Professional Documents
Culture Documents
Protection and
Water, Population & Communities. It should not
be relied upon by any other person. This manual
does not represent legal or professional advice.
Act 1999
and the Environment Protection and Biodiversity
Conservation Regulations 2000 (EPBC
Regulations), which must always prevail.
Amendments to the EPBC Act were
Environment
introduced in February 2007. Projects that
were determined to be controlled actions
before 19 February 2007 will be assessed
Implementing
significance under the EPBC Act. Any
project that was the subject of an active
referral before 25 November 2009 will be
Act
the person chooses to withdraw and
resubmit their referral.
Undertake Determine whether or not the Assess the likely Given the likely Monitor compliance Evaluate the
preliminary checks to referral should be impact of the impact, recommend with the conditions. effectiveness of
ensure the referral is recommended as a controlled proposal. whether the Monitor predicted conditions,
valid, find any links action. If yes, determine Investigate proposal should be impact against approaches to
with other proposals, whether there is a bilateral possible ways of approved, approved actual impact. avoidance
invite external agreement, or what avoiding, subject to mitigation and
comments, and enter assessment method should be mitigating and/or conditions, or compensatory
into the database. recommended. offsetting impact. rejected. arrangements
Is the referral valid? Who should be asked to provide What is the proposed action? Are the conditions Scoping for this section
Is the proposed action advice? Have stakeholders or other being met? is underway and will
parties invited to comment What are the controlling provisions?
part of a larger project? Do reports and other be included in a later
suggested possible impacts on What would the minister/delegate be likely to documents comply version of this manual.
Is the proposed action
protected matters? consider acceptable environmental outcomes? with conditions of
related to another
action? Is further information required to approval?
make a decision? What options are there – approval with or
Is the proposed action without conditions, alternatives approaches,
Is there a likelihood of significant
in, or partly within, the mitigation or compensatory actions?
impact on listed species or
Great Barrier Reef
communities or anything else How can the action be controlled so that it is
Marine Park?
protected by the Act? performed in a manner that does not have an
Are there any exclusions unacceptable impact on matters protected by
Is the action likely to be clearly
or exemptions? the Act?
unacceptable?
Who should be consulted Has the proponent provided an What is our final recommendation?
outside the department? effective way of avoiding or
reducing the impact?
How should the action be
assessed?
• updating the appropriate database after each • lack of understanding of the process and/or
step in the assessment process information required
1A Initiate processing
1B Is the referral valid?
1C Is the proposed action part of a larger
project?
1D Is the proposed action related to another
action?
1E Is the proposed action in, or partly within,
the Great Barrier Reef Marine Park?
1F Establish administrative records
1G Invite comments from external stakeholders
1H Handover to Assessment Section
How to check
Use the “List of related actions/proposals” search
in Chapter 4 Resources to search by keyword.
Select any of the search results that relate to a
similar action. Make a note of the related
proposal on the BEP Process Checklist.
If not related
Go to 1F Establish administrative records for
next steps.
who BEP A unique electronic folder needs to be created for 3. Save any figure or explanatory report as
timing within 2 days of receipt every project. This should be saved in the folder separate documents in the same folder.
refs Departmental Record Management Policy for the relevant year on the ‘T: Drive’. The
LET 103 Acknowledge receipt of referral following link and naming conventions MUST be Request a TRIM file
EPBC Act Environment Assessment Process – applied:
TRIM files are ordered in the name of the
Referral Flowchart
T:\AWD\BranchFolders\EAB\Projects\[year of relevant Assessment Section director and are
EPBC Act Decision on Referral Flowchart
referral receipt-EPBC no.\.....] sent directly to the Assessment Sections.
There are three administrative records of the e.g. 2007-3216 Riverstone Integrated Water The referral, copies of all correspondence and all
referral: Services Proposal, NSW relevant records generated or received must be
1. EASy Electronic records of documents created or placed on the file. These are Commonwealth
received must be kept in this folder – they should records and must be handled in accordance with
2. Electronic files on the T: Drive the departmental Records Management Policy.
not be kept in individual Section or personal
3. Hard copies in the departmental File System folders. BEP creates an interim file pending receipt of the
(TRIM files) Within the unique project folder, create a folder official TRIM file. File all documents and
titled ‘Referral’. Within the ‘Referral’ folder create correspondence on this interim file – emails,
Add the referral to EASy three sub-folders titled: supporting information, copies of letters, etc.
