To continue our protection and conservation efforts under the EPBC Act, we may need to assess your project. In an assessment, we look at how you plan to avoid, mitigate or offset the impacts of your project on nationally significant animals, plants, habitats and places in Australian territories.
If your project is likely to have impacts on protected matters, you'll need to refer your project to us.
Learn more about the referral and assessment process.
To assess any impacts, we review your referral information to decide if your project is a controlled action.
If it's a controlled action, we may assess your project using different methods. These can include assessment:
- on referral information
- on preliminary documentation (with or without extra information)
- by public environment report
- by environmental impact statement
- by public inquiry
- under a bilateral or accredited process.
We decide the assessment method we'll use for your project based on:
- the information in your referral
- any extra information we ask you for
- the scale and nature of your project's impacts on protected matters
- the complexity or issues arising from your project.
To learn more, see the assessment methods below.
Time frames
It's important to know that time frames in an assessment process differ between you and us.
While we have some statutory time frames, there may be times the clock stops, such as if we are waiting for more information from you.
At each step of the process, we'll tell you when you can expect to hear from us.
Some projects or impacts to protected matters are complex to assess. Some impacts may take a long time for you to gather the information we need to assess your project. This means that some assessments can span many months, and in some cases, years.
For more information about time frames, ask our Referrals Gateway team on epbc.referrals@dcceew.au.
Assessment on referral information
If your project is small-scale with limited impacts, we may assess on referral information. We do this when:
- it has an impact on only a few protected matters
- the scale and nature of the impacts are low and short-term
- we understand the impacts
- we are sure the proposed measures to mitigate the impacts will be effective
- you've supplied adequate and complete information
- public interest is likely to be low.
Step 1: Draft report
Using your referral information, we have 30 business days to prepare our draft recommendation report for the Environment minister. Our report helps them decide whether to approve or refuse the project. If they decide to approve the project, our report will also have any proposed approval conditions.
Step 2: Publish for comment
We publish our draft recommendation report on the EPBC Act Public Portal for at least 10 business days. It'll be open for comments from anyone.
Learn more about periods of public comment.
Step 3: Finalise report
At the close of the comment period, we consider all comments received and address them. The comments are included in our final recommendation report.
Step 4: Proposed decision
Once we've finalised the recommendation report, which includes our proposed decision, we give the report and all your information to the minister for their final decision.
Step 5: Final decision
Based on our final recommendation report, the minister makes their final decision. We'll then tell you that decision, and if it's an approval, we'll provide any approval conditions.
We'll also publish these on the EPBC Act Public Portal.
Assessment on preliminary documentation
If we think we understand your project and its impacts well, we may conduct an assessment on preliminary documentation, with or without extra information. We do this when:
- it may have an impact on several protected matters
- we understand the impacts
- we are sure the impacts will be medium- and short-term, or recoverable
- you've supplied enough information, but we may need more detail
- public interest is likely to be low.
Step 1: Request information
After we've let you know that your project is a controlled action, we may ask you to send us more information needed to assess your project's impacts.
This might include asking you:
- about your mitigation or offset strategies
- how your project might benefit the community.
This information, combined with your referral, becomes your project's draft preliminary documentation. If we haven't asked for more information, your referral becomes your draft preliminary documentation.
Step 2: Publish for comment
When your draft preliminary documentation meets our requirements, we'll ask you to publish it for public comment for at least 10 business days.
Learn more about periods of public comment.
Step 3: Update documents
After you've published the documents and your public comment period has closed, you may have received comments. If so, you'll review any comments and decide how to address them in your documentation. You'll need to tell us how you have addressed the comments and why you responded as you did.
When finished, you'll update us by adding to the draft documentation that you received:
- any comments, and the actions you've taken to address them
- no comments, and that no action was needed.
Both the draft documents and this update become your final preliminary documentation, which we use to assess your project.
Step 4: Publish and assess documentation
Once we have your final preliminary documentation, we'll tell you to publish it for information only. At the same time, we'll begin your project's final assessment.
We have 40 business days to assess your final preliminary documentation. This timeframe starts from when we tell you to publish the documentation.
