Skip to main content Skip to main navigation Skip to search

Queensland and NSW floods 2022

Visit recovery.gov.au to see what help is available.

Close
Home

Top navigation main

  • News & media
  • Jobs
  • Ministers
  • Contact us
Main menu

AWE Main

  • Climate change
    Climate change Driving climate action, science and innovation so we are ready for the future.
    • Climate science and adaptation
    • Australia's climate change strategies
    • Emissions reduction
    • Emissions reporting
    • International commitments
    • Climate Active
    • Climate change publications and data
    • Australia’s National Greenhouse Accounts (Emissions Data)
    Stronger action on climate change

    Stronger action on climate change

    See how the Australian Government is committed to taking more ambitious action on climate change.

    Find out more

  • Energy
    Energy Building a secure and sustainable energy system for all Australians.
    • Energy policy in Australia
    • Energy ministers
    • Renewable energy
    • Energy publications
    • energy.gov.au
    • Energy Rating
    • Commercial Building Disclosure Program
    • Nationwide House Energy Rating Scheme (NatHERS)
    • Your Home
    Decorative image

    Australian Energy Employment Report survey

    Share insights to help the energy workforce plan for the future

    Find out more

  • Environment
    Environment Improving stewardship and sustainable management of Australia’s environment.
    • Bushfire recovery
    • Climate change and the environment
    • Biodiversity
    • EPBC Act
    • Environmental information and data
    • International activities
    • Invasive species
    • Land
    • Marine
    • Partnerships
    • Protection
    • Report a breach of environment law
    • Threatened species & ecological communities
    • Waste and recycling
    • Wildlife trade
    Decorative image

    Read our Nature Positive Plan

    Our plan sets out the Australian Government’s commitment to environmental law reform

    Find out more

  • Water
    Water Improving the sustainable management of Australia’s water supply for industry, the environment and communities.
    • Coal, Coal seam gas (CSG) and water
    • Commonwealth Environmental Water Office
    • Water policy and resources
    • Wetlands
    Water matters

    Water Matters

    Keep up with the latest news on the department's work in managing Australia's water resources.

    Read the latest edition here

  • Parks and heritage
    Parks and heritage Managing Australia’s iconic national parks, historic places and living landscapes.
    • Australian Marine Parks
    • Australian National Botanic Gardens
    • Booderee National Park
    • Kakadu National Park
    • Christmas Island National Park
    • National parks
    • Norfolk Island National Park
    • Heritage
    • Pulu Keeling National Park
    • The Great Barrier Reef
    • Uluṟu-Kata Tjuṯa National Park
    The reef

    Great Barrier Reef

    Australia is protecting and conserving this World Heritage Area.

    Find out more

  • Science and research
    Science and research Undertaking research and collecting data to support informed decisions and policies.
    • Climate change
    • Australia's biological resources
    • National Environmental Science Program (NESP)
    • Our science strategy
    • Australian Biological Resource Study (ABRS)
    • State of the Environment (SoE) reporting
    • Bird and bat banding
    • Supervising Scientist
    Our climate is changing

    Our climate is changing

    Find out more about how climate science helps Australians with the impacts of climate change.

    Find out more

  • About us
    About us We lead Australia’s response to climate change and sustainable energy use, and protect our environment, heritage and water.
    • Accountability and reporting
    • Assistance, grants and tenders
    • Fees and charges
    • News and media
    • Our commitment to you
    • People and jobs
    • Publications
    • What we do
    • Who we are
    Decorative image

    Juukan Gorge response

    Read the Australian Government's response to the destruction at Juukan Gorge and the recommendations

    Read the response

  • Online services
    Online services We do business with you using online platforms. This makes it easier for you to meet your legal requirements.
Department of Climate Change, Energy, Enviroment and Water

Breadcrumb

  1. Home
  2. Environment
  3. Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)
  4. Advice for applicants and approval holders
  5. Decisions on referred actions under the EPBC Act

Sidebar first - EN - EPBC

  • Advice for applicants and approval holders
    • Self assessment
    • Pre-referral meeting
    • Referral applications and proposals
    • Decisions on referred actions
    • Actions without approval
    • Community consultation
    • Surveys and data
    • Bushfires and other natural disasters
    • Action management plans
    • Renewable energy projects
    • Fees, exemptions and waivers
    • Decisions on assessment method
    • Approval notices, conditions and making changes after approval

Decisions on referred actions under the EPBC Act

Australian laws protect certain nationally significant (protected) animals, plants, habitats or places. We call these things 'protected matters'. If your project or development (action) could have an impact on a protected matter, you may need to refer it to the Australian Government so we can assess it.