Once a referral is determined to be valid, the • '1. screening' (the referral, related
environment assessment process is tracked by attachments and notification letters to the Send receipt of the referral
the EASy database. A unique ‘Reference Number’ state/Cwlth go here)
Send an acknowledgment letter to the person
is created for use in website notifications and for • ‘2. comments' (all internal advice areas and making the referral and the person proposing to
all correspondence. third party comments go here) take the action (LET 103 Acknowledge receipt of
• '3. determination' (the determination brief, referral).
For assistance with EASy, contact the DaIMS
helpdesk. decision notice and final notification letters
Where possible, also send the letter by email
go here)
(preferably), fax (next best).
What is the due date?
On the BEP Process Checklist for the new referral, Save the referral and its
make a record of: attachments
• the date of receipt of a valid referral 1. Scan the signed hardcopy of the Referral and
• the decision on referral date – 20 business all attachments that haven’t been provided
days from the date of receipt of a valid electronically. Split attachments to less than
referral by the department, measured in the 2MB.
place in which the action is to be taken
Comments from the public Comments from state/territory Comments from the person
All referrals are published on the department’s ministers proposing to take the action
website. The public has 10 Canberra (ACT) The relevant minister in the state/territory in If the referral is from a state/territory or
business days from the date of publishing to which the action is proposed should be invited to Commonwealth agency and nominates a third
make comment on the referral. comment. They have 10 business days to party as the person proposing to take the action,
comment. invite comment from that person (LET 105 Invite
Post referral on the website comment – person proposing).
1. Find and select the correct contact (DOC 101
The referral and all attachments must be loaded Inviting Comment – State Cwlth Contacts).
on the website as PDF documents through Record comments in EASy
Chapter 4 Resources, except commercial-in- 2. Prepare a letter inviting comments on the
proposed action and possible level of Add all comment period in EASy (general public,
confidence documents (subject to a separate Commonwealth ministers etc.)
application process as per section 74 (3A & 3B)). assessment, should it become a controlled
Flora or fauna surveys which identify the location action (LET 104 Invite comment – State
of species at risk from human interference should ministers). Include a link to the Public
also be identified and the extent of the risk Notices section of the department’s website.
assessed prior to a decision being made about 3. Delegate signs the letter, send and file a
publication. signed and dated copy.
4. Send an email copy to relevant contacts
within the minister’s office, including a link to
the Public Notices section of the
department’s website.
All nuclear actions should be referred to the 5. An action taken by any person outside
The “environment” includes all aspects of the a Commonwealth marine area that is likely
department for a decisions on whether it will
environment, for example species and to have a significant impact on the environment
have or is likely to have a significant impact on
communities of conservation importance, air, in a Commonwealth marine area.
the environment.
water and land pollution, impacts from traffic,
Under section 22 of the Act, nuclear actions are noise etc. Significant Impact Guidelines 1.2 may 6. An action taken by any person in the
considered to be: assist you in considering the significance of Great Barrier Reef Marine Park that is likely
impacts on the “environment”. to have a significant impact on the environment.
• establishing or significantly modifying a
nuclear installation or a facility for storing 7. An action taken by any person outside
spent nuclear fuel; 6 - Is there a likelihood of the Great Barrier Reef Marine Park that is
likely to have a significant impact on the
• transporting spent nuclear fuel or radioactive significant impact on environment in the Great Barrier Reef Marine
waste products arising from reprocessing; Commonwealth land or waters, Park.
• establishing or significantly modifying a the Great Barrier Reef Marine The matter protected in these cases is the
facility for storing radioactive waste products Park, or arising from action “environment”. This includes all aspects of the
arising from reprocessing; environment, for example species and
taken by the Commonwealth?
