Referral applications and proposals

Referring your project or development (action) to us will help you find out whether it needs further assessment or approval under the Environment Protection and Biodiversity Act 1999 (EPBC Act). Make a referral if you think your project could impact protected animals, plants, habitats or places.

 

If your project could impact nationally significant (protected) animals, plants, habitats or places, you may need to refer it to the Australian Government.

We call these things 'protected matters', and you can use our:

Your referral helps the minister decide:

  • if your project is a controlled action (significant impacts are likely) that needs approval
  • if your project needs approval, what level of assessment it requires.

You can refer your action even if you don't think it will have a significant impact, or if you’re unsure.

Failing to refer actions for the minister’s approval can result in serious penalties.

Before making an EPBC referral

Not all projects need referral. To find out if yours does, follow the self-assessment process steps in order.

Self-assessment

The first step is to find out if the EPBC Act relates to your activity.

Start with a self assessment. This helps you check which matters we protect and regulate, and gives you some tools to see which rules apply to your project.

Pre-referral meeting

If you think your project might need a referral, book a free pre-referral meeting with us. While this meeting is optional, we'd really like to meet before you submit a referral application.

In the meeting, we’ll discuss:

  • the nature of your project, and how big and complex it is
  • the assessment process, including any costs
  • potential impacts to protected matters and how to avoid or mitigate them
  • what type of documents and evidence, such as ecological surveys, to include with your referral.

If you decide not to refer your project to us, keep a record of your self-assessment and how you came to your decision. It may be useful if you need to provide evidence for your decision later on.

Projects in a bushfire-affected area

Special considerations may apply if your project is in a bushfire-affected area, or is about bushfire fighting or management.

Projects in the Great Barrier Reef Marine Park (GBRMP)

If your proposed project is in the GBRMP, we suggest that you make contact with the Great Barrier Reef Marine Park Authority (GBRMPA). You'll need to discuss your project with them, and may need a permit under the GBRMP Act.

When you refer your project, we'll consult with the GBRMPA to make sure they're aware of your proposal.

Contact the GBRMPA for more information.

Who can refer a project under the EPBC Act

Under the EPBC Act, you can only refer a project to us if you're:

  • the person who's proposing to take the action
  • a Commonwealth, state or territory government, or an agency that's aware of a proposed action, with administrative responsibilities relating to that action.

You can ask someone else to prepare and submit your referral for you, but you remain responsible for the project.

Referral process

A correct and complete referral will progress faster. If we need to ask you for more information, the process will be slower and could cost more.

Your referral must clearly state:

  • all direct, indirect and facilitated impacts that your project could have on protected matters
  • if impacts to protected matters are likely to be significant.

The referral must also:

  • show how you've designed your project to avoid or reduce any significant impacts to protected matters
  • explain how you'll implement your avoidance or mitigation measures
  • explain how any avoidance or mitigation measures you'll use are likely to succeed
  • attach supporting information, such as surveys, reports and clear, readable maps of your project area.

We recommend:

  • using the report from the PMST tool to make a list of the protected matters that your project might impact
  • checking SPRAT for the nature and habitat of the species on your list
  • cross-checking the SPRAT results with the Significant Impact Guidelines.

Use the information from your pre-referral meeting to help you decide what information to include in your referral.

EPBC referral process

To refer your project:

  1. Register for and log in to the EPBC Act Business Portal.
  2. Start drafting your application. Once you've added some basic information to your application, you can print a copy of your draft. This lets you see the entire form, and plan the rest of the information you'll need .
  3. Gather the information you need to complete the form, and any other information that supports your referral.
  4. Complete the form.

Use Ask Us Anything if you have any questions.

You can also contact the Referrals Gateway team on EPBC.Referrals@environment.gov.au if you’re having trouble with the online services system.

Referral fees

You may need to pay a fee for your referral. If you do, you’ll get an invoice from us with payment instructions.

However, you may be entitled to either claim a fee waiver or request an exemption.

Avoiding or reducing impacts

In your referral, describe the measures you'll use to avoid, mitigate or manage environmental impacts to protected matters. Include:

  • what the measure is
  • how the measure will work
  • the timeframe or management plan for the measure.

