Preparing and lodging an EPBC Act referral
A referral is the Commonwealth gateway for proposed actions that may have a significant impact on matters of national environmental significance. The Minister's decision that an action is a controlled action triggers a full environmental assessment pathway.
This is an 8-step workflow for preparing and lodging a referral under s 68 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth), covering matters of national environmental significance, controlled action decisions, and assessment pathways.
Before you start
- Description of the proposed action and footprint
- Preliminary ecological and heritage surveys completed
- Identification of potentially impacted MNES
- State/Territory planning approvals pathway mapped
The workflow
Identify relevant MNES
Identify the matters of national environmental significance potentially impacted (listed species, ecological communities, Ramsar wetlands, world heritage, national heritage, Commonwealth marine, water resources, nuclear).
Assess significance of impact
Assess whether impacts are likely to be significant by reference to the Significant Impact Guidelines and the relevant species or community profile.
Design avoidance and mitigation
Design avoidance and mitigation measures that reduce or eliminate significant impacts, which may support a 'not a controlled action' (NCA) decision or a 'particular manner' decision.
Prepare referral documentation
Prepare the referral using the online referral form with attachments: action description, location maps, environmental values assessment, and proposed mitigation.
Stakeholder and First Nations consultation
Consult with relevant First Nations groups, adjoining landholders, and State/Territory agencies. Document consultation outcomes in the referral.
Lodge referral and respond to public comment
Lodge the referral through the online portal. Monitor the 10 business day public comment period and respond promptly to any agency or public feedback.
Manage controlled action decision
Engage with the Department during the 20 business day decision period. Respond to requests for further information and negotiate NCA-particular-manner conditions where available.
Plan for post-referral assessment
If a controlled action, plan for the assessment method (e.g. preliminary documentation, PER, EIS) and align State/Territory bilateral or accredited arrangements.
What you will have at the end
A referral lodged under the EPBC Act with a defensible MNES assessment and a clear post-decision pathway, whether through an NCA, particular manner, or controlled action assessment.
Common issues
- MNES missed at the screening stage, requiring re-referral or enforcement later
- Significant impact assessment that does not follow the Guidelines
- Avoidance and mitigation described too generally to support NCA-particular-manner
- First Nations consultation inadequate or poorly documented
- Bilateral assessment pathway not aligned with State approvals
Run this workflow on a real matter
Quillio cross-references the action description to each MNES, drafts the Significant Impact Guidelines analysis, and assembles the referral package. See /practice-areas/commercial-lawyers or start a free trial.
This workflow is a general guide. EPBC referrals should be supported by qualified ecologists and cultural heritage specialists.
Try this workflow with Quillio.
Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no credit card.
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