With the consent of the parties, the Federal Court has formally set aside the approval of the Carmichael Coal Mine and Rail Project under the Environment Protection and Biodiversity Conservation Act 1999 (Cth). This step was taken at the request of all of the parties to the court proceedings.
The Department followed longstanding practice when preparing its advice to the Minister about the Project. On this basis, the Minister made his decision after fully considering all of the Department's advice.
Subsequently the Department has advised that there is a possibility that the advice should have been provided in a particular manner. This is a technical, administrative matter and to remove this doubt, the department has advised that the decision should be reconsidered.
Reconsidering the decision does not require revisiting the entire approval process.
Without pre-empting a final decision about the Project, the Department expects that it will take 6 to 8 weeks to prepare its advice and the supporting documentation, and for the Minister to reconsider his final decision.
At all stages of the decision process for this Project, the Minister considered all the advice and material provided by the Department and the legal requirements for decision making under the EPBC Act remain unchanged.
The Watermark Coal Project is a new open cut coal mine proposed by Shenhua Watermark Coal Pty Ltd (Shenhua),located approximately 25 km south-east of Gunnedah, New South Wales (NSW).
- Watermark Coal Project - the facts (PDF - 532.01 KB)
- Watermark Coal Project - Frequently Asked Questions (PDF - 508.8 KB)
The project was determined a controlled action under the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) on 22 December 2011 for likely significant impacts on migratory species and nationally threatened species and communities (EPBC referral 2011/6201).
The project was assessed through the accredited NSW Environmental Impact Assessment process under the Environmental Planning and Assessment Act 1979 (EP&A Act), which was coordinated by the NSW Department of Planning and Environment (DPE).
Following amendments to the EPBC Act on 24 October 2013, the Minister decided the protection of water resources from large coal mining development would also be a controlling provision for the project.
The draft Environmental Impact Statement prepared by Shenhua as part of the NSW assessment process was on public exhibition for a period of two months from 28 February 2013. Public submissions received on the draft Environmental Impact Statement were wide ranging and included comments regarding: impacts on water resources (groundwater and surface water); aboriginal heritage; socio-economic concerns; agricultural land; air quality; and biodiversity (amongst other matters). On 28 January 2015, NSW Planning Assessment Commission (PAC) approved the project and the NSW Determination Report was published, triggering the period for final consideration under national environmental law.
Matters of National Environmental Significance – listed threatened species and ecological communities and migratory species
The Environmental Impact Statement included an assessment of potential ecological impacts, which included the critically endangered White Box-Yellow Box-Blakely's Red Gum Grassy Woodland and Derived Native Grassland (Box Gum Woodland) ecological community; and the endangered Grey Box (Eucalyptus microcarpa) Grassy Woodlands and Derived Native Grasslands of South-eastern Australia (Grey Box Woodland) ecological community. These communities provide potential habitat for several EPBC-listed species including (but not limited to): the Regent Honeyeater, Spotted-tail Quoll, and the South-eastern Long-eared Bat.
Although the project area supports known koala habitat, this species was not listed under the EPBC Act when the project was determined a controlled action and hence cannot be considered as part of the approval process under national environmental law. The koala was, however, listed as a NSW threatened species at the time the project was submitted, and has been assessed accordingly under NSW environmental law.
Matters of National Environmental Significance – water resources
Advice on the proposed action from the Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development (the IESC) was requested on 12 March 2013, which was subsequently withdrawn and superseded by a request to the IESC on 17 April 2013 to ensure the IESC was able to fully reflect the Government's intention to amend the EPBC Act to provide greater protection for water resources impacted by coal seam gas and large coal mining developments. The IESC provided advice on the potential impacts to water resources as a result of the project in May 2013, which meets the requirement under the EPBC Act.
The IESC advice covered a range of issues, including impacts to groundwater and surface water, the adequacy of the groundwater model, the ongoing monitoring of groundwater and surface water resources, and cumulative impacts. Further information on these reviews can be obtained from the PAC website.
Given the additional studies and reviews of the groundwater model since the IESC provided advice on this project (in May 2013), on 26 February 2015 and 23 March 2015 the Commonwealth Environment Minister sought further independent advice from the IESC to consider the potential impacts in relation to water resources.
Request and advice documents
- Request to IESC for advice 12 March 2013
- Request to IESC for advice 17 April 2013
- IESC advice to decision maker May 2013
- Request to IESC for advice 26 February 2015
- Request to IESC for advice 23 March 2015
The additional advice on the Watermark Coal Project requested from the IESC was provided to the Minister on 27 April 2015.
- Advice to decision maker on coal mining project - IESC 2015-066 and 2015-067 - Watermark Coal Project (EPBC 2011/6201)
Approval under the EPBC Act
The Minister carefully considered the NSW assessment, the advice of the IESC, the advice of the Department and all public comments received before deciding whether this proposal could go ahead. On 4 July 2015, the Minister approved the Watermark Coal Project with 18 strict environmental conditions to protect water resources and listed threatened species and ecological communities.
Statement of Reasons
On 21 August 2015, the Minister released a Statement of Reasons for the approval decision.
