EPBC Act Referrals: When Your Project Needs One

What the EPBC Act protects

The EPBC Act is triggered by potential significant impacts on nine matters of national environmental significance (MNES). These are the interests the Commonwealth has decided warrant federal protection regardless of state boundaries. Any action — including a development, infrastructure project, or land use change — that is likely to have a significant impact on one of these matters may require assessment and approval under the Act.

Knowing whether your project intersects with any MNES is the starting point for assessing your obligations. This is not always obvious from a desktop glance; listed threatened species and communities, migratory species, and wetlands of international importance can be present on sites that appear unremarkable, which is why an ecology and constraints assessment is often the first practical step.

• World heritage properties and national heritage places
• Wetlands of international importance (Ramsar wetlands)
• Listed threatened species and ecological communities
• Listed migratory species
• Commonwealth marine areas and the Great Barrier Reef Marine Park
• Nuclear actions and water resources in relation to coal seam gas and large coal mining

The "significant impact" test

The EPBC Act does not require referral for every project that touches a protected matter — only where the impact is likely to be significant. Significance is assessed against Commonwealth guidance that considers the intensity, duration, and geographic extent of the impact, and the sensitivity and conservation status of the matter affected. The same activity can be significant in one location and not in another.

Applying this test reliably requires understanding both the project and the environmental values present. Underestimating a likely significant impact risks proceeding unlawfully; overestimating it can trigger an unnecessary federal process. A considered impact assessment against the significant impact guidelines is what separates a defensible judgement from a guess.

How the referral process works

Where a significant impact on an MNES is likely, the proponent refers the proposed action to the Commonwealth environment department. The Minister (or delegate) then decides whether the action is a "controlled action" requiring formal assessment and approval, a non-controlled action that can proceed subject to any specified manner, or one that clearly does not need approval. This decision sets the pathway for the rest of the project.

If the action is controlled, it proceeds to an assessment stage — the method is determined by the department and can range from assessment on referral information to a full environmental impact statement. Assessment and bilateral arrangements sometimes allow state processes to inform the federal decision, but the Commonwealth approval remains distinct. Timeframes and information requirements vary with the assessment method.

Preparing a strong referral

A referral stands or falls on the quality of its supporting information. It must describe the proposed action clearly, characterise the environment that could be affected, and assess likely impacts on relevant MNES against the significant impact guidelines. Referrals that demonstrate a genuine understanding of the values present and a credible approach to avoiding and mitigating impacts are more likely to secure a favourable pathway.

This is where survey and assessment work matters. Adequate ecology surveys, habitat assessments, and impact analysis provide the evidence base a referral needs. Proposing avoidance and mitigation measures up front — designing impacts out where possible — often influences whether an action is deemed controlled at all, and shapes the conditions if it proceeds to assessment.

Coordinating federal and state approvals

EPBC Act obligations sit alongside state and local approvals rather than replacing them. Managing both in parallel, and understanding where they interact, is essential to keeping a project on schedule. Ecology surveys and impact assessments commissioned for a state process can often be scoped to also serve a federal referral, provided they are designed with both in mind from the outset.

Sequencing matters too. Discovering an EPBC trigger late — after a state approval is well advanced — can force redesign and delay. Identifying potential MNES issues during early constraints and feasibility work allows the federal question to be resolved in step with the state pathway, which is a hallmark of well-managed environmental approvals.

How ESA helps with EPBC Act matters

Environmental Specialists Australia helps proponents determine whether an EPBC Act referral is required, undertakes the ecology and impact assessment work that underpins that judgement, and prepares referral documentation that clearly addresses the significant impact guidelines. Our consultants approach the significance question with a science-led, defensible method rather than assumption.

We coordinate federal and state environmental inputs so the two pathways progress together, and we report in plain language your project team and legal advisers can rely on. With senior consultants and national coverage across Australia’s ecosystems and planning systems, we help you address federal obligations early and de-risk your approvals rather than discovering surprises late.