DEPARTMENT OF AGRICULTURE, WATER AND THE ENVIRONMENT
Environment Protection and Biodiversity Conservation Act 1999
EPBC Act Part 7-9 decisions published, 7/03/2022 to 13/03/2022
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 |
2021/9137 | NEOEN AUSTRALIA PTY. LTD. / Energy Generation and Supply (renewable) / Glengowan Road, Ulogie / Queensland / Mount Hopeful Wind Farm | - Listed threatened species and communities (sections 18 & 18A)
- Listed migratory species (sections 20 & 20A)
| 7/03/2022 |
actions determined as NOT requiring approval (EPBC Act s.75)
Reference | Title | Date |
2021/9126* | Hunter Developments PTY LTD / Commercial Development / Rosny Hill Recreation Area, 12A Akuna St, Rosny / Tasmania / Rosny Hill Lookout and Hotel | 11/03/2022 |
* Actions which are not controlled actions provided they are undertaken in a particular manner. Further information on provision and manner specified is available from http://epbcnotices.environment.gov.au/referralslist/
Assessment Approach (EPBC Act s.87)
Reference | Title | Assessment Approach | Date |
2021/9137 | NEOEN AUSTRALIA PTY. LTD. / Energy Generation and Supply (renewable) / Glengowan Road, Ulogie / Queensland / Mount Hopeful Wind Farm | Preliminary Documentation | 7/03/2022 |
DECISION ON APPROVAL (EPBC Act s.133)
Reference | Title | Approval Decision | Date |
2018/8340 | KARREMAN QUARRIES PTY LTD / Mining / Existing Operation - Lot 100 on SP234173, Existing and proposed: Lots 1-5 on RP186598 / Queensland / West Mt Cotton Quarry Expansion, Redland City, Qld | Approved with conditions | 3/03/2022 |
2020/8755 | CleanCo Queensland Limited / Energy Generation and Supply (renewable) / located approximately 40 km south-west of the township of Warwick / Queensland / Karara Wind Farm Project, QLD | Approved with conditions | 7/03/2022 |
2020/8748 | Bolinda Place Pty Ltd ATF Bolinda Place Unit Trust / Commercial Development / 75-135 Bolinda Rd, Campbellfield / Victoria / Bolinda Road development, Campbellfield, Victoria | Approved with conditions | 8/03/2022 |
2020/8676 | Vitrinite Pty Ltd / Mining / near Moranbah / Queensland / Vulcan Complex Project | Approved with conditions | 9/03/2022 |
NOTICE OF EXTENSION OF TIME (EPBC Act s.130(4))
Reference | Title | Extended to | Date |
2021/8965 | CAPITAL PLUS 1 WOODBURY RIDGE PTY LTD / Residential Development / adjacent to Sutton Road and Federal Highway, Sutton / New South Wales / Woodbury Ridge Estate, Sutton | 3/06/2022 | 7/03/2022 |
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 address the need for comprehensive environmental protection across Australia. It was introduced by the Australian Parliament to provide a framework for the protection of the environment, particularly matters of national environmental significance, such as endangered species, threatened ecological communities, and heritage sites. The EPBC Act aims to ensure that development and activities are managed in a sustainable manner that balances economic growth with environmental protection. The Department of Agriculture, Water and the Environment is responsible for administering the Act, ensuring that assessments and approvals are conducted in accordance with its provisions to safeguard Australia's unique biodiversity and natural heritage. The Act establishes a rigorous process for assessing the potential environmental impacts of proposed actions, requiring developers to submit detailed information to enable informed decision-making by the relevant authorities.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various actions, entities, and industries across Australia, with the overarching goal of protecting and conserving Australia's environment, particularly areas of national environmental significance. The Act applies to both Commonwealth and non-Commonwealth actions, including those within state borders, provided they are likely to have a significant impact on a matter of national environmental significance, such as listed threatened species and communities, listed migratory species, or World Heritage properties. The Act extends its application to a wide range of industries, including mining, energy generation and supply, commercial development, and residential development. It is pertinent to note that the Act does not apply to actions that are explicitly excluded or exempted under the legislation or where a threshold for triggering the Act's provisions is not met. The application and enforcement of the EPBC Act may be extended or restricted through subordinate instruments, such as regulations or guidelines, which provide additional detail on specific matters covered by the Act.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs environmental protection and biodiversity conservation in Australia. Sections 75, 87, and 133 are particularly pertinent to the recent actions and decisions. Section 75 (EPBC Act) pertains to the determination of whether an action requires approval, while Section 87 (EPBC Act) deals with the approach to the assessment of such actions. Section 133 (EPBC Act) concerns the decision on approval, including the imposition of conditions. In the specified period, several actions were determined to either require or not require approval under these sections. For example, the Mount Hopeful Wind Farm project by NEOEN Australia Pty Ltd, concerning listed threatened species and communities (sections 18 & 18A) and listed migratory species (sections 20 & 20A), was determined to require approval on 7/03/2022. Conversely, the commercial development by Hunter Developments Pty Ltd at Rosny Hill Recreation Area was determined not to require approval, provided it adheres to certain conditions specified by the EPBC Act.
The obligations imposed by the EPBC Act on parties and entities include conducting assessments and providing preliminary documentation for actions that may significantly impact the environment or listed species. For instance, NEOEN Australia Pty Ltd had to submit preliminary documentation for the Mount Hopeful Wind Farm project as per Section 87 (EPBC Act). Additionally, entities must ensure compliance with any conditions imposed upon approval of an action, such as those placed on the Karara Wind Farm Project by CleanCo Queensland Limited. These obligations necessitate that entities engage with the Department of Agriculture, Water and the Environment and potentially consult with other stakeholders to mitigate environmental impacts.
Failure to comply with the provisions of the EPBC Act can result in various penalties and legal consequences. Breaches of the Act may lead to civil or criminal penalties, depending on the severity of the violation. For instance, if an entity fails to adhere to the conditions imposed on an approved action, it may face enforcement actions, including fines or legal proceedings. The maximum penalties for contravening the EPBC Act can vary, but they may include substantial financial penalties and, in severe cases, imprisonment. The Act also provides for the possibility of public notification of breaches, which can further impact the reputation and operations of the offending entity. The Department of Agriculture, Water and the Environment ensures that any missed notifications are rectified to maintain transparency and public trust.