The Australian Government will notify us of the decision, and we will advise whether a Victorian assessment will apply.
If a proposal is a controlled action and an accredited Victorian assessment process applies, information for State and Commonwealth assessment purposes can be aligned. This avoids duplication and reduces overall assessment time.
After assessment, we provide a report to the Australian Government assessing the likely impacts of the project on matters of national environmental significance to inform the EPBC approval decision.
The bilateral agreement extends the range of Victorian assessment processes to 9.
The assessment process for each proposal depends on the type of impact, its scale and the complexity of the issues.
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This assessment process is for transport proposals established under Part 3 of the Major Transport Projects Facilitation Act 2009. When a project declared under the MTPF Act is a controlled action and requires a Comprehensive Impact Statement (CIS), this process will include the assessment of matters of national environmental significance.
Under the bilateral, public comments must be sought on the scope before the proponent prepares the CIS. The proponent then assesses matters of national environmental significance arising from the proposal by preparing the CIS before exhibition and public review.
At the end of the CIS process, we issue a report to the Australian Government to inform the decision under the EPBC Act.
The environment effects statement (EES) process has been used as an accredited assessment process for Victorian projects since the commencement of the EPBC Act in 2000 and was formally established as a standing accredited process under the previous 2009 Victorian Assessment Bilateral Agreement.
When an EES is required and the project is a controlled action, the EES process includes assessment of matters of national environmental significance.
A draft scope for the EES is advertised seeking public comment before the final scope is issued to the proponent and published.
At the end of the EES process, the minister issues an assessment of the project and its effects, including the matters of national environmental significance. This is provided to Victorian decision-makers as well as the Australian Government to inform their decision making.
This process applies when a project is a controlled action that requires assessment under the Environment Effects Act through conditions set by the minister instead of an EES.
When there is potential for specific significant environmental effects, the conditions will require targeted assessment and a report to be prepared by the proponent. This is followed by exhibition with the opportunity for public comment.
Following public comment, the proponent revises their report and provides it to the us to inform the assessment report. Our report includes conclusions on the matters of national environmental significance and is provided to the Australian Government and the appropriate Victorian decision makers.
This pathway could apply for a project that is a controlled action that must go through a planning scheme amendment process before use, building, or works can be considered for approval.
In that case, the Minister for Planning will appoint an advisory committee in consultation with the responsible authority and Planning Panels Victoria.
The advisory committee will review the proponent's assessment of matters of national environmental significance and the proposed amendment to the planning scheme. Public submissions are invited.
When preparing its report, the advisory committee needs to examine matters relating to Victorian planning considerations and the matters of national environmental significance requirements set out in the bilateral agreement.
The information is then provided to the Australian Government to inform their decision making.
In this process we issue an assessment of the matters of national environmental significance to inform Australian Government decision-making. The permit application remains a standard process administered by the responsible authority, usually the municipal council.
This option may apply for controlled actions that are use, buildings or works requiring a planning permit from a municipal council. The planning permit application and EPBC assessment are run at the same time to avoid duplicated requirements.
If the complexity, scale or public interest is significant, this pathway may not be suitable due to the potential to exceed time limits for the planning permit process. It is better suited to a combined planning scheme amendment and permit application.
This pathway relies on cooperation and agreement between the proponent and the municipal council. The proponent will need to assess the matters of national environmental significance before we prepare and issue the final assessment to the Australian Government. The proponents assessment is done in conjunction with the assessment needed for the planning permit application.
The Commonwealth decision should be finalised before the planning permit decision to support coordinated and specific decision-making.
No new requirements are introduced for council as a result of this process. Additional cooperation and discussion is required to align strategies and share information. Standard timelines and processes for the planning permit application do not change.
The minister issues an assessment on the matters of national environmental significance to inform the decision under the EPBC Act at the same time as giving a decision on the planning permit.
The proponent will need to assess the matters of national environmental significance arising from the controlled action before we prepare and issue the final assessment to the Australian Government. The proponents assessment of these matters is done in conjunction with the assessment needed to inform the planning permit application.
This applies to proposals that are controlled actions that also require one of the following under the Water Act 1989:
a licence to take and use water (section 51)
a licence to construct, alter, operate, remove or decommission any works on a waterway or bore (section 67)
an application for bulk entitlement (section 36)
This pathway can apply when the controlled action does not require an EES or Environmental report and the matters being examined under the Water Act overlap or correspond with the matters of national environmental significance associated with the controlled action decision.
If this pathway is confirmed as suitable it is undertaken by the Minister for Water.
This pathway applies only to development activities affecting values and places on the National Heritage List including World Heritage values, that are also listed on the Victorian Heritage Register and do not require a CIS, EES or Environmental report.
Proponents should engage early with Heritage Victoria to discuss the likelihood of undertaking an accredited process.
If accredited, the permit application and supporting documentation must include an assessment of the likely impacts on matters of national environmental significance.
Once prepared to the satisfaction of Heritage Victoria, the application is advertised for public comment. The proponent must then take the public comments into account to revise their application, and submit the final documentation to Heritage Victoria, who will prepare an assessment report for the Australian Government to inform their decision-making.
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If you would like to receive this publication in an alternative format, please contact the Impact Assessment Unit - environment.assessment@transport.vic.gov.au and we will make reasonable efforts to provide you with an accessible format of the document.
