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Referral to Australian Government
If an infrastructure project has the potential to impact on matters of national environmental significance, the project proponent or Coordinator-General must refer it to the Australian Government minister responsible for administering the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
Matters of 'national environmental significance'
The EPBC Act identifies matters of 'national environmental significance', namely:
- World Heritage properties
- National Heritage places
- wetlands of international significance (e.g. Ramsar sites)
- listed threatened species and ecological communities
- listed migratory species
- Commonwealth marine environments
- nuclear actions, including uranium mining
- other matters of 'national environmental significance', as may be prescribed by legislation.
'Controlled actions'
If the project does impact on matters of national environmental significance, it is deemed by the Australian Government environment minister to be a 'controlled action'.
'Controlled actions' require assessment and approval under the EPBC Act.
(Conversely, if a project is not deemed a 'controlled action', it does not require assessment under the EPBC Act.)
Timing of referral
A project can be referred to the Australian Government before or after it has been declared 'significant'.
Assessment processes
The Australian Government environment minister can require a 'controlled action' to be assessed under one of a number of processes, the main ones being:
- bilateral agreement process
- parallel process.
Bilateral agreement process
Under the bilateral agreement (PDF, 67 KB), the Australian Government has accredited the Queensland Government's environmental impact assessment processes to minimise duplication of processes.
The Australian Government effectively relies on the Queensland Government's environmental impact assessment processes to satisfy the requirements of the EPBC Act.
However, the Australian Government still retains its approval powers. Indeed, it has the final say on whether or not a 'controlled action' can be taken.
For a 'controlled action' to be assessed under the bilateral agreement, the terms of reference process must not begin before the Australian Government environment minister's decision on the preferred assessment process.
Parallel process
Under the parallel process, the Australian Government conducts its own environmental impact assessment under the EPBC Act, in parallel with the Queensland Government's own assessment.
The Australian and Queensland governments may prepare either two separate or one joint terms of reference for the environmental impact statement (EIS).
The project proponent prepares one EIS to meet the requirements of both jurisdictions.
The Australian Government environment minister and Coordinator-General assess the EIS separately.
