How Quillio handles environmental law — state vs federal

The EPBC Act requires assessment and approval for actions that are likely to have a significant impact on a matter of national environmental significance (MNES). The nine MNES triggers include: listed threatened species and ecological communities; world heritage properties; national heritage places; Ramsar wetlands; nuclear actions; the marine environment; water resources (in relation to coal seam gas and large coal mining); and the Great Barrier Reef Marine Park. Self-assessment of whether a referral is needed is the proponent's responsibility.

State EPA legislation covers: environment protection licences for scheduled activities (industrial emissions, waste management); contaminated land management and remediation; water quality and discharge; noise regulation; and state-level environmental impact assessment for development applications. The interaction between state planning approval and environmental approval adds complexity — I navigate both frameworks for a given project.

For projects that may trigger both EPBC Act and state environmental requirements, I identify the potential MNES triggers, assess whether a federal referral is likely needed, and map the state environmental approval pathway. I flag where bilateral agreements between the Commonwealth and the state may streamline the process (assessment bilateral) and where separate applications are needed. This dual-level analysis is the most complex part of environmental approvals — and where I add the most value.