Alert

Who does this affect?

Major project proponents and developers where state and federal approvals may be required.

What do you need to do?

Consider options for streamlining your assessments, once the agreement is made.

Author
Eliza Bergin  
Senior Associate

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Stephen Davis  
Partner
T +61 3 9643 4107

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Andrew Erikson  
Partner
T +61 3 9643 4123

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Victoria and the Commonwealth have recently prepared a draft bilateral agreement which proposes to streamline approval processes and minimise duplication in assessments between state and federal layers of environment assessments.

What does it mean for you?

If your project potentially requires assessment under state legislation in addition to the Environment Protection and Biodiversity Conservation (EPBC) Act, you may be able to streamline your approach to avoid duplication. Proposed actions that would otherwise require assessment under the EPBC Act could be assessed using one of the accredited Victorian processes in order to meet both state and federal requirements. After assessment, the proposed action would still require approval from the Federal Environment Minister. However, duplication of assessments will be minimised.

What is the issue?

The effect of the proposed bilateral agreement is that if a state environmental assessment is carried out in line with the requirements under the agreement, it may qualify as an assessment under the EPBC Act and will not require further assessment. The Commonwealth Environment Minister retains a discretion as to whether or not the streamlined approach may be adopted in a particular case.

The streamlining approach applies to the following assessments:

• (EES): An assessment submitted to the Victorian Government under the Environment Effects Act 1978 (Vic), including where an EES is required for approval of an action under the Extractive Industries Development Act 1995 (Vic), Mineral Resources (Sustainable) Development Act 1990 (Vic) or petroleum production operation under the Petroleum Act 1998 (Vic).

• (Advisory/planning panel processes): An advisory committee and combined advisory committee/planning panel processes under the Planning and Environment Act 1987 (Vic).

• (Planning permit applications): An application for a planning permit.

• (Works approvals): A works approval application to EPA submitted under the Environment Protection Act 1970 (Vic).

• (Water Act panels): Assessments of applications for bulk water entitlements or amendments or licence to take and use water.

The next step is for the state and federal parties to develop administrative arrangements.