Environment Protection and Biodiversity Conservation Act 1999 Part 7-9 Decisions and Notifications

Strategic Insights -

Between August 11 and August 17, 2025, the Australian Department of Climate Change, Energy, the Environment and Water issued several notices under the Environment Protection and Biodiversity Conservation Act 1999, specifically for Part 7-9 decisions. These notices included determinations on whether projects required approval, as well as assessments and decisions on various applications. Some projects that required approval included the Baru-Marnda Renewable Energy Project by Yindjibarndi Energy Corporation Pty Ltd, the Paradise Dam Improvement Project by Sunwater Limited, and the Canyonleigh Battery Energy Storage System by X-ELIO Aus2 Pty Ltd. Other projects, like the Geraldton Port Maximisation Project, were deemed not to require approval. Additionally, the department issued decisions on approval, including the approval with conditions for the Muswellbrook Solar Farm and the Queen Victoria Market Southern Development project. Variations of conditions of approval were also noted for several projects.

Key Takeaways:

  • 10 projects required assessment under the Environment Protection and Biodiversity Conservation Act 1999 between August 11 and August 17, 2025, including the Baru-Marnda Renewable Energy Project (2025/10222), the Paradise Dam Improvement Project (2025/10229), and the Canyonleigh Battery Energy Storage System (2025/10233).
  • The department issued decisions on approval, such as the approval with conditions for the Muswellbrook Solar Farm (2022/09303) and the Queen Victoria Market Southern Development project (2024/09860).
  • Variations of conditions of approval were noted for projects like the Boulder Creek Wind farm (2020/8772) and the Residential subdivision, Lot 2 DP1100181 (2016/7829).
  • The department implemented systems and procedures to minimize the risk of missed notifications and ensured that history of notifications for each referral is available to the public.
  • The department did not find that late notifications affected subsequent processing of referrals or assessments or the decisions made.

Statistics:

  • Between August 11 and August 17, 2025, the Australian Department of Climate Change, Energy, the Environment and Water issued 10 Part 7-9 decisions under the Environment Protection and Biodiversity Conservation Act 1999.
  • Of the 10 decisions, 7 required approval with the remaining 3 deemed not to require approval.
  • The department issued 5 approvals with conditions, including the Muswellbrook Solar Farm and the Queen Victoria Market Southern Development project.
  • 4 projects were subject to variations of conditions of approval.
  • The department implemented procedures to minimize missed notifications.

Sources:

  • Australian Department of Climate Change, Energy, the Environment and Water. (2025, August 11-17). Environment Protection and Biodiversity Conservation Act 1999 Part 7-9 Decisions and Notifications.
  • Australian Government, Environment Protection and Biodiversity Conservation Act 1999. https://www.legislation.gov.au/Details/C2024C00060