Raw Aus Pol

Simple Wins / Australian Red Tape Every step, every clock, every authority -- written down.

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.

developmentGreenfield residential subdivision on land supporting a listed threatened species or ecological community skeleton compare across jurisdictions
755 days elapsed
longest dependent chain
10 discrete steps
across 1 bodies
12% waiting on availability
scheduling or queue, not assessment
0 days saved by concurrency
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.

#StepWhoWhy it waits ClockTypicalBasis
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 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.
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.
— applicant — 180 estimate —
6 Public comment on the documentation notification 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 — applicant — 60 estimate —
8 Departmental assessment and recommendation report assessment 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

  1. Environment Protection and Biodiversity Conservation Act 1999 (Cth), Parts 7-9
  2. ANAO, Auditor-General Report No. 47 of 2019-20, Referrals, Assessments and Approvals of Controlled Actions under the EPBC Act
  3. 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.