As this is the first time that we have all the information we need about your project and can review it as a whole, we may need to contact you to:
- clarify some information
- discuss your planned avoidance or mitigation strategies
- talk with you about our proposed decision and any approval conditions.
We may need to formally stop the clock during this step or the following one.
Step 5: Proposed decision
Once we have all your information and have assessed your project, we'll draft a recommendation report, which includes a proposed decision.
We'll send you a copy of this, and any approval conditions, for your comment. You'll have 10 business days to respond.
After we receive your response, we'll finalise the report and provide it and all your assessment documents to the minister.
Step 6: Final decision
Based on our report, the minister makes a final decision. We'll then tell you that decision, and if it's an approval, we'll provide any approval conditions.
We'll also publish these on the EPBC Act Public Portal.
Assessment by public environment report
We'll assess your project by public environment report (PER) when:
- it has an impact on multiple protected matters
- the scale and nature of the impacts are high with some complexity
- we are unsure about the impacts
- you've supplied information that may be out-of-date, incomplete or otherwise inaccurate
- public interest is likely to be moderate to high.
This process is the same as the environmental impact statement (EIS) process. We'll use the PER assessment process where we need a narrower and less encompassing scope to assess your project.
Step 1: Develop guidelines
After we’ve let you know that your project is a controlled action, we have up to 20 business days to prepare and send you the draft PER guidelines. In your guidelines, we'll tell you what you need to provide so that we can assess your action or the impacts of your action.
Step 2: Invite comment on guidelines (optional)
We may invite comments from other ministers and the public on any tailored PER guidelines we plan to provide. If we do this, we'll also send these guidelines to you for your comment.
Step 3: Finalise guidelines
We then have 20 business days to finalise the PER guidelines for your project’s assessment. Once complete, we'll send them to you for action.
If there is no optional comment period, the guidelines developed in Step 1 become your final guidelines
Step 4: Collect information
Once you have your PER guidelines, you’ll collect the necessary information and prepare your draft report. When completed, you’ll send it to us for review.
We'll consider what you've sent us to make sure you've included everything listed in your guidelines. If we find you've missed anything, we’ll let you know.
Step 5: Invite comment
When your PER meets your guidelines, we’ll ask you to publish it for public comment for at least 20 business days.
Learn more about periods of public comment.
Step 6: Update report
After the close of the comment period, you’ll update your PER to let us know that you received:
- any comments, and the actions you've taken to address them
- no comments, and that no action was needed.
Both the draft PER and this update become your final PER, which we use to assess your project.
Step 7: Assessment
When we’ve received your final PER, we'll start the formal assessment. This process begins when we instruct you to publish your PER to the public for information only.
We have 40 business days to deliver our final decision to you. We may need to stop the clock during this time. If we do, we'll let you know why.
Step 8: Proposed decision
Once we have all your information and have assessed your project, we'll draft a recommendation report, which includes a proposed decision.
We'll send you a copy of this, and any approval conditions, for your comment. You'll have 10 business days to respond.
After we receive your response, we'll finalise the report and provide it and assessment documents to the minister.
Step 9: Final decision
Based on our report, the minister makes a final decision. We'll then tell you that decision, and if it's an approval, we'll provide any approval conditions.
We'll also publish these on the EPBC Act Public Portal.
Assessment by environmental impact statement
We'll assess your project by environmental impact statement (EIS) when:
- it has an impact on multiple protected matters
- the scale and nature of the impacts are high and need complex analysis
- we are unsure about the impacts
- you've supplied information that may be out-of-date, incomplete or otherwise inaccurate
- public interest is likely to be high.
This process is similar to the public environment report (PER) process. We'll use the EIS assessment process where we need a broader and more encompassing scope to assess your project.
Step 1: Develop guidelines
After we’ve let you know that your project is a controlled action, we have up to 20 business days to prepare and send you the draft EIS guidelines. In your guidelines, we'll tell you what you need to give to the minister to help them decide if your project's impacts can comply with the EPBC Act.
Step 2: Invite comment on guidelines (optional)
We may invite comments from other ministers and the public on any tailored EIS guidelines we plan to provide. If we do this, we'll also send these guidelines to you for your comment.
