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 reference 2018/8096)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. In this context, the Department of Climate Change, Energy, the Environment and Water issued a notification extending the time in which to make a decision on the proposed Robbins Island Renewable Energy Park in Tasmania, a controlled action under the EPBC Act. The purpose of this notification is to provide an additional 60 business days, totaling 90 business days, for the Minister to decide whether to approve the project. This extension is granted under section 130(1A) of the EPBC Act and aims to ensure a thorough assessment of the potential environmental impacts before any decision is made, thereby aligning with the policy objective of balancing environmental protection with sustainable development. The decision authority is vested in Mike Smith, Acting Branch Head of Environment Assessments (Vic, Tas) and Post Approvals Branch, who signed the decision on 23 December 2022.

Scope and Application

The C2023G00022 Notification, issued under section 130(1A) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), pertains specifically to the proposed construction and operation of a wind farm, including associated infrastructure, on Robbins Island, Tasmania. The Act applies to the designated proponent, ACEN ROBBINS ISLAND PTY LTD, which must comply with the stipulated environmental assessment processes. The geographic reach of this legislation is national, as the EPBC Act governs matters of environmental significance across Australia. The Act extends the timeframe for the Minister to make a decision regarding the approval of the controlled action by 60 business days, totalling 90 business days from the receipt of the assessment report. The decision-making authority lies with Mike Smith, the Acting Branch Head of Environment Assessments (Vic, Tas) and Post Approvals Branch. This notification does not specify any exclusions, exemptions, or thresholds, but it does extend the application of the Act through the additional time granted for decision-making.

Key Provisions

The legislation, made under section 130(1A) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), pertains to the extension of time for a decision on approving the controlled action proposed by ACEN ROBBINS ISLAND PTY LTD, ABN 35 618 734 277, to construct and operate a wind farm on Robbins Island, Tasmania. This decision follows the referral (2017/8096) and a variation request dated 18 September 2019. The primary operative section, 130(1A), allows the Minister to extend the decision-making period by an additional 60 business days, bringing the total time to 90 business days from the first business day after receiving the assessment report. This extension ensures a thorough review of the environmental impacts of the proposed action. The Act imposes certain obligations on the Minister and the designated proponent. The Minister, in this case Mike Smith, Acting Branch Head of Environment Assessments (Vic, Tas) and Post Approvals Branch, is required to make a decision within the extended period, ensuring that all relevant environmental assessments and considerations are thoroughly evaluated. The proponent, ACEN ROBBINS ISLAND PTY LTD, must provide all necessary information and documentation to facilitate this decision-making process. This includes detailed reports on the environmental impact of the proposed wind farm and associated infrastructure, as well as any measures proposed to mitigate adverse effects. Failure to comply with the provisions of the EPBC Act can lead to significant civil or criminal consequences. For instance, if the Minister does not make a timely decision or if the proponent fails to provide the required information, it could result in legal action. Additionally, if the proposed action is deemed to have significant environmental impacts without proper approval, it could lead to enforcement actions against the proponent, including fines and other penalties. The exact penalties are not specified in the text but could include substantial monetary fines under the EPBC Act. Furthermore, ongoing non-compliance or significant breaches could result in criminal charges against individuals responsible for the failure to comply.