENCOURAGE PTY LTD / Commercial Development / Tuckey Cove Mandurah / Western Australia / Urban Development Ravendale Drive, Coodanup Drive & Wanjeep Street	28/10/2024
2011/5939	JUMRUM RAINFOREST PTY LTD / Residential Development / 3km south west of Kuranda / Queensland / Jumrum Rainforest Estate	28/10/2024
2012/6479	WATERGARDEN PTY LTD / Commercial Development / Approximately 20km north west of Melbourne / Victoria / Watergarden Town Centre Site at 399 Melton Highway, Taylor Lakes, VIC	31/10/2024

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 to provide for the protection of the environment, particularly matters of national environmental significance, and to manage the impacts of activities through the approval process. The Act addresses the problem of environmental degradation by establishing a framework to assess and mitigate the environmental impacts of proposed activities. The EPBC Act is overseen by the Parliament of Australia and aims to protect and conserve Australia's unique biodiversity and ecosystems, including threatened species, communities, and ecological communities, as well as Ramsar wetlands, World Heritage properties, and the Great Barrier Reef. The Department of Climate Change, Energy, the Environment and Water implements the Act by assessing and approving or rejecting activities that may impact the environment, ensuring that necessary measures are in place to prevent or mitigate any adverse environmental effects.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of persons, entities, and activities across Australia, aiming to protect and manage environmental values, including those of national and global significance. This Act applies to projects, activities, and developments that may have a significant impact on matters of national environmental significance, such as World Heritage properties, Ramsar wetlands, listed threatened species and communities, and national heritage places. The geographic reach of the Act is national, extending to all states, territories, and external territories of Australia. It covers a broad spectrum of industries including transport, energy generation and supply, waste management, and commercial and residential development. The Act includes provisions for the approval, assessment, and monitoring of actions that may impact the environment, with certain exclusions and exemptions based on the nature and scale of the proposed action. Subordinate instruments and guidelines may extend or restrict the application of the Act, offering further clarification and detail on specific matters such as assessment approaches and conditions for approval.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) sets out various operative sections that pertain to the approval and assessment of actions that may affect matters of national environmental significance. Under section 75, actions that require approval include those that may impact Ramsar wetlands (sections 16 and 17B), listed threatened species and communities (sections 18 and 18A), listed migratory species (sections 20 and 20A), World Heritage properties (sections 12 and 15A), national heritage places (sections 15B and 15C), and the Great Barrier Reef Marine Park (sections 24B and 24C). Recent decisions published between 28/10/2024 to 3/11/2024 include the approval of the Direct Sunshine Coast Rail Line in Queensland, Proserpine Wind Farm in Queensland, and the Bannockburn Water Reclamation Plant Upgrade Project in Victoria, among others. The Act imposes specific obligations on parties or entities governed by it, such as conducting thorough environmental impact assessments and adhering to conditions set forth in approval decisions. For instance, the Department of Transport and Main Roads must follow the conditions set for the Direct Sunshine Coast Rail Line, which include measures to mitigate potential impacts on Ramsar wetlands and listed threatened species. Similarly, RENEWABLE ENERGY PARTNERS PTY LTD must comply with the conditions for the Proserpine Wind Farm, which involve protecting World Heritage properties and the Great Barrier Reef Marine Park. Failure to comply with the Act's requirements can lead to significant consequences. The Act outlines various offences and penalties, with potential civil and criminal sanctions. For example, actions determined as requiring approval but not obtaining the necessary approval can result in fines and imprisonment. The maximum penalties vary depending on the severity and nature of the breach, with some offences carrying substantial financial penalties and others leading to imprisonment terms of up to several years. Additionally, non-compliance with conditions attached to approval decisions can also result in further penalties. In summary, the EPBC Act mandates stringent environmental assessments and compliance for actions impacting national environmental significance. Failure to adhere to these requirements can result in severe civil and criminal penalties, underscoring the importance of meticulous compliance with the Act's provisions.

Area of Law: Environmental Law
Instrument: Gazette Notice
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Licensing & Registration; Enforcement Powers

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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