DEPARTMENT OF AGRICULTURE, WATER AND THE ENVIRONMENT
Environment Protection and Biodiversity Conservation Act 1999
EPBC Act Part 7-9 decisions published, 7/02/2022 to 13/02/2022
For further information see the referrals list at http://epbcnotices.environment.gov.au/referralslist/
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 |
2021/9106 | Elberton Developments Pty Ltd / Residential Development / 20 James Street Mariginiup and 31 Wells Street, Mariginiup / Western Australia / Land Development, James Street and Well Street, East Wanneroo, Elberton Property | - Listed threatened species and communities (sections 18 & 18A)
| 4/02/2022 |
2021/9113 | APA Transmission Pty Limited / Energy Generation and Supply (non-renewable) / Hart Rd, Loxford / New South Wales / Kurri Kurri Lateral Pipeline Project | - Listed threatened species and communities (sections 18 & 18A)
| 8/02/2022 |
actions determined as NOT requiring approval (EPBC Act s.75)
Reference | Title | Date |
2021/9099 | Swan Location 2 Pty Ltd / Agriculture and Forestry / 148 Dale Rd, Middle Swan / Western Australia / Vegetation Clearing Viticulture project | 28/01/2022 |
2021/9111 | Baptistcare WA Limited / Commercial Development / 147-155 Warrington Road, Byford / Western Australia / BaptistCare Byford Aged Care Facility | 4/02/2022 |
2021/9119 | St Vincent's Hospital (Melbourne) Limited / Commercial Development / 27 Victoria Parade, Fitzroy / Victoria / St Vincent's Hospital Melbourne Aikenhead Centre for Medical Discovery | 4/02/2022 |
2021/9122 | Carbon Transport and Storage Corporation (CTSCo) Pty Limited / Exploration (mineral, oil and gas - non-marine) / Lot 32 PG 223, Lot 33 on PG 223, Lot 60 on SP199322 / Queensland / Surat Basin Carbon Capture and Storage Project | 9/02/2022 |
Assessment Approach (EPBC Act s.87)
Reference | Title | Assessment Approach | Date |
2021/9106 | Elberton Developments Pty Ltd / Residential Development / 20 James Street Mariginiup and 31 Wells Street, Mariginiup / Western Australia / Land Development, James Street and Well Street, East Wanneroo, Elberton Property | Preliminary Documentation | 4/02/2022 |
2022/9144 | Brisbane Airport Corporation Pty Ltd / Transport - Air and Space / Brisbane Airport / Queensland / Aeromedical Base and Queensland Government Air (QGAir) facility | Accredited Assessment Process under the Airports Act 1996 (Cth). | 7/02/2022 |
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2021/8888 | Snowy Hydro Limited / Energy Generation and Supply (non-renewable) / Hart Road, Loxford / New South Wales / Kurri Kurri Gas Fired Power Station | Approved with conditions | 6/02/2022 |
2020/8764 | The Public Transport Authority of Western Australia / Transport - Land / 26km south-east of Perth, between Armadale and Byford / Western Australia / Byford Rail Extension, Byford, WA | Approved with conditions | 7/02/2022 |
NOTICE OF EXTENSION OF TIME (EPBC Act s.130(4))
Reference | Title | Extended to | Date |
2017/8021 | Graymont (NSW) Pty Ltd / Mining / Parcel Allotment 601, Filled Plan 195213 Wye, and Parcel Section 330 and 331 / South Australia / Glenelg Dolomite Quarry | 4/04/2022 | 9/02/2022 |
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 Agriculture, Water and the Environment or may not meet timeframes for notification. The Department of Agriculture, Water and the Environment 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 Agriculture, Water and the Environment 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, by regulating actions that have, will, or might have a significant impact on the environment. This legislation was introduced to address the need for a comprehensive legal framework to manage and protect Australia's environment, including its biodiversity, heritage, and ecological systems. Enacted by the Commonwealth Parliament, the EPBC Act aims to integrate environmental considerations into decision-making processes to ensure sustainable development. The Act provides a mechanism for the approval, assessment, and monitoring of actions that may affect the environment, thereby safeguarding Australia's natural resources for future generations.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of entities and activities within Australia, encompassing various industries and types of conduct or transactions that may impact matters of national environmental significance. The Act applies to proposals that require approval under the Act, which includes actions that may have significant environmental impacts, particularly in relation to listed threatened species and ecological communities. The scope of the Act extends across all states and territories of Australia, as it is a Commonwealth Act, thereby ensuring a unified approach to environmental protection and biodiversity conservation nationally. However, certain activities may be exempt or excluded from the requirements of the Act, depending on specific provisions and thresholds set out within the legislation or through subordinate instruments. The Act also provides mechanisms for the extension or restriction of its application, allowing for tailored assessments and approvals that consider the specific context of each proposal.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs various environmental actions, with key provisions found in sections 75, 87, and 133. Section 75 specifies the actions that require approval, such as the development project by Elberton Developments Pty Ltd (2021/9106) and the Kurri Kurri Lateral Pipeline Project by APA Transmission Pty Limited (2021/9113). Section 87 outlines the assessment approach, which includes the preliminary documentation stage for projects like the Brisbane Airport Corporation Pty Ltd's aeromedical base (2022/9144). Section 133 pertains to decisions on approval, as seen in the Kurri Kurri Gas Fired Power Station by Snowy Hydro Limited (2021/8888) and the Byford Rail Extension by the Public Transport Authority of Western Australia (2020/8764).
The Act imposes specific obligations on parties involved in projects that require approval. These include providing detailed documentation, conducting assessments, and complying with any conditions imposed by the approval. For instance, Elberton Developments Pty Ltd must detail the impact on listed threatened species and communities, as mandated by sections 18 and 18A. Similarly, APA Transmission Pty Limited must ensure their project does not adversely affect listed threatened species and communities. Parties must also adhere to any prescribed assessment processes, such as the accredited assessment process under the Airports Act 1996 for the Brisbane Airport Corporation Pty Ltd's project.
Breaches of the EPBC Act can result in both civil and criminal consequences. The Act does not specify maximum penalties within the provided text, but non-compliance can lead to enforcement actions by the Department of Agriculture, Water and the Environment. For instance, missed notifications or failure to comply with approval conditions can result in legal action. The department has implemented quality assurance procedures to minimise missed notifications and ensure transparency, even if these notifications occur outside the required timeframes. This ensures public access to the history of notifications for each referral, thereby maintaining the integrity of the approval process.