DEPARTMENT OF CLIMATE CHANGE, ENERGY, THE ENVIRONMENT AND WATER
Environment Protection and Biodiversity Conservation Act 1999
EPBC Act Part 7-9 decisions published, 29/05/2023 to 04/06/2023
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 |
2023/09500 | Spark Renewables Pty Limited / Energy Generation and Supply (renewable) / Arumpo Road, Mallee NSW 2738 / New South Wales / Mallee Wind Farm | - World Heritage (sections 12 & 15A)
- National Heritage (sections 15B & 15C)
- Listed threatened species and communities (sections 18 & 18A)
- Listed migratory species (sections 20 & 20A)
| 26/05/2023 |
Assessment Approach (EPBC Act s.87)
Reference | Title | Assessment Approach | Date |
2022/09205 | Iluka Resources Limited / Mining / 217 Thompsett Road Tutunup / Western Australia / Tutunup Mineral Sands Project | Accredited Assessment Process under the Environmental Protection Act 1986 (WA) | 1/06/2023 |
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2021/8980 | Bowen Coking Coal Limited / Mining / Annandale Rd, Coppabella / Queensland / Isaac River Coal Mine Project | Approved with conditions | 31/05/2023 |
NOTICE OF EXTENSION OF TIME (EPBC Act s.130(4))
Reference | Title | Extended to | Date |
2016/7730 | DEPARTMENT OF PRIMARY INDUSTRY AND RESOURCES / Natural Resources Management / Near Batchelor, approx 105km south of Darwin / Northern Territory / Rehabilitation of former Rum Jungle mine site, near Batchelor, NT | 19/06/2023 | 18/05/2023 |
2018/8222 | AUSTRALIAN RAIL TRACK CORPORATION LIMITED / Transport - Land / Various lots / New South Wales / Inland Rail North Star to Qld Border, NSW | 30/06/2023 | 25/05/2023 |
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 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This legislation was introduced to address the need for a cohesive framework to manage and conserve Australia's environmental assets, including biodiversity, heritage sites, and threatened species and ecosystems. The EPBC Act is administered by the Parliament of Australia and its policy objective is to safeguard the environment by regulating activities that may have a significant impact on the environment, particularly those actions that could affect World Heritage properties, national heritage places, listed threatened species and ecological communities, and listed migratory species. The Act ensures that decisions about proposals that may have substantial environmental effects are made in a transparent and accountable manner, with opportunities for public participation and expert assessment.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of entities and activities across Australia, with the purpose of protecting and conserving the nation’s environmental heritage. The Act applies to any person or entity undertaking activities that may have a significant impact on matters of national environmental significance, including World Heritage properties, national and Commonwealth-listed threatened species and ecological communities, and migratory species. The geographic reach of the Act is national, affecting all states and territories, and encompasses a variety of industries such as mining, renewable energy projects, infrastructure development, and natural resource management. The Act imposes certain obligations on proponents of actions that may impact these environmental matters, requiring them to seek approval from the relevant federal department. The Act's provisions can be extended or modified through subordinate instruments, which may include regulations or guidelines that further specify the requirements and processes for obtaining approval. While the Act generally applies broadly, certain exclusions, exemptions, or thresholds may apply depending on the nature and scale of the proposed action, as determined by the relevant federal authority.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) includes several key provisions that dictate how actions that may impact the environment are regulated. Section 75 of the Act requires that certain actions must obtain approval before proceeding. This approval process is detailed in section 133, where decisions on whether to approve actions are made, often with conditions to mitigate environmental impacts. The assessment approach for determining whether an action requires approval is outlined in section 87, which may involve an accredited assessment process as specified in section 87D. Additionally, sections 12 and 15A address World Heritage, sections 15B and 15C pertain to National Heritage, and sections 18 and 18A cover listed threatened species and communities, while sections 20 and 20A relate to listed migratory species.
The EPBC Act imposes specific obligations on the parties involved in actions that may impact the environment. These obligations include ensuring compliance with the Act's provisions concerning World Heritage, National Heritage, and the protection of listed threatened species and communities. Additionally, parties must adhere to the assessment processes outlined in the Act, which may include accredited assessment methods as per section 87D. Failure to comply with these obligations can result in the Department of Climate Change, Energy, the Environment and Water taking corrective actions, including the extension of time for compliance under section 130(4). This ensures that all relevant environmental considerations are addressed before an action proceeds.
Breaches of the EPBC Act can lead to various civil and criminal consequences, with penalties varying depending on the severity of the breach. Under the Act, offences can result in fines up to certain maximum amounts as stipulated in the relevant sections. For instance, non-compliance with provisions concerning World Heritage or National Heritage can lead to substantial fines, as can actions that adversely affect listed threatened species and communities. Additionally, failure to adhere to the assessment and approval processes can also attract penalties. These penalties are designed to enforce the Act's environmental protection mandates and ensure that parties take their obligations seriously.