• mining or milling uranium ore; communities of conservation importance, air,
Under the EPBC Act approval is water and land pollution, impacts from traffic,
• establishing or significantly modifying a noise etc. There are guidelines to assess
large-scale disposal facility for radioactive required for:
significance for actions on, or impacting upon,
waste; 1. An action taken by any person on Commonwealth land, and for actions by
Commonwealth land that is likely to have a Commonwealth Agencies (see Significant
Impact Guidelines 1.2). See Significant
The BEP will save an electronic version of any Update EASy to close the comment period.
public comment in the T: drive. You will need to
place a hard copy in the TRIM file. Consolidate advice
Give consideration to whether information Review the advice received on the protected
submitted by external parties should be provided matters (if requested) to ensure consistency.
to the internal advice areas for consideration.
If the document is hard to scan, email relevant Do the comments made by internal
internal advices areas to invite inspection. advice areas accord with the views
of the assessment area?
Document the external comments If no, discuss the matter with the internal advice
areas and your supervisor to attempt to reach a
Record the number of external comments
consensus.
received and summarise their content in the
Referral Decision Brief. If you still cannot reach a consensus then:
Include copies of all external comments as an • discuss the matter with the decision maker –
attachment to the Referral Decision Brief. the aim is to develop ‘whole of department’
advice
• document the issues in the Referral Decision
Brief
Number of NES matters affected (# controlling provisions) 1 or 2 Less than 3 Multiple Multiple
Scale and nature of impacts. Complexity of issues Low Medium High High
Short term Short term or Some Complex analysis
impacts recoverable complexity required
Degree of confidence with which these impacts can be predicted High High Medium – low Medium – low
The adequacy and completeness of the information Good Good Variable or low Variable or low
The extent to which potential relevant impacts have already been High High Low – unknown Low – unknown
assessed under state legislation
The degree of public concern associated with the proposal Low Low Moderate – High
high
Decision Point
The decision maker will review your brief, and
may discuss the issues with you and your
director or other stakeholders such as the
proponent. They will then make one of the
following determinations:
• the proposed action is not a controlled action
Finalise
Save a full set of documents, including signed
and dated letter to the T:drive. Add hard copies
to the TRIM file.
If you receive a request to vary a proposal that See 3J Manage withdrawn proposals for
has been determined NCA-PM go to 2L Manage more information.
requests for reconsideration of referral
decision.
2N Manage changes of a
person proposing to take
the action
The process is identical in the referral stage to
that in the assessment stage.
See 3H Manage changes of a person
proposing to take the action for more
information.
a. decision-making processes should effectively • the capacity of the proponent to comply with
integrate both long-term and short-term conditions
economic, environmental, social and equitable • the views of the community
considerations;
You will need to form a judgement on the
b. if there are threats of serious or irreversible acceptability of impact associated with each project.
environmental damage, lack of full scientific
certainty should not be used as a reason for
Great Barrier Reef Marine Park
postponing measures to prevent environmental
degradation; considerations
c. the principle of inter-generational equity – that Where EPBC Act assessment and approval is
the present generation should ensure that the required in relation to an action in the Marine Park,
health, diversity and productivity of the the EPBC Act assessment will also support decision-
environment is maintained or enhanced for the making by GBRMPA (the Authority) on the granting
benefit of future generations; of necessary permissions under the GBRMP Act –
that is, a single integrated assessment will be
d. the conservation of biological diversity and employed. Under the integrated approach, the
ecological integrity should be a fundamental process established under the EPBC Act will provide
consideration in decision-making; the basis for public consultation / comment, and
e. improved valuation, pricing and incentive collecting information to inform decision making
mechanisms should be promoted. under both the EPBC Act and the GBRMP Act.
The Authority may not issue a GBRMP Act
permission in relation to an activity that is a
controlled action under the EPBC Act unless it has
been approved under the EPBC Act.
Depending on the assessment method that has Evaluate the information you have about the project.
been decided, developing an understanding of the Who has provided it? Is it reliable? What is missing?
project could include all or some of the following:
• reading the Referral Decision Brief
timing
As soon as practicable after receiving a request for Consider whether or not the transferee has the
transfer
capacity and willingness to comply with the
refs EPBC Act s145B conditions attached to the approval.