Measures could include:

  • only working at certain times, for example, to avoid key breeding or nesting periods for a protected matter
  • avoiding a key breeding or foraging habitat
  • design measures, like making routes into the site to avoid a habitat
  • using specific work practices, such as avoiding artificial light spill, or minimising dust or noise.

For example, building when it won’t affect the breeding, roosting or nesting season of a listed threatened species shows that you’re minimising impacts to a protected species.

Include supporting information on your mitigation measures, such as whether they’ll work and how well. You might also need additional agreements, such as from council or landowners, to undertake your mitigation measures

Environmental offsets

Environmental offsets help to make up for impacts you can't avoid or mitigate.

The minister or their delegate can't take environmental offsets you propose into account when they decide whether your project is a controlled action.

This means information on your proposed offsets won't be relevant if they declare your project:

  • not a controlled action
  • not a controlled action – particular manner.

If your project is declared a controlled action, thinking early about offsets could help streamline the assessment process.

Learn more about offsets in the EPBC Act Environmental Offsets Policy and its assessment guide.

Supporting information

Include enough supporting information to enable the minister to make an informed decision. Provide this information as attachments to your referral, such as:

  • scale maps, figures or diagrams showing the area and boundaries of your project and impacts to a habitat
  • desktop research
  • surveys and data using a Commonwealth-approved methodology
  • reports
  • technical advice
  • photos (such as aerial shots) and videos.

Any maps, figures or diagrams you include must have:

  • a clear, legible legend
  • enough information to identify the place in it's context, for example road, river or creek names
  • clear titles that connect the map/figure to your project.

Make sure your attachments are less than 5MB each. You can separate out photos, maps and figures if you need to.

Quality data

Giving robust baseline data about the existing conditions is important. The data should relate to the relevant protected matters that your project could impact, including:

  • important features of any populations that your project might impact
  • the location of that population
  • the population's available habitat
  • the quality and type of its habitat - for example, foraging or breeding.

This data is the basis for working out the likely and actual impacts of your proposal.

When designing and undertaking surveys, follow any survey guidelines for the protected matters relevant to your project outlined:

You may need to plan surveys seasonally, more than once and over time, for:

  • listed threatened species
  • listed migratory species
  • ecological communities.

Commercial in confidence

If you believe that any of your information is confidential, clearly identify it and explain why it's confidential.

The minister may decide not to publish this information if you demonstrate that:

  • releasing the information would cause competitive detriment
  • the information isn't in the public domain
  • the information doesn't need to be disclosed under another law of the Commonwealth, or a state or a territory
  • the information isn't easy to find.

Getting a decision

The Referrals Gateway will validate your referral application and prepare it for publishing. They'll let you know if you need to clarify anything before it can be published.

Once we've confirmed that your application is valid, we'll publish your referral on the Public Notices page. At this point, we'll begin the 20-business-day decision timeframe.

The public will be able to comment on your referral for the first 10 business days of this time . Once the public comment period closes, the minister or their delegate will make their decision within 10 more business days.

There are 5 possible outcomes.

Controlled action (CA)

If the minister or their delegate declares that your project is a controlled action, it needs further assessment under the EPBC Act.

Your project moves to the next stage of the process: Step-by-step guide to our assessment process under the EPBC Act.

Not a controlled action (NCA)

If the minister decides that your project isn't likely to have a significant impact on a protected matter, you don’t need to move to the next stage of assessment.

Your project can go ahead in the way you referred it to us, subject to approvals from other levels of government.

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

The minister may decide you can go ahead if you do so in a particular way to avoid impacts.

You can proceed with your project under the condition that you meet any requirements we specify. You'll also need to regularly report on your compliance.

If an NCA-PM decision is an option, we'll tell you once we validate your referral. Before the minister makes an NCA-PM decision, we'll consult with you about the particular manners to confirm that:

  • they accurately reflect the measures proposed in your referral
  • you're able to implement them.

An NCA-PM decision attaches to the action, not to the person proposing to take the action. This means that if someone else needs to complete your action - for example, if you sell the site - you must give them the details of the particular manners.

The new person must then undertake the action in the manner specified in the referral decision notice. If they can do this, they won't need to re-refer the action to us.

Clearly unacceptable

If your project has clearly unacceptable impacts on a protected matter, the minister may decide that you can’t proceed.

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.

Find out more about how the minister (or their delegate) makes decisions on referred actions.

Get in touch

Contact our Referrals Gateway team: