Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework that balances environmental protection with development needs, particularly in urban growth areas. The Act aims to ensure that significant environmental impacts of proposed actions are identified and managed effectively. This legislative framework was introduced to provide a structured approach to decision-making that considers both the potential environmental consequences of development projects and the broader objectives of sustainable development. The revocation of conditions attached to the approval for urban developments in Melbourne's south-eastern growth corridor under the Melbourne Urban Growth Program Strategic Assessment, as authorised by Andrew McNee, Assistant Secretary of the Assessments and Governance Branch, exemplifies the Act’s role in facilitating balanced and informed urban planning decisions. This action was taken to align with the policy objective of promoting sustainable development while addressing specific environmental concerns related to urban expansion in designated growth areas.

Scope and Application

The revocation of condition attached to approval under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies specifically to urban development actions within the south-eastern growth corridor of Melbourne, specifically in the Casey and Cardinia areas, as delineated within the expanded Melbourne 2010 Urban Growth Boundary. This decision pertains to actions approved under the endorsed Program – Delivering Melbourne's Newest Sustainable Communities, as published by the Victorian Government in December 2009. The revocation pertains to condition 4 of the approval, which dealt with habitat compensation requirements for actions potentially impacting listed ecological communities and species. This decision was authorised by Andrew McNee, Assistant Secretary of the Assessments and Governance Branch, and took effect from 1 July 2020. The scope of this decision is limited to the specified conditions and areas as outlined and does not affect other aspects of the approval or broader environmental protections under the EPBC Act.

Key Provisions

The decision to revoke a specific condition attached to an approval, as outlined in the Gazette C2020G00549, pertains to the urban developments in Melbourne's south-eastern growth corridor. This decision is made under section 143(2) as applied by section 146D(3) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The approved action is associated with urban development in the expanded Melbourne 2010 Urban Growth Boundary, particularly in the Casey and Cardinia areas, as described in the Biodiversity Conservation Strategy for Melbourne's Growth Corridors (Victorian Government Department of Environment and Primary Industries, June 2013). The approval was given under the endorsed Program – Delivering Melbourne's Newest Sustainable Communities (Victorian Government, December 2009). The specific condition being revoked is condition 4, which relates to the habitat compensation requirements for actions that could potentially affect listed ecological communities and species. This revocation means that the previous requirement for habitat compensation for such actions is no longer applicable. The decision came into effect on 1 July 2020. The decision was authorised by Andrew McNee, who holds the position of Assistant Secretary in the Assessments and Governance Branch. The decision was signed by Andrew McNee on 25 June 2020. Under the EPBC Act, the revocation of this condition imposes certain obligations and requirements on the parties involved in urban development within the specified areas. The primary obligation is that developers and other parties involved in urban development within the south-eastern growth corridor no longer need to adhere to the habitat compensation requirements as outlined in the previously revoked condition 4. This means that they are no longer obligated to provide habitat compensation for actions that could potentially affect listed ecological communities and species. The Act also includes provisions for potential breaches of its conditions and requirements. While the specific offences, penalties, or civil/criminal consequences for breach are not detailed in the provided text, it is clear that any non-compliance with the Act’s provisions could lead to legal consequences. Generally, under the EPBC Act, breaches can result in civil penalties, which can include fines of up to $66,600 for individuals and up to $3.33 million for corporations, depending on the severity and nature of the breach. Additionally, criminal penalties may apply, including fines of up to $1.1 million and/or imprisonment for up to five years for individuals, and up to $5.5 million and/or imprisonment for up to ten years for corporations. These penalties are intended to ensure compliance and protect environmental interests.