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 operates independently of Queensland’s state-level planning and environmental legislation. 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 to the Commonwealth Department of Climate Change, Energy, the Environment and Water (DCCEEW) for assessment and potential approval.

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 coal seam gas or large coal mining development

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 threshold for “significant impact” is defined in the Significant Impact Guidelines 1.1 published by the Commonwealth, 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 (currently $330 per unit as of 7 November 2024). Refer to current DCCEEW compliance guidance for 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 determines whether the action is likely to have a significant impact and therefore requires formal referral. We document this self-assessment in detail, as it may be scrutinised by DCCEEW 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, proposed avoidance and mitigation measures, and preliminary offset proposals. We lodge the referral through the DCCEEW online portal and manage all correspondence during the referral decision period.
5. Referral determination - DCCEEW will make one of three determinations:
   • Not a controlled action - The action can proceed without EPBC approval (may be subject to conditions in a “particular manner” decision).
   • Controlled action - particular manner - The action can proceed provided specific conditions are met.
   • Controlled action - The action requires full assessment and approval before it can proceed. DCCEEW will determine the appropriate assessment approach (preliminary documentation, environmental impact statement, public environment report, or assessment on referral information).
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 required under most EPBC approvals.

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.