Environmental and planning approval for high speed rail — Newcastle to Sydney
One railway, two complete environmental assessments, on two clocks, to two decision-makers, under two sets of requirements — with the Commonwealth as proponent on one side and approver on the other.
longest dependent chain
across 3 bodies
scheduling or queue, not assessment
vs. 3190 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.
| applicant | 1275d | Waiting on the applicant to supply or fix something. | |
|---|---|---|---|
| third party | 1080d | Waiting on an external body outside the regulator's control. | |
| assessment | 300d | Someone is genuinely evaluating the merits. | |
| statutory | 45d | A legislated period that must elapse regardless of readiness. |
The process, step by step
Applies when: A Commonwealth agency proposes linear infrastructure crossing state land that triggers both the EPBC Act and the NSW critical state significant infrastructure pathway.
| # | Step | Who | Why it waits | Clock | Typical | Basis |
|---|---|---|---|---|---|---|
| 1 |
Development phase: route definition and reference design
application
Two year phase funded in February 2026 to take the route to a design that can be assessed and costed. |
High Speed Rail Authority | applicant | — | 730 reported | — |
| 2 |
Geotechnical, biodiversity and heritage field investigation
assessment
Survey along a 194 km corridor, including seasonal ecological survey windows and Aboriginal cultural heritage assessment. after
Development phase: route definition and reference design 1430d slack
|
High Speed Rail Authority | third party | — | 540 estimate | — |
| 3 |
Refer the action under the EPBC Act
application
after
Geotechnical, biodiversity and heritage field investigation 1420d slack
|
Department of Climate Change, Energy, the Environment and Water | applicant | — | 10 estimate | EPBC Act 1999 (Cth), s 68 |
| 4 |
Controlled action decision
decision
after
Refer the action under the EPBC Act 1380d slack
|
Department of Climate Change, Energy, the Environment and Water | assessment | 28 | 40 legislated | EPBC Act 1999 (Cth), s 75 |
| 5 |
Secretary's environmental assessment requirements (NSW)
referral
NSW sets what the environmental impact statement must address, after consulting agencies and councils. after
Geotechnical, biodiversity and heritage field investigation 1340d slack
|
NSW Department of Planning, Housing and Infrastructure | assessment | — | 90 estimate | Environmental Planning and Assessment Act 1979 (NSW), Division 5.2 |
| 6 |
Prepare the NSW environmental impact statement
application
after
Secretary's environmental assessment requirements (NSW) 975d slack
|
High Speed Rail Authority | applicant | — | 365 estimate | — |
| 7 |
Prepare Commonwealth assessment documentation
application
Documentation addressing the Commonwealth guidelines for the matters protected under the EPBC Act. after
Controlled action decision 1140d slack
|
High Speed Rail Authority | applicant | — | 240 estimate | — |
| 8 |
Public exhibition of the environmental impact statement (NSW)
notification
after
Prepare the NSW environmental impact statement 930d slack
|
NSW Department of Planning, Housing and Infrastructure | statutory | 28 | 45 estimate | — |
| 9 |
Commonwealth public comment period
notification
after
Prepare Commonwealth assessment documentation 1120d slack
|
Department of Climate Change, Energy, the Environment and Water | statutory | 20 | 20 legislated | EPBC Act 1999 (Cth), ss 93-95 |
| 10 |
Submissions report and amendment report
application
Respond to every submission received on a corridor crossing many communities.
|
High Speed Rail Authority | applicant | — | 180 estimate | — |
| 11 |
NSW assessment report
assessment
after
Submissions report and amendment report 600d slack
|
NSW Department of Planning, Housing and Infrastructure | assessment | — | 150 estimate | — |
| 12 |
Commonwealth recommendation report
assessment
after
Submissions report and amendment report 630d slack
|
Department of Climate Change, Energy, the Environment and Water | queue | — | 120 estimate | EPBC Act 1999 (Cth), s 100 |
| 13 |
NSW infrastructure approval
decision
after
NSW assessment report 540d slack
|
NSW Department of Planning, Housing and Infrastructure | assessment | — | 60 estimate | Environmental Planning and Assessment Act 1979 (NSW), s 5.19 |
| 14 |
Commonwealth approval and conditions
decision
after
Commonwealth recommendation report 570d slack
|
Department of Climate Change, Energy, the Environment and Water | assessment | 56 | 60 legislated | EPBC Act 1999 (Cth), s 133 |
| 15 |
Corridor acquisition
registration
Acquire the land and interests the corridor requires, by agreement or compulsorily.
|
— | third party | — | 540 estimate | — |
on the critical path scheduling/queue = delay not caused by the assessment itself
Machine-flagged questions
These are produced automatically from the dependency graph. They are questions for a practitioner, not findings. Each one needs a person who has run this process to say whether the constraint is real.
Steps that may not need to wait
- Secretary's environmental assessment requirements (NSW) is a referral queued behind work by a different body. Does it consume that body's output, or is it merely sequenced that way by habit?
- Public exhibition of the environmental impact statement (NSW) is a notification queued behind work by a different body. Does it consume that body's output, or is it merely sequenced that way by habit?
- Commonwealth public comment period is a notification queued behind work by a different body. Does it consume that body's output, or is it merely sequenced that way by habit?
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.
-
One environmental impact statement for high speed rail, not two
merge
A Commonwealth agency building a Commonwealth priority prepares two environmental impact assessments of the same railway, runs two public comment periods with the affected communities, and waits on two decisions. On the database's own numbers this costs almost no calendar time — which is a more interesting finding than if it did.
Sources
- Environment Protection and Biodiversity Conservation Act 1999 (Cth)
- Environmental Planning and Assessment Act 1979 (NSW), Division 5.2
- Infrastructure Australia, Stage 3 Evaluation Report, High Speed Rail Sydney-Newcastle, November 2025
- Railway Gazette International, 'Newcastle-Sydney high speed railway moves into development phase', 3 March 2026
- AECOM, appointment as Environmental Planning and Assessment Advisor for the development phase, 25 August 2026
Something wrong here?
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