EPBC Act Referrals and Assessments

Queensland Ecologists provides expert assessment and referral services under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) for projects that may have a significant impact on Matters of National Environmental Significance (MNES). We guide proponents through the Commonwealth environmental assessment process - from initial self-assessment through to referral, assessment, and compliance with approval conditions.

The EPBC Act is Australia’s primary Commonwealth environmental legislation, and its assessment and approval framework is a separate Commonwealth regime, although assessment may sometimes be coordinated with Queensland’s state-level processes under bilateral arrangements. Getting the EPBC assessment right is critical - referral decisions, assessment approaches, and approval conditions all have significant implications for project timelines, costs, and ongoing compliance obligations.

What Are EPBC Act Referrals & Assessments?

The EPBC Act protects nine Matters of National Environmental Significance (MNES). Any action - including development, land clearing, infrastructure construction, or changes to land use - that is likely to have a significant impact on one or more MNES requires referral for assessment and potential approval under the EPBC Act. Since 1 July 2026, referrals are assessed by the National Environmental Protection Agency (National EPA), which assesses projects and sets conditions under delegation from the Environment Minister; the formal decisions are made by the Environment Minister or delegate.

The nine MNES protected under the EPBC Act are:

• World Heritage properties
• National Heritage places
• Wetlands of international importance (Ramsar wetlands)
• Listed threatened species and ecological communities
• Listed migratory species
• Commonwealth marine areas
• The Great Barrier Reef Marine Park
• Nuclear actions (including uranium mining)
• A water resource in relation to unconventional gas development or large coal mining development

Beyond the nine MNES, the EPBC Act also regulates certain other actions as protected matters - including actions on Commonwealth land (and actions outside Commonwealth land that may affect it), actions taken by Australian Government agencies, and impacts on Commonwealth heritage places overseas.

In South East Queensland and coastal Queensland, the most commonly triggered MNES are listed threatened species and ecological communities, migratory species, and Ramsar wetlands. Common species triggers include the koala (Phascolarctos cinereus), greater glider (Petauroides volans), grey-headed flying-fox (Pteropus poliocephalus), and various listed ecological communities such as the Lowland Rainforest of Subtropical Australia.

When Do You Need an EPBC Act Referral?

An EPBC referral is required when your proposed action is likely to have a significant impact on one or more MNES. The Significant Impact Guidelines 1.1 published by the Commonwealth provide guidance for assessing whether an impact is likely to be significant, and the assessment considers factors such as:

• The extent and condition of the habitat to be impacted
• The importance of the habitat for the species or community (breeding, foraging, dispersal)
• The size and viability of the affected population
• Whether the impact will fragment, isolate, or reduce the extent of habitat
• Whether the action will introduce invasive species, disease, or other threatening processes
• Cumulative impacts in combination with other actions in the area

Common project types that trigger EPBC referrals in Queensland include residential subdivisions in koala habitat, infrastructure projects affecting waterway crossings or wetlands, mining and resource projects, large-scale land clearing, and wind farm or solar farm developments that may affect threatened or migratory species.

It is an offence under the EPBC Act to take an action that has, will have, or is likely to have a significant impact on a MNES without approval. Penalties for non-compliance are significant and are calculated using Commonwealth penalty units. Refer to current National EPA compliance guidance for the applicable penalty amounts.

Our Process

Our EPBC Act referral and assessment process follows the established Commonwealth framework:

1. Protected matters search and desktop assessment - We conduct a Protected Matters Search Tool (PMST) search and comprehensive desktop assessment to identify all MNES potentially present in and around the project area. We review the Species Profile and Threats Database (SPRAT) for each potentially affected species and ecological community to understand their ecology, threats, and habitat requirements.
2. Significant impact self-assessment - We conduct a rigorous self-assessment of the proposed action against the Significant Impact Guidelines 1.1 for each relevant MNES. This assessment assesses and advises whether the action is likely to have a significant impact and therefore whether a formal referral is warranted. We document this self-assessment in detail, as it may be scrutinised by the National EPA or in legal proceedings.
3. Targeted field surveys - Where the self-assessment identifies that significant impacts are possible, we conduct targeted field surveys in accordance with relevant Commonwealth survey guidelines for each MNES. This may include threatened species surveys, habitat condition assessment, ecological community verification, and waterway or wetland assessment.
4. Referral preparation and lodgement - If a referral is warranted, we prepare the referral form and supporting documentation, including detailed impact assessment and proposed avoidance and mitigation measures. We lodge the referral through the National EPA online portal and manage all correspondence during the referral decision period.
5. Referral decision - The Environment Minister or delegate will make one of the recognised referral decisions:
   • Clearly unacceptable - The action is determined to have clearly unacceptable impacts and cannot proceed as proposed.
   • Controlled action - The action requires full assessment and approval before it can proceed. The Environment Minister or delegate will determine the appropriate assessment method (preliminary documentation, public environment report, environmental impact statement, public inquiry, assessment on referral information, or an accredited assessment process under a bilateral agreement).
   • Not a controlled action - particular manner - The action can proceed without EPBC approval provided it is taken in the particular manner specified. This is not an approval, and the specified manner must be followed exactly.
   • Not a controlled action - The action can proceed without EPBC approval.
   • Refusal to accept a split referral under section 74A - The referral is not accepted where it seeks to split a larger action into components.
6. Assessment and approval - If the action is determined to be a controlled action, we prepare the required assessment documentation and manage the assessment process through to approval. This may include preparing preliminary documentation, contributing to environmental impact statements, calculating offsets under the EPBC Environmental Offsets Policy, and negotiating approval conditions.

Related Services

EPBC Act assessment frequently runs in parallel with state-level ecological assessment. Related services include:

• MSES Assessments - Assessment of Matters of State Environmental Significance, which often overlap with MNES and are assessed concurrently.
• Ecological Constraints Analysis - Early-stage identification of both state and Commonwealth ecological constraints to inform project planning.
• Due Diligence Assessments - Pre-purchase assessment that identifies potential EPBC triggers before you commit to a property or project.
• Environmental Auditing & Compliance - Ongoing compliance monitoring for EPBC approval conditions, including annual compliance reporting where required by the approval conditions.

Get a Quote

If your project may affect Matters of National Environmental Significance, early engagement with the EPBC Act process is essential. Queensland Ecologists has extensive experience preparing EPBC referrals and managing Commonwealth assessment processes for projects across Queensland.

Request a quote online or call us on (07) 3018 7538 to discuss your project. We can provide an initial indication of whether a referral is likely to be required and scope the assessment work needed - often within a single phone call.