Moreton Resources now declared a ‘controlled action’

What is a ‘controlled action’?

‘Actions’ are defined to include such things as a project, a development, an undertaking, an activity, or an alteration to one of these things.

  • actions likely to have a significant impact on a ‘matter of national environmental significance’;
  • actions likely to have a significant impact on the environment of Commonwealth land; and
  • actions by the Commonwealth Government or a Commonwealth agency likely to have a significant impact on the environment (this could include actions taken by the Commonwealth Government outside of Australia).

Download Federal Government Notification of REFERRAL DECISION AND DESIGNATED PROPONENT – controlled action  Aust Govt 2016-7702-referral-decision.pdf

In June 2013, legislation was passed to introduce an additional MNES for coal seam gas and large coal mining development that has, or is likely to have, a significant impact on water resources.

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What is a ‘matter of national environmental significance’?
There are currently eight ‘matters of national environmental significance’ listed under the EPBC Act:

  • World Heritage values of World Heritage properties;
  • Wetlands of international importance (Ramsar wetlands);
  • Listed threatened species and ecological communities;
  • Listed migratory species;
  • Commonwealth marine areas;
  • Nuclear actions (including uranium mines); and
  • Listed National Heritage and Commonwealth Heritage places;
  • The Great Barrier Reef Marine Park.

Moreton Resources falls under 3 out of the 8 relevant controlling provisions under this action:

• Listed threatened species and communities (sections 18 & 18A)

• Listed migratory species (sections 20 & 20A)

• A water resource, in relation to coal seam gas development and large coal mining development (sections 24D & 24E)

What are ‘Bilateral Agreements’ ?

A One-Stop Shop for environmental approvals – just making it easier for the developer.

The EPBC Act also allows the Commonwealth to enter into agreement with the States and Territories. There are two types of bilateral agreements:

  1. “Approval Bilateral Agreements” – these agreements allow a State or Territory approval process to be recognised for the purposes of the EPBC Act. That is, the State approval process simply replaces the Commonwealth process and becomes a decision under the EPBC Act.
  2. “Assessment Bilateral Agreements” – these agreements allow certain environmental impact assessment processes undertaken by the State to be accredited and used by the Federal Minister when s/he makes a determination under the EPBC Act. The final decision rests with the Federal Minister, however no further assessment is required.

When deciding whether a referred proposal is a controlled action, the Minister must take into account The Precautionary Principle.

The precautionary principle is that lack of full scientific certainty should not be used as a reason for postponing a measure to prevent degradation of the environment where there are threats of serious or irreversible environmental damage.

Download Moreton Resources ASX notice:

MRV Controlled action notice – media release.pdf

This Chapter of the EDU Handbook provides a brief summary of the EPBC Act to assist you if you are dealing with an issue of national environmental significance.

EDO Handbook

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