EPBC Referrals

The Environment Protection and Biodiversity Conservation (EPBC) Act means that Federal approval is required when a proposed development may have a significant impact on ‘matters of national environmental significance’ (NES). Practical Ecology’s understanding of the assessment and referral processes means we give our clients the best chance of satisfying EPBC requirements.

Matters of National Environmental Significance include Australia’s world heritage sites, national heritage places, internationally important wetlands, nationally threatened species and ecological communities, migratory species and Commonwealth marine areas.

When a NES may be impacted by a proposed development, a submission – known as a ‘referral’ – is prepared for the Department of the Environment, Water, Heritage and the Arts (DEWHA), who administer the Act. Based on this referral, the department assesses the project and makes a recommendation to the Minister on whether or not it should proceed. Practical Ecology’s experience in preparing thorough, expert referrals minimises the risk of the delays that poorly prepared submissions can encounter.

Although EPBC referrals are independent of state planning permit requirements they both use similar information. Practical Ecology’s reports can easily be adapted to satisfy both, with detailed information on the site’s flora and fauna, habitat hectare assessments and net gain analyses. We also suggest ways of avoiding or mitigating the impacts of the proposed development and create offset management plans for unavoidable losses - all of which help obtain DEWHA (and state government) approval.

Because Practical Ecology understands the requirements of the EPBC Act, and has the expertise to competently conduct fieldwork and analysis, we give client’s referrals the best chance of being approved.

Examples of EPBC Referrals

Footbridge, Werribee River, Wyndham City Council, Wyndham Park, Werribee

When Wyndham City Council proposed to build a footbridge over the Werribee River they engaged Practical Ecology to conduct a detailed flora and fauna survey of the site.

Practical Ecology’s flora and fauna experts determined that, according to the EPBC ‘Protected Matters Search Tool’, there were 22 possible threatened species occurring within a 5km radius of the site. Although a comprehensive ecological assessment found none of these species onsite, potential habitat for one species, the growling grass frog, was identified. Further review of fauna records uncovered that growling grass frogs had been found within a kilometre of the site. On this basis it was decided an EPBC referral was required.

Practical Ecology’s referral included the results of our flora and fauna studies as well as proposed measures to avoid or reduce impacts on the growling grass frog. These included a sensitive bridge design, fencing to restrict human and dog access to the river, retaining dense vegetation along the banks and minimising illumination on the water.

Because of these mitigation measures the EPBC referral concluded that the bridge was unlikely to have a significant effect on the frog as potential impacts were being avoided.

Photo: The Werribee River near the site of the proposed bridge

Epping-Craigieburn Sewerage Project, Yarra Valley Water, Epping North

Yarra Valley Water (YVW) proposed to install a sewer tunnel through a tract of grassland adjoining the Merri Creek. Five shafts would be required to be dug in the grassland to bore the tunnel. YVW contracted Practical Ecology to assess the ecological values of the area.

Practical Ecology identified native vegetation and potential habitat areas, providing YVW with the information they needed to best position the shafts. Practical Ecology then undertook more detailed flora and fauna surveys, including monitoring for the golden sun moth, searches for growling grass frogs and spotlighting for nocturnal animals. Flora surveys, including quadrats, identified areas of native grass and confirmed there were no EPBC species on site.

The EPBC Protected Matters Search Tool indicated there were potentially twelve threatened fauna species within a kilometre of the location. Although these were not confirmed during our fauna surveys, the proximity of the creek, a wetland and areas of suitable habitat, meant that one particular shaft site might support the growling grass frog and striped legless lizard. Practical Ecology therefore recommended – and subsequently completed - an EPBC referral. Our studies showed the other proposed shaft sites did not require referrals.

Our previous survey work meant that Practical Ecology was able to quickly provide a professional and comprehensive referral, resulting in state and federal approval for the work.

Photo: Skink

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