A container terminal is approved at an Australian port
State planning, EPBC assessment and a sea dumping permit, running largely in parallel, with no queue or scheduling time anywhere in the model. This process is here because it is not the reason there is no container terminal at Newcastle.
longest dependent chain
across 2 bodies
scheduling or queue, not assessment
vs. 1298 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.
| assessment | 540d | Someone is genuinely evaluating the merits. |
|---|
The process, step by step
Applies when: A port lessee seeks to develop container handling capacity requiring dredging and Commonwealth environmental approval.
| # | Step | Who | Why it waits | Clock | Typical | Basis |
|---|---|---|---|---|---|---|
| 1 |
State planning approval
assessment
State significant development or infrastructure assessment, including environmental impact statement and public exhibition. |
NSW Department of Planning, Housing and Infrastructure | assessment | — | 540 estimate | — |
| 2 |
EPBC referral and controlled action decision
referral
Whether the proposal is a controlled action requiring Commonwealth assessment. |
Department of Climate Change, Energy, the Environment and Water | statutory | 28 | 28 legislated | Environment Protection and Biodiversity Conservation Act 1999 (Cth) |
| 3 |
EPBC assessment and approval
assessment
after
EPBC referral and controlled action decision 147d slack
|
Department of Climate Change, Energy, the Environment and Water | assessment | — | 365 estimate | Environment Protection and Biodiversity Conservation Act 1999 (Cth) |
| 4 |
Sea dumping permit for dredge spoil
application
A separate Commonwealth permit, under a separate Act, for placing dredged material at sea. after
EPBC referral and controlled action decision 147d slack
|
Department of Climate Change, Energy, the Environment and Water | assessment | 90 | 365 p90 540d published | Environment Protection (Sea Dumping) Act 1981 (Cth), s 19 |
| 5 |
Commercial preconditions satisfied
decision
Whether the project can proceed on terms anybody will fund. Not a permit, not an assessment, and not visible to a process map. |
— | assessment | — | 0 reported | — |
| 6 | Terminal approved and able to proceed decision | — | assessment | — | 0 estimate | — |
on the critical path scheduling/queue = delay not caused by the assessment itself
Proposed changes
-
The Act says 90 days. The department says over 12 months. Both are correct.
digitise
Section 19 of the Sea Dumping Act requires the Minister to grant or refuse a permit within 90 days. The administering department advises that applications may take over 12 months depending on complexity. Nobody publishes the actual distribution.
-
No permit stopped the Newcastle container terminal. A 2013 deed did, and it is lawful.
remove
The State of NSW must compensate the Port Botany and Port Kembla operators if container traffic at Newcastle exceeds a cap. The ACCC sued and lost twice. NSW extinguished the port's reimbursement liability in 2022 and kept its own, now estimated at up to $4.3 billion.
Sources
- Environment Protection (Sea Dumping) Act 1981 (Cth), s 19: the Minister must grant or refuse a permit within 90 days after the application is made, extended where Subdivision A of Division 4 of Part 11 of the EPBC Act applies
- DCCEEW: sea dumping applications may take over 12 months to be assessed depending on their complexity
- Environment Protection and Biodiversity Conservation Act 1999 (Cth)
- Port of Brisbane Channel Enhancement Project: dredging could start in 2028 and would require a Commonwealth sea dumping permit if material is placed outside internal state waters
- Port of Newcastle 10-year maintenance sea dumping permit renewed September 2022, running to 31 July 2032
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-port-container-terminal.toml and open a pull request, or
send us the correction.
