DEPARTMENT OF CLIMATE CHANGE, ENERGY, THE ENVIRONMENT AND WATER
Environment Protection and Biodiversity Conservation Act 1999
EPBC Act Part 7-9 decisions published, 30/01/2023 to 05/02/2023
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 |
2022/09369 | Oceania Biofuels Gladstone Pty Ltd / Energy Generation and Supply (renewable) / 42 Guerassimoff Road, Yarwun, QLD 4694 / Queensland / Renewable Diesel and Sustainable Aviation Fuel Project | - Listed threatened species and communities (sections 18 & 18A)
| 27/01/2023 |
actions determined as NOT requiring approval (EPBC Act s.75)
Reference | Title | Date |
2022/09390 | Department of Planning and Environment / Water Management and Use / Bullatale inlet regulator is located where Millewa River Rd crosses Bullatale inlet channel, in Bullatale. / New South Wales / Bullatale inlet regulator replacement project | 27/01/2023 |
2022/09391 | Northern SEQ Distributor – Retailer Authority / Waste Management (sewerage) / Main Drive, Warana, 4701, QLD / Queensland / Caloundra South Sewer Rising Main | 1/02/2023 |
Assessment Approach (EPBC Act s.87)
Reference | Title | Assessment Approach | Date |
2022/09369 | Oceania Biofuels Gladstone Pty Ltd / Energy Generation and Supply (renewable) / 42 Guerassimoff Road, Yarwun, QLD 4694 / Queensland / Renewable Diesel and Sustainable Aviation Fuel Project | Preliminary Documentation | 27/01/2023 |
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2020/8725 | Main Roads Western Australia / Transport - Land / 150km north of Tom Price, Pilbara Region / Western Australia / Karratha, Tom Price Road Stage 4, WA | Approved with conditions | 24/01/2023 |
variation of conditions of approval (EPBC Act s.143)
Reference | Title | Date |
2011/5795 | Coal and Allied Operations Pty Ltd / Mining / Upper Hunter Valley, 4km northwest of Muswellbrook / New South Wales / Mount Pleasant Project | 24/01/2023 |
NOTICE OF EXTENSION OF TIME (EPBC Act s.130(4))
Reference | Title | Extended to | Date |
2021/8979 | Santos CSG Pty Ltd / Energy Generation and Supply (non-renewable) / Arcadia Valley within the Surat Basin / Queensland / Towrie Gas Development PL 1059 | 10/02/2023 | 23/01/2023 |
2020/8816 | Sydney Water Corporation / Waste Management (sewerage) / The pipelines extend from Lansdowne to Warragamba. The AWRC site is between South and Kemps Creeks. / New South Wales / Upper South Creek Advanced Water Recycling Centre | 3/02/2023 | 25/01/2023 |
2020/8646 | Queensland Department of Transport and Main Roads / Transport - Land / Oaky Creek Road Coomera, to Nerang-Broadbeach Road Nerang / Queensland / Stage 1 Coomera Connector | 24/02/2023 | 31/01/2023 |
2020/8816 | Sydney Water Corporation / Waste Management (sewerage) / The pipelines extend from Lansdowne to Warragamba. The AWRC site is between South and Kemps Creeks. / New South Wales / Upper South Creek Advanced Water Recycling Centre | 17/02/2023 | 2/02/2023 |
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 matters of national environmental significance. This legislation was introduced to address the need for a comprehensive framework to protect and manage Australia’s environment, including its biodiversity, ecosystems, and heritage places, in an integrated and sustainable manner. Enacted by the Commonwealth Parliament, the EPBC Act establishes a national system for the protection of the environment, aiming to prevent significant harm to the environment caused by actions within Australian jurisdiction or by Australians overseas. The policy objective of the Act is to achieve ecologically sustainable development by ensuring that the protection of the environment is factored into decision-making processes at all levels of government.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a Commonwealth Act that applies to a broad range of activities, entities, and industries across Australia, including any action that may impact matters of national environmental significance. The Act imposes obligations on individuals, corporations, and government entities when their actions, projects, or activities may have a significant impact on listed threatened species, communities, or ecological communities, as well as on other environmental aspects protected under the Act. The Act's jurisdiction extends nationally, encompassing all states and territories within Australia, and it applies to both public and private sector activities. Certain exclusions and exemptions may apply, such as for actions undertaken under state or territory laws where those laws provide adequate protection for the matters covered by the EPBC Act, and the Act may be extended or restricted through subordinate instruments such as regulations or guidelines. The Act also provides mechanisms for the approval, assessment, and monitoring of activities that may impact the environment, with specific sections detailing the processes and conditions for such approvals and assessments.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a comprehensive piece of legislation designed to protect the Australian environment, particularly with regard to matters of national environmental significance. Sections 75 and 133 of the Act outline the processes for determining whether certain actions require approval and the conditions under which such approval may be granted. For example, Section 75 of the Act (actions requiring approval) addresses the assessment and determination of specific projects that may impact listed threatened species and communities, such as the Oceania Biofuels Gladstone Pty Ltd project (reference 2022/09369). Conversely, Section 75 also includes actions that have been determined not to require approval, such as the Bullatale inlet regulator replacement project (reference 2022/09390). Additionally, Section 87 of the Act outlines the assessment approach, which includes preliminary documentation for projects like the Oceania Biofuels Gladstone Pty Ltd project.
Under the EPBC Act, various obligations and requirements are imposed on parties or entities it governs. These include the necessity for proponents of certain actions to submit detailed documentation and undergo rigorous assessments to understand the potential environmental impact. For instance, proponents must provide preliminary documentation to ensure that all listed threatened species and communities are considered (sections 18 and 18A). Once an action has been assessed, the Act requires the Minister to make a decision on whether to approve the action, often with conditions (section 133). For example, the Karratha, Tom Price Road Stage 4 project (reference 2020/8725) was approved with specific conditions to mitigate its environmental impact.
The Act also stipulates various offences and penalties for non-compliance. Under the EPBC Act, breaches of the Act can result in both civil and criminal consequences. For instance, if a party fails to comply with the conditions of approval, they may face enforcement actions, including fines. The maximum penalty for contravening the Act can be significant, with fines reaching up to AUD 1.1 million for corporations and AUD 220,000 for individuals, depending on the severity of the offence. Additionally, directors and officers of corporations may also face personal penalties for breaches. The Act ensures that there are clear disincentives for non-compliance, thereby encouraging adherence to environmental protection standards.