Commonwealth environmental approval for a residential subdivision
The federal approval track that runs alongside -- not instead of -- state planning approval. Where triggered on a housing project it is commonly the longest single step in the chain, and almost none of its elapsed time is visible in state planning statistics.
longest dependent chain
across 1 bodies
scheduling or queue, not assessment
vs. 755 if run end-to-end
Where the time goes
Critical-path days only. Steps that run alongside others are real work but do not lengthen the process, so counting them here would overstate the prize.
| third party | 270d | Waiting on an external body outside the regulator's control. | |
|---|---|---|---|
| applicant | 245d | Waiting on the applicant to supply or fix something. | |
| assessment | 130d | Someone is genuinely evaluating the merits. | |
| queue | 90d | Waiting behind unrelated work in a backlog. | |
| statutory | 20d | A legislated period that must elapse regardless of readiness. |
90 of 755 elapsed days are spent waiting for a person or a meeting rather than for a judgement to be formed. Removing that time changes no assessment standard and lowers no bar -- it is the cost of scheduling alone.
The process, step by step
Applies when: The action is likely to have a significant impact on a matter of national environmental significance. This is a self-assessed trigger: the proponent decides whether to refer, and the department decides whether approval is required.
| # | Step | Who | Why it waits | Clock | Typical | Basis |
|---|---|---|---|---|---|---|
| 1 |
Ecological survey and impact assessment
application
Field survey to establish presence of listed species and communities, prepared to a standard the department will accept. |
— | third party | — | 270 estimate | — |
| 2 |
Refer the action to the department
application
after
Ecological survey and impact assessment 480d slack
|
Department of Climate Change, Energy, the Environment and Water | applicant | — | 5 legislated | EPBC Act 1999 (Cth), s 68 |
| 3 |
Controlled action decision
decision
The department decides whether the action needs approval at all. after
Refer the action to the department 440d slack
|
Department of Climate Change, Energy, the Environment and Water | assessment | 28 | 40 legislated | EPBC Act 1999 (Cth), s 75 |
| 4 |
Decision on assessment approach
decision
Whether the action is assessed on preliminary documentation, by public environment report, by environmental impact statement, or under an accredited state process. after
Controlled action decision 410d slack
|
Department of Climate Change, Energy, the Environment and Water | assessment | 28 | 30 legislated | EPBC Act 1999 (Cth), s 87 |
| 5 |
Prepare assessment documentation
application
Preliminary documentation or an environmental impact statement, addressing the guidelines the department sets. after
Decision on assessment approach 230d slack
|
— | applicant | — | 180 estimate | — |
| 6 |
Public comment on the documentation
notification
after
Prepare assessment documentation 210d slack
|
Department of Climate Change, Energy, the Environment and Water | statutory | 20 | 20 legislated | EPBC Act 1999 (Cth), ss 93-95 |
| 7 |
Respond to submissions and finalise documentation
application
after
Public comment on the documentation 150d slack
|
— | applicant | — | 60 estimate | — |
| 8 |
Departmental assessment and recommendation report
assessment
after
Respond to submissions and finalise documentation 60d slack
|
Department of Climate Change, Energy, the Environment and Water | queue | — | 90 estimate | EPBC Act 1999 (Cth), s 100 |
| 9 | Approval decision and conditions decision | Department of Climate Change, Energy, the Environment and Water | assessment | 56 | 60 legislated | EPBC Act 1999 (Cth), s 133 |
| 10 |
Secure and register environmental offsets
registration
only if triggered Acquire, protect and legally secure offset land to satisfy the approval conditions. Triggered when: The approval is conditioned on offsets, which for a residential subdivision affecting listed species it usually is.
|
— | third party | — | 180 estimate | — |
on the critical path scheduling/queue = delay not caused by the assessment itself
Proposed changes
-
Publish and reuse ecological survey data instead of resurveying
digitise
~180d The longest single delay in federal environmental approval happens before any application exists: waiting for the season in which a species can lawfully be surveyed. Survey data is collected at proponents' expense, submitted to government, and then not made usable by the next proponent on the next block.
-
Assess once under an accredited state process, decide twice
merge
~150d Where a project needs both state and Commonwealth environmental approval, two documents are prepared, two consultations are run and two assessments are performed on the same impacts. Assessment bilateral agreements already allow one assessment to serve both decisions — they are simply not in place for most of the country.
Sources
- Environment Protection and Biodiversity Conservation Act 1999 (Cth), Parts 7-9
- ANAO, Auditor-General Report No. 47 of 2019-20, Referrals, Assessments and Approvals of Controlled Actions under the EPBC Act
- Department of Climate Change, Energy, the Environment and Water, published referral and assessment guidance
Something wrong here?
This page is wrong in some way -- every page like it is. If you have run
this process, the most useful thing you can do is tell us which step took
longer than we say and why. Edit
data/processes/au-epbc-referral.toml and open a pull request, or
send us the correction.
