DEPARTMENT OF CLIMATE CHANGE, ENERGY, THE ENVIRONMENT AND WATER
Environment Protection and Biodiversity Conservation Act 1999
EPBC Act Part 7-9 decisions published, 31/03/2025 to 06/04/2025
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 |
2025/10101 | Louise McCormick / Water Management and Use / The access point of the proposed action is located on section 1582 Hundred of Colton / Northern Territory / Adelaide River Off-stream Water Storage (AROWS) Project | - Listed threatened species and communities (sections 18 & 18A)
- Listed migratory species (sections 20 & 20A)
| 1/04/2025 |
2025/10102 | ACENERGY PTY LTD / Energy Generation and Supply (renewable) / The proposed action is located at 86 Woodlands Road, Armidale, NSW. The project encompasses several parcels, including Lot 1 DP246878, Lot 1 DP573787 / New South Wales / Gara Battery Energy Storage System | - Listed threatened species and communities (sections 18 & 18A)
| 1/04/2025 |
actions determined as NOT requiring approval (EPBC Act s.75)
Reference | Title | Date |
2024/09991* | Gippsland Skies Pty Ltd / Energy Generation and Supply (renewable) / Gippsland Declared Area OEI-01-2022 Part 3 and corridor along the coast of Gippsland, toward Seaspray / Commonwealth Marine / Gippsland Skies Offshore Wind Project marine surveys (investigations) | 28/03/2025 |
* 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/
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2021/9034 | Carbone Bros Pty Ltd / Mining / Lot 5 on Plan 5888, Wellesley Rd, Wellesley / Western Australia / Sand Extraction Project Lot 5 Wellesley Road, Wellesley Shire of Harvey | Approved with conditions | 2/04/2025 |
variation of conditions of approval (EPBC Act s.143)
Reference | Title | Date |
2018/8347 | Daleswan Pty Ltd / Residential Development / Lot 113/M3174 (part of); Lot 109/M3174 (part of); Lot 110/SP169001; Lot 112/M3174; Lot 190/S31349 / Queensland / Ripley Valley PDA Providence East and South | 31/03/2025 |
NOTICE OF EXTENSION OF TIME (EPBC Act s.130(4))
Reference | Title | Extended to | Date |
2024/09860 | Adam Williams / Commercial Development / 65-159 Victoria St (QVM) and southern development site at Franklin, Peel and Queen Sts, Melbourne / Victoria / Queen Victoria Market Southern Development project | 30/05/2025 | 28/03/2025 |
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 address the need for a comprehensive and integrated approach to the protection and conservation of the Australian environment, particularly in relation to biodiversity, threatened species, and ecological communities. This legislation, enacted by the Australian Parliament, aims to provide for the protection of the environment, particularly matters of national environmental significance, by establishing a framework for the assessment and approval of certain actions that may impact the environment. The Act empowers the Commonwealth to regulate actions that may have a significant impact on the environment, including the protection of listed threatened species, ecological communities, and migratory species, and to ensure that the impacts of such actions are appropriately managed. The EPBC Act sets out the process for the approval, assessment, and management of actions that may affect the environment, with a focus on balancing environmental protection with economic and social considerations.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of entities and actions within Australia, aiming to protect the environment by regulating activities that may have a significant impact on matters of national environmental significance. This includes listed threatened species and communities, listed migratory species, and other environmental aspects. The Act applies to individuals, corporations, and government bodies undertaking actions that may impact these protected areas, encompassing a wide array of industries such as mining, residential development, commercial development, and energy generation. The geographic reach of the Act is national, covering all states and territories of Australia. However, certain actions may be excluded from the Act’s requirements if they are not deemed to be controlled actions or if they fall under specific exemptions or thresholds outlined in subordinate instruments. The Act also allows for the extension of timeframes and variation of conditions of approval through specific sections, ensuring flexibility and precision in managing environmental impacts.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) outlines various provisions for the approval and regulation of certain actions that may impact the environment, including threatened species and communities. Section 75 of the Act specifies actions that are subject to approval, while Section 133 deals with the approval of actions with conditions. Additionally, Section 143 addresses the variation of conditions of approval, and Section 130(4) allows for the extension of time for certain actions.
The EPBC Act imposes several obligations on the parties involved in actions that require approval. These include the assessment of the potential environmental impact of the proposed action, the consideration of alternatives to the proposed action, and the implementation of measures to mitigate any adverse environmental effects. Furthermore, parties must comply with any conditions imposed on the approval of the action and provide regular reports to the Department of Climate Change, Energy, the Environment and Water on the progress and environmental impact of the action.
Breaches of the EPBC Act can result in both civil and criminal consequences. Civil penalties may include fines of up to $1.2 million for corporations and $240,000 for individuals, as outlined in Section 528 of the Act. Additionally, criminal penalties may apply for more serious breaches, with fines of up to $6.6 million for corporations and $1.32 million for individuals, as stated in Section 529 of the Act. It is essential for parties involved in actions subject to the EPBC Act to adhere to the requirements and conditions imposed to avoid potential penalties and consequences.