Guidance Note 6 - Change of person proposing to
take an action; transfer of approvals: subsection
78(5) and sections 145B and 156F of the EPBC Act If granting consent to transfer
The approval holder undertaking the action may Give a copy of consent to transfer to both the
transfer this approval to another person if and transferor and the transferee.
only if the decision maker consents to the Contact the DaIMS helpdesk to publish a notice
transfer. on the department’s website advising of the
If an ACN is changed transfer of approval may transfer.
also be required. Record the decision in EASy.
Advise MAS about the transfer of approval.
Receive the transfer request
The request should be received in writing and If not granting consent to transfer
signed by the transferor (the person originally
holding the approval) and the transferee (the Send a letter to both the transferor and the
person wishing to hold the approval). transferee notifying them of decision.
The request should clearly reference the Consider preparing a statement of reasons in
approval and the action being transferred. readiness for a possible request.
Enter the transfer request in EASy. See 2L Manage request for statement of
reasons for more information.
Consider the request Make a note in the comments field of EASy if the
SoR has been prepared.
Before granting approval of the transfer, the
decision maker must be convinced that the
transferee is a suitable person to hold the
approval.
Consider the history of environmental
performance of:
• the transferee
The approval holder may request, in writing, an Consider economic and social matters relevant to
extension of the timeframe of an approval, the request.
unless:
Prepare a brief for the decision
• the approval is currently suspended or
revoked, or maker
• the approval has ceased in some other way, Include:
or • the request for extension
• the approval is expired. • your recommendation
The decision maker is not under obligation to • a summary of your analysis of the impact of
grant an extension of time. the extension
However, the decision maker may grant an • a draft notice of decision from the decision
extension of time if the extension will not maker
substantially increase or substantially change the
adverse impacts of the action. • a copy of the original assessment decision
• a letter to the approval holder
Consider the request
Examine the original assessment Publish the decision
Re-examine the original proposal to thoroughly As soon as possible after the decision to accept
understand the nature of the impact on or reject the request for extension has been
protected matters and the concerns at the time made, give a written notice to the approval
the approval decision was made. If appropriate, holder.
discuss with the assessment officers involved in If the decision is to extend the approval period,
the original approval decision or the original contact the DaIMS helpdesk to publish a notice
decision maker to provide additional information. on the department’s website.
Evaluate the impact of the extension of time on Record the suspension or revocation in EASy.
each of the protected matters. Seek advice from
areas that provided advice in the original
assessment, if required.
Evaluate the
effectiveness of
conditions, approaches
to mitigation and offset
arrangements
•I
•I
(for actions by Commonwealth agencies or actions on Commonwealth land) or the
environment on Commonwealth land (for actions outside Commonwealth land)?
• If you are not certain about whether your proposed action requires approval under
the EPBC Act you may refer the proposal for a decision by the minister.
YES
Person proposing to take the action makes a referral to the Action is clearly unacceptable
minister via the department. The minister makes a decision within 20 business days.
The minister makes a decision within 20 business days on Person informed of decision.
whether approval is required under the EPBC Act and on
process of assessment.
(Refer to the
Assessment/ The minister makes a reconsideration
decision decision within 20 business days.
whether to
approve
Action is
Controlled
clearly
action
unacceptable
6-1
ENVIRONMENT PROTECTION BIODIVERSITY CONSERVATION ACT 1999
DECISION ON REFERRAL
68-71
Provide referral
(application in Legend
prescribed form)
N 76
Request further
Environment Minister
information for Proponent
20-
decision on referral
10- State / Territory
Invite comment on 76
Proponent provides
74 referral – further information Other Commonwealth
State/Territory, for decision on
Commonwealth & referral Timeframe exists
public. Also AHC if
N
N
needed Notifiable action
Request further
89
information for N Timeframe clock starts
75(1)
Decision on referral assessment
N approach decision Timeframe clock stops
N
89
approach if CA Proponent provides dd+
Minimum days
further information
for assessment
approach decision
• a state/territory assessment process accredited under a bilateral agreement? There are bilateral agreements with all
YES state and territory governments.