This table contains links to documents which are referenced in the footnotes section of the Watermark Coal Project Statement of Reasons, where available.
|3||Environmental Impact Statement|
|4, 27||Response to submissions|
|5, 6, 55, 56||NSW Assessment Report and NSW Addendum to Assessment Report|
|7, 21, 22, 23, 24||NSW Conditions of consent|
|8||NSW Planning Assessment Commission review report|
|9||NSW Planning Assessment Commission determination|
|10||Request for IESC advice 12 March 2013
Request for IESC advice 17 April 2013
|11||IESC 2013 advice|
|12||Request for IESC advice 26 February 2015|
|14||Request for IESC advice 23 March 2015|
|15, 52, 54||IESC 2015 advice|
|34||Species Profile and Threats Database record for Box Gum Woodland|
|25, 30, 32, 33, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 53, 57||Approval Decision Notice|
Links to further information
The Department received a referral for the proposed Western Sydney airport on 4 December 2014. The proposed action is to construct and operate a Western Sydney airport at Badgerys Creek, New South Wales.
The proponent, the federal Department of Infrastructure and Regional Development, has advised that development of the proposed airport would be staged in response to demand. The first stage, expected to be operational from mid-2020s, will operate from one runway. The proposed airport would grow to meet demand.
Ultimately, the airport layout would potentially comprise two parallel runways of up to 4,000 metres in length, on a north-east/south-west alignment, with supporting airside and landside facilities capable of handling up to 70 million passenger movements per year. It is proposed that the airport be operational 24 hours per day.
Following a public consultation period and careful consideration of all relevant matters, it was determined the proposed action may have a significant impact on World Heritage properties, National Heritage places, listed threatened species and communities. As the proposal is a Commonwealth action, the whole of the environment is a nationally protected matter. Accordingly, the proposal was determined to be a controlled action on 23 December 2014 to be assessed through an Environmental Impact Statement (EIS). The guidelines for the content of the EIS are available on the Referral detail page.
The preparation of the EIS, and the timing for this, is the responsibility of the proponent.
The environmental impact assessment process under Australia's national environmental law, the Environment Protection and Biodiversity Conservation Act (EPBC Act), is rigorous and transparent, and provides opportunities for public comment. All public comments received during the public consultation phase of the assessment process will be taken into account before a decision on approval is made.
The Government will consider the impacts of the proposed action on matters protected by the EPBC Act and other economic and social matters in deciding whether to approve the proposal.
Notifications of decisions under the EPBC Act, and invitations to comment on proposals are published on the Department's website.
Provisions to be covered by the Environmental Impact Statement
Commonwealth action (the environment)
As the proposal is a Commonwealth action, the whole of the environment, as defined in the EPBC Act, is a nationally protected matter.
Listed threatened species and communities
Listed threatened species and ecological communities are recognised as a matter of national environmental significance. Impacts on listed threatened species and ecological communities under the EPBC Act will be considered during the assessment of the proposal.
World Heritage properties and National Heritage places
The proponent identified the Greater Blue Mountains Area World Heritage property and National Heritage place as being potentially impacted by the proposal. The referral stated that a significant impact to the heritage values of the place was unlikely due to improvements in aircraft technology and improved regulatory standards for noise and emissions.
A significant impact to World and National Heritage values would be considered likely if the proposed action will cause the loss, degradation, modification or diminishment of one or more World or National Heritage values.
It is not clear that the action currently proposed will have a significant impact on the values or integrity of the Greater Blue Mountains Area. The precautionary triggering of World and National Heritage as controlling provisions will ensure these potential impacts are thoroughly assessed.
In line with standard practice the current proposal will be included in the Department's next quarterly statement notifying the UNESCO World Heritage Centre of any proposals being assessed under the EPBC Act that trigger for World Heritage.
Links to further information
The Abbot Growth Gateway Project is a proposal by the Director-General, Queensland Department of State Development (the proponent) to undertake capital dredging, onshore placement and reuse of dredged material at Abbot Point, 25 km north of Bowen, North Queensland (EPBC 2015/7467).
The proposal is for capital dredging of approximately 1.1 million cubic metres to support the construction of the Abbot Point Terminal 0. Dredged material will be managed onshore in containment areas located on industrial land, for future beneficial reuse within the Abbot Point State Development Area. The proposal avoids the requirement for dredge disposal on the Caley Valley Wetlands or within the Great Barrier Reef World Heritage Area.
On 14 May 2015, the Minister determined the project was a controlled action under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) for likely significant impacts on World Heritage properties; National Heritage places; listed threatened species and communities; listed migratory species; Commonwealth marine areas; and Great Barrier Reef Marine Park.
The project is being assessed by environmental impact statement under the EPBC Act. The environmental impact assessment process under the EPBC Act is rigorous and transparent. The decision notice and statements of reasons for making the referral and assessment approach decisions are available on the Department's website.
Public consultation on the draft environmental impact statement
The Queensland Department of State Development has commenced the public consultation on the draft environmental impact statement. Public comment will run from 21 August 2015 to 18 September 2015. Further information on the public consultation process and how you can make a submission can be found on the Queensland State Development website – www.statedevelopment.qld.gov.au/abbotpointgateway. Any submissions and other questions on the draft environmental impact statement public consultation process should be directed to the Queensland Department of State Development.
Once the public comment period has closed, the proponent must address all relevant concerns raised through the public consultation process, before submitting a final environmental impact statement to the Department.
Any questions on the approvals processes for this project under Queensland State legislation should be directed to the Queensland Department of State Development – see www.statedevelopment.qld.gov.au/abbotpointgateway.