Once you refer a proposed action to us, it will go through a rigorous referral and assessment process.

If the Environment minister, or their delegate, decides that your action is a controlled action, we'll need to assess it under the EPBC Act.

The minister will decide this within 20 business days of receiving a referral.

We'll tell you the result of the assessment decision via email as soon as possible. We'll also usually publish this decision on our public notices website.

Since the EPBC Act started more than 20 years ago, we've received over 6,000 referrals. Of these, more than 1,000 were controlled actions.

Possible decisions on a referred action

The minister uses the referral process as the main tool to decide:

  • whether an action needs approval
  • if so, what type of assessment is best.

Under the EPBC Act, the minister can make 5 types of decisions on referred actions.

Clearly unacceptable (CU) decision

This decision means that your proposed action has, or will have, a clearly unacceptable impact on protected matters.

Sometimes, the minister may quickly decide this without having to determine whether your proposed action is a ‘controlled action’.

Controlled action (CA) decision

This decision means that your proposed action has, or will have, a significant impact on protected matters.

For the minister to make a controlled action decision, your referral must assess the impacts of your proposed action on a protected matter, consistent with the significant impact guidelines. You'll also need to show the avoidance and mitigation measures you plan to take.

If the minister decides that your proposal is a controlled action, we will need to assess it further. The minister or their delegate will then decide whether to approve it.

The assessment and approval phases only look at impacts that we identified and recorded as part of the controlled action decision.

Not a controlled action - particular manner (NCA-PM) decision

This decision means that the particular manner in which you proposed to take your action ensures that it won't, or isn't likely to, have a significant impact on protected matters.

If we make this decision, you must undertake the action according to the particular manner in the decision notice. This means we won't need to further assess your proposed action

If you don't undertake the action in the manner the decision specifies, you may be in breach of the EPBC Act, and might be fined.

An NCA-PM decision is NOT an approval. Instead, it specifies how you can undertake an action to avoid a significant impact on the environment.

If you want to undertake your action in a different manner, you'll need to re-refer that action under the EPBC Act. In limited circumstances, you may be able to ask for a reconsideration.

Not a controlled action (NCA) decision

This decision means your proposed action is unlikely to have a significant impact on protected matters, no matter how you propose to undertake it.

This in turn means your proposed action needs no further assessment, but you must undertake it as described in your referral.

If the minister decides that your proposal is not a ‘controlled action’, you can't be prosecuted under the EPBC Act for carrying out the work. This is the case even if it ends up having a significant impact on a protected matter or Commonwealth land.

Decisions under s74A of the Act - split referrals/larger actions

If your proposed action appears to be part of a larger action, under section 74A of the EPBC Act, the minister or their delegate may refuse, at the referral decision stage, to accept it. These types of actions are also called 'split referrals'.

This is at the discretion of the minister or their delegate, who may consider several factors in their decision-making process.

If the minister deems your referral part of a larger action, we'll talk to you about what to do next.

Decision-making process for actions covered by a bilateral agreement

Bilateral agreements under the EPBC Act allow states and territories to assess projects under their environmental laws.

Through bilateral agreements, the Australian Government can accredit some of those processes to reduce duplication.

Get in touch

For more information on referred action decisions, please contact EPBC Referrals Gateway on either:

  • Email: EPBC.Referrals@awe.gov.au
  • Phone: 1800 423 135 between 9 am and 4 pm AEST/AEDT.

Find out what’s protected under the EPBC Act

Thanks for your feedback.
Thanks! Your feedback has been submitted.

We aren't able to respond to your individual comments or questions.
To contact us directly phone us or submit an online inquiry

CAPTCHA
This question is for testing whether or not you are a human visitor and to prevent automated spam submissions.

Please verify that you are not a robot.

Skip

Footer

  • Contact us
  • Accessibility
  • Disclaimer
  • Privacy
  • FOI
Last updated: 23 January 2023

© Department of Climate Change, Energy, the Environment and Water

We acknowledge the Traditional Owners of country throughout Australia and recognise their continuing connection to land, waters and culture. We pay our respects to their Elders past, present and emerging.