• an Australian Government assessment process accredited under a ministerial declaration? There are currently no
ministerial declarations for Australian Government processes.
NO
Public comment
Public comment on on draft
proponent’s information. EIS/PER.
The minister makes decision to approve, approve with conditions or not approve the proposed action.
• For assessment by EIS/PER or preliminary documentation, a decision must be made within 40 business days of receiving finalised
documentation from the proponent.
• For assessment by inquiry, a decision must be made within 40 business days of receiving an inquiry report.
• For assessment by a state/territory process, a decision must be made within 30 business days of receiving an assessment report.
• For assessment on referral information, a decision must be made within 20 business days of receiving a finalised recommendation
report.
6-3
ENVIRONMENT PROTECTION BIODIVERSITY CONSERVATION ACT 1999
160(1)
Request advice
before authorisation
Legend
Environment Minister
161A
161A(3)
Proponent
Advice Notify other agency
required? NO of decision and State / Territory
publish in
accordance with the Other Commonwealth
regulations
YES
N Timeframe exists
N Notifiable action
20-
87 Decide assessment N Timeframe clock starts
N
approach
Timeframe clock stops
dd+
Minimum days
Assessment
30-
Provide advice to
163(1)
other agency
164
Report to DEWHA
on action taken
10/09/2009
6-4
ENVIRONMENT PROTECTION BIODIVERSITY CONSERVATION ACT 1999
Legend
68-71
Provide referral
(application in Environment Minister
prescribed form)
Proponent
N State / Territory
Other Commonwealth
10- Invite comment on
74
referral – Timeframe exists
State/Territory,
Commonwealth & Environment Secretary
public and AHC if
relevant (optional)
N Timeframe clock starts
dd+
Minimum days
20-
N
74C
Decide action Inform proponent,
Notifiable action
N
74B
clearly give reasons
unacceptable
74C 74C
(3)b Proponent (3)c Proponent requests
74C
(3)a Proponent withdraws re-refers reconsideration
withdraws referral
N and referral process
begins again
N 10-
Invite comments on
N
74D
decision & reasons
Prepare report +
10-
74D(3)
any comments and
provide to Minister
20- Includes
Decision on assessment Yes Does Chapter
Referral approach 4 apply?
No
10/09/2009
6-5
Assessment Methods
N Notifiable action
10 - Invite comment on
93(3) draft
recommendation
report
N
Finalise
93(4)
+(5) recommendation
report and provide
to Minister
N 132
Request further
information
20 -
Proponent provides
132
10 - Invite comment from further information
131
other Ministers,
131AA person taking action
& proponent on Invite public
10 -
proposed decision + comment on
-
conditions 131A proposed decision
(optional)
N
133
Decision on
approval Minister may specify
N in writing a longer
130(1A) period to make an
approval decision
N
10/09/2009
6-6
ENVIRONMENT PROTECTION BIODIVERSITY CONSERVATION ACT 1999
Includes
Decision on assessment
Referral approach
Legend
Environment Minister
Further Yes
Proponent
information
needed?
State / Territory
Environment Secretary
10- Timeframe exists
No Request specific
N
95A
95A(2) information Notifiable action
information
N Timeframe clock starts
10+
10- MinisterMio
N
Invite comment from
131 other Ministers, 10- Invite public
131AA
person taking action comment on
N
131A
& Proponent on decision (optional)
proposed decision +
conditions 130(1A)
Minister may specify
in writing a longer
133
period to make an
Decision on approval decision
Approval
N N
10/09/2009
6-7
ENVIRONMENT PROTECTION BIODIVERSITY CONSERVATION ACT 1999
Includes
Decision on assessment
Referral approach
Standard
guidelines? NO
20-
96B Prepare and 96A(1)
Provide tailored
96A(1)
provide standard guidelines to
guidelines to proponent
proponent
N
98(1)(a)
+(ab) Prepare draft PER
and give to Minister
Proponent
20+
Publish and invite State / Territory
98(1)(c)
comment on draft
report Environment Secretary
N
Timeframe exists
99(1)(2))
Finalise and provide to N Notifiable action
Minister PER with
N
+(3)
10-
summary of comments Timeframe clock starts
N
99(4)
Publish final PER
or statement that no
comments received Timeframe clock stops
N
Proponent provides
Minister further information
10- Minister
N
Invite comment from
other Ministers, 10-
131 Invite public
131AA person taking action 131A
comment on
& Proponent on proposed decision
N
proposed decision + (optional)
conditions
133
Decision on Minister may specify
N
130(1A)
Approval in writing a longer
period to make an
approval decision
N
10/09/2009
6-8
ENVIRONMENT PROTECTION BIODIVERSITY CONSERVATION ACT 1999
Includes
Decision on assessment
Referral approach
Standard
guidelines?
