--- title: "Commonwealth environmental referrals and approvals" description: "An overview of EPBC referrals and approvals, environmental assessment, State approval coordination, conditions, project changes and compliance." canonical: https://stonepillar.com.au/issues/commonwealth-environmental-approvals/ language: en-AU last_updated: 2026-10-14 source_revision: 1296179e97249d22fa332459637b866a57239ff0 publisher: "Stone & Pillar Legal" --- Planning & development # Commonwealth environmental referrals and approvals A proposal can raise Commonwealth environmental approval questions even when it has a clear pathway under NSW planning law. The first task is to identify the proposed action, the environmental matters it may affect and the legal basis for proceeding. That assessment should inform design, expenditure and commitments before work begins. - Jurisdiction New South Wales and Commonwealth - Page type Issue overview On this page - [This page may be relevant if:](https://stonepillar.com.au/issues/commonwealth-environmental-approvals/#for-you-if) - [What this usually means](https://stonepillar.com.au/issues/commonwealth-environmental-approvals/#what-it-means) - [What commonly matters](https://stonepillar.com.au/issues/commonwealth-environmental-approvals/#what-matters) - [How we help](https://stonepillar.com.au/issues/commonwealth-environmental-approvals/#how-we-help) If you have received a decision or notice, a strict review or appeal period may already be running. Confirm it promptly and do not rely on an online enquiry. ## This page may be relevant if: - A proposal may affect nationally protected species, ecological communities, heritage or other protected matters - You need to decide whether to refer a proposal or understand a published referral - A Commonwealth decision, assessment requirement or proposed condition may affect the project - A project change, acquisition or financing arrangement requires review of existing approvals ## What this usually means - The _Environment Protection and Biodiversity Conservation Act 1999_ (Cth) requires a person proposing an action they think may be, or is, a controlled action to refer it for a decision, subject to the statutory exceptions. A controlled action is one requiring approval under the Act. The inquiry includes significant impacts on matters of national environmental significance and other applicable protections, including those involving Commonwealth land. - Referral, assessment and approval are distinct steps. A referral may establish that approval is unnecessary, including because the action will be taken in a specified manner. A controlled-action decision identifies the protected matters requiring assessment and approval. It is not permission to proceed. The Act also allows an early decision that a proposal is clearly unacceptable. - A qualifying State assessment may be used through a bilateral agreement or an accredited process. That does not itself remove a Commonwealth approval requirement. A separate approval exemption must have a legal basis that covers the particular action. NSW consent should therefore be checked alongside the Commonwealth position. - Commonwealth reforms are commencing in stages. Referral and decision dates, the applicable assessment pathway and transitional provisions must be checked before relying on a new process or assuming an existing decision remains sufficient. ## What commonly matters 1. ### The whole action and its impacts The assessment should address the project footprint, stages and related works, together with relevant indirect impacts. Separating construction into contracts or stages does not settle the legal scope of the action. Maps and desktop searches need to be tested against the proposal and available evidence. 2. ### Evidence, alternatives and timing Survey seasons, technical studies and information requests can affect timing and cost. Examining alternative locations, designs and methods early may identify ways to avoid or reduce impacts. Proposed mitigation or offsets do not guarantee approval, and restrictive conditions may affect feasibility. 3. ### What the decision actually permits Check the action described, approved plans, conditions and any specified manner of carrying out the work. A design change, transfer or construction commitment may require further steps. Referral can itself restrict commencement, including components of the referred action, so check the applicable statutory exception before preparatory work. Starting outside the authorised scope or breaching conditions can expose those responsible to enforcement. 4. ### Participation and disputed decisions Public comments should address the relevant protected matters and supporting evidence. Reconsideration and court proceedings have different requirements. We assess the available route, standing, timing, prospects and costs, including the risk of an adverse costs order, before recommending a challenge. ## How we help - Assess referral requirements, the scope of the action and the evidence needed - Review referral and assessment material and coordinate the legal and technical issues - Advise on State assessment coordination, proposed conditions and approval sequencing - Review project changes, approval transfers and compliance obligations in transactions - Prepare submissions and advise on reconsideration, enforcement and available court proceedings This page is general information only and is not legal advice. It may not be current, and how the law applies depends on the specific facts. For advice on your situation, contact Stone & Pillar Legal. ## A Commonwealth approval question? Tell us about the proposal, its current assessment stage and any decision or relevant date. The preliminary call covers - What has happened and the decision you need to make - The authority or other party involved, so we can check for conflicts - Any date stated in the documents you have received - Whether the firm can assist, and what a scoped first step would involve Tell us which document you received, who issued it and any date it states. Keep it to hand for the call. [Speak with a lawyer](https://stonepillar.com.au/contact/?issue=commonwealth-environmental-approvals#schedule) [Request a call back](https://stonepillar.com.au/contact/?issue=commonwealth-environmental-approvals#enquiry) Complimentary A 30-minute preliminary call. No legal advice is provided. Neither booking nor the call engages the firm. Prefer to talk? [(02) 8014 5817 ](tel:+61280145817)· [Email](mailto:enquiries@stonepillar.com.au) Your enquiry will be reviewed by Michael Themis , Principal Solicitor of Stone & Pillar Legal. ## What to bring - Project description, location plans, stages and proposed works - Environmental studies, surveys and assessment material already available - Referral documents, decisions, approvals and conditions - NSW planning applications, consents and agency correspondence - Proposed changes, relevant transaction documents and key dates [Related practice area Project approvals and licensing](https://stonepillar.com.au/services/project-approvals-licensing/) ## Related situations - [Planning & development I need approval for a project Assess approval pathways, environmental issues, planning controls, agency decisions and approval risk.](https://stonepillar.com.au/issues/project-approval/) - [Environment & pollution Biodiversity assessment, clearing and offsets Biodiversity assessment requirements, clearing permissions and offset obligations, including their effect on project design, cost and approval risk.](https://stonepillar.com.au/issues/biodiversity-clearing/) - [Planning & development Aboriginal cultural heritage assessment and approvals Aboriginal heritage assessment, community consultation, harm permits and the effect of cultural heritage constraints on proposed works.](https://stonepillar.com.au/issues/aboriginal-cultural-heritage/) - [Planning & development Exploration and mining titles