Step 3: Finalise guidelines
After the optional comment period, we have up to 20 business days to finalise EIS guidelines for your project’s assessment. Once complete, we'll send them to you for action.
If there is no optional comment period, the guidelines developed in Step 1 become your final guidelines.
Step 4: Collect information
Once you have your EIS guidelines, you’ll collect the necessary information and prepare your EIS. When completed, you’ll send it to us for review.
We'll consider what you've sent us to make sure you've included everything listed in your guidelines. If we find you've missed anything, we’ll let you know.
Step 5: Invite comment
When your EIS meets your guidelines, we’ll ask you to publish it for public comment for at least 20 business days.
Learn more about periods of public comment.
Step 6: Update EIS
After the close of the comment period, you’ll update your EIS to let us know that you received:
- any comments, and the actions you've taken to address them
- no comments, and that no action was needed.
Both the draft EIS and this update become your final EIS, which we use to assess your project.
Step 7: Assessment
When we’ve received your final EIS, we'll start the formal assessment. This process begins when we instruct you to publish your EIS to the public for information only.
We have up to 40 business days to deliver our final decision to you. We may need to stop the clock during this time.
Step 8: Proposed decision
Once we have all your information and have assessed your project, we'll draft a recommendation report, which includes a proposed decision.
We'll send you a copy of this, and any approval conditions, for your comment. You'll have 10 business days to respond.
After we receive your response, we'll finalise the report and provide it and the assessment documents to the minister.
Step 9: Final decision
Based on our report, the minister makes a final decision. We'll then tell you that decision, and if it's an approval, we'll provide any approval conditions.
We'll also publish these on the EPBC Act Public Portal.
Assessment by public inquiry
If the minister believes your project's impacts need a flexible assessment option, they may choose to assess by public inquiry.
In this case, the minister will appoint commissioners to assess the project. The commissioners are responsible for carrying out the assessment and reporting to the minister.
Step 1: Appoint commissioners
The minister will appoint one or more commissioners to conduct and report on the commission process.
Step 2: Specify Terms of Reference
The minister will specify the commission's Terms of Reference (ToR) to the appointed commissioners. The ToR will include:
- all matters relating to the controlled action that's the subject of the inquiry
- when the commission must report to the minister.
The commission will publish the ToR before the inquiry can begin.
Step 3: Conduct inquiry
The commission will hold public hearings unless directed otherwise. During the hearings, the Commission can:
- call witnesses
- request documents
- inspect places.
Step 4: Proposed decision
After the inquiry, the commission will prepare and send the minister the report of its findings.
The minister has up to 40 business days to make a decision. During this time, we'll publish the report and make it available for comment if instructed by the minister.
Learn more about periods of public comment.
Step 5: Final decision
Based on our report, the minister makes a final decision. We'll then tell you that decision, and if it's an approval, we'll provide any approval conditions.
We'll also publish these on the EPBC Act Public Portal.
Other types of assessment
Assessment under a bilateral agreement
We have bilateral agreements with states and territories across Australia in which the minister has accredited organisations to assess projects under the EPBC Act. These agreements reduce duplication of environment assessment processes between us and the states and territories.
We will ask the relevant state or territory minister for their views about how we should assess your project. If they say that assessment under a bilateral agreement is appropriate, we work closely with the state or territory organisation throughout your assessment.
When it's complete, the state or territory organisation submits a report detailing the assessment information for the minister's final decision.
Accredited assessment
The Commonwealth Environment minister might agree with another state or territory Environment minister to use an accredited assessment process. This might happen when:
- a bilateral agreement with a state or territory relevant to your project doesn't apply
- the relevant state or territory process can assess your project to meet EPBC Act requirements.
We work closely with the assessing state or territory organisation throughout your assessment. When it's complete, the state or territory organisation submits a report regarding their assessment outcomes for the Commonwealth minister to consider. The Commonwealth minister then makes an assessment decision based on this report.
Get in touch
Contact our Referrals Gateway team:
- Email: epbc.referrals@dcceew.gov.au
- Phone +61 1800 423 135 between 9 am and 5 pm Canberra time.