NO
20-
YES
102(1) Prepare tailored 20+
20- Invite comment on
N
guidelines 102(5)
tailored guidelines
N
101B(1)
Prepare standard (optional)
guidelines
N 101A(4)
Provide tailored
guidelines to
proponent
101A(4)
Provide standard
guidelines to
proponent
103(1)
Prepare draft EIS
ab and provide to
Minister Legend
Environment Minister
103(2)
Approve publication
Proponent
of draft EIS, set
period for comment
20+ State / Territory
Publish and Invite
comment on draft Environment Secretary
N
103(1)
(c) report
Timeframe exists
104(1)
N Notifiable action
Finalise and provide
EIS with summary
10- N Timeframe clock starts
N
Publish final EIS
of comments and 104(4)
133
Decision on Minister may specify
N
130(1A)
Approval in writing a longer
period to make an
approval decision
(optional)
N
10/09/2009
6-9
ENVIRONMENT PROTECTION BIODIVERSITY CONSERVATION ACT 1999
Proponent
State / Territory
Other Commonwealth
87
Decision on
State/Territory Assessment Timeframe exists
will assess? NO approach
N N Notifiable action
N Timeframe clock starts
YES Timeframe clock stops
Prepare and
provide assessment
report 132
Request further
information
30-
132
Proponent provides
10-
Invite comment from further information
other Ministers,
131
131AA
130(1)
person taking action
Approval decision
& Proponent on 10- Invite public
proposed decision +
conditions
131A comment on
decision (optional)
133 Decision on N
Approval
N Minister may specify
in writing a longer
130(1A) period to make an
approval decision
(optional)
N
10/09/2009
6 - 10
ENVIRONMENT PROTECTION BIODIVERSITY CONSERVATION ACT 1999
Proponent
State / Territory
Decision on Other Commonwealth
87(1)(a)
Assessment
approach – Timeframe exists
accredited
assessment N
N
Notifiable action
process
N Timeframe clock starts
Prepare and
provide assessment
report 132
Request further
information
30-
132
Proponent provides
10-
Invite comment from further information
other Ministers, further information
131
131AA
130(1)
person taking action Invite public
Approval decision
& Proponent on 10-
comment on
proposed decision + 131A proposed decision
N
conditions (optional)
133 Decision on
Approval Minister may specify
in writing a longer
period to make an
N
130(1A)
approval decision
(optional)
N
10/09/2009
6 - 11
Reconsiderations
S.78A
Proponent
Reconsideration
request State / Territory
Other Commonwealth
Timeframe exists
Request by
proponent? NO N Notifiable action
assessment continues
N Timeframe clock starts
10 -
10 - Invite comment
Invite comment from other
78B
from other Ministers 78B Ministers,
and public proponent and
N public N
Decision on
78C
reconsideration
request +
publication and
notification N
Assessment restarts
78A(4)
(c) for requests by
proponent (if s 75
decision is confirmed)
10/09/2009
6 - 12
ENVIRONMENT PROTECTION BIODIVERSITY CONSERVATION ACT 1999
Decision on Legend
Referral Environment Minister
Proponent
State / Territory
77(1)
Notify relevant Other Commonwealth
State/Territory
Ministers action is a Timeframe exists
controlled action
N N Notifiable action
N Timeframe clock starts
dd+
Minimum days
20-
79(3)
Decision on
reconsideration
request and
reasons – publish
notice and reasons
in accordance with
N
the regulations
10/09/2009
6 - 13