Notification of extension to time in which to make a decision whether to approve a controlled action Robbins Island Renewable Energy Park, Robbins Island, Tasmania (EPBC ref 2017/8096)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with regard to matters of national environmental significance. This legislative framework addresses the need to balance environmental protection with economic activities and development, ensuring that decisions regarding potentially significant environmental impacts are made with due consideration. The Act was introduced to address the gap in comprehensive environmental protection laws, aiming to provide a unified approach to the management of environmental impacts across Australia. This specification, issued under section 130(1A) of the EPBC Act, extends the time for the Minister to decide on a controlled action, specifically the proposed construction and operation of a wind farm on Robbins Island, Tasmania by ACEN ROBBINS ISLAND PTY LTD. The extension aims to allow for a more thorough assessment of the environmental impacts, ensuring that the decision aligns with the policy objective of protecting the environment while considering relevant economic and social factors.

Scope and Application

The Notification of extension to time in which to make a decision whether to approve a controlled action for the Robbins Island Renewable Energy Park, located on Robbins Island, Tasmania, is governed by section 130(1A) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This provision applies to the designated proponent, ACEN ROBBINS ISLAND PTY LTD, with ABN 35 618 734 277, for the proposed construction and operation of a wind farm, including associated infrastructure, on Robbins Island. The legislation extends the period within which the Minister must decide whether to approve the controlled action to 30 business days after receiving the last of the information requested from the proponent on 18 April 2023 under section 132 of the EPBC Act. The decision-making authority is vested in Kim Farrant, Assistant Secretary of the Environment Assessments (Vic, Tas) and Post Approvals Branch, who signed the decision on 19 April 2023. The Act applies within the Commonwealth jurisdiction, and any exclusions, exemptions, or thresholds are outlined in the relevant sections of the EPBC Act, which may be further elaborated upon through subordinate instruments.

Key Provisions

The primary operative sections of this legislation pertain to the extension of the time in which the Minister must make a decision on whether to approve the controlled action for the Robbins Island Renewable Energy Park project (section 130(1A) of the EPBC Act). Specifically, section 132 of the Act allows for the request of additional information from the designated proponent, ACEN ROBBINS ISLAND PTY LTD, and section 130(1A) provides the framework for extending the decision-making period based on the receipt of this information. The Minister, Kim Farrant, has extended the decision period to 30 business days after receiving the last of the requested information on 18 April 2023. The Act imposes several obligations on the parties involved. Firstly, the designated proponent, ACEN ROBBINS ISLAND PTY LTD, must provide all requested information to the Minister within the specified timeframe. This is critical for the Minister to make an informed decision. The Minister, Kim Farrant, is required to assess the information provided, consult with relevant stakeholders if necessary, and then make a decision within the extended 30 business days. The Minister must also ensure that the decision-making process adheres to the provisions of the EPBC Act, including any public notification requirements. Breaches of the obligations and requirements under the EPBC Act can lead to various legal consequences. For instance, if the designated proponent fails to provide the requested information within the stipulated period, it may result in delays or adverse decisions concerning the proposed action. Such non-compliance can potentially lead to civil penalties. Additionally, if the Minister does not adhere to the decision-making timelines or processes outlined in the Act, there could be grounds for judicial review by the affected parties. The specific penalties for non-compliance are not detailed in this document, but they can include fines and other enforcement actions as prescribed under the EPBC Act. The Act also provides for both civil and criminal penalties for more serious breaches, with maximum penalties varying based on the nature and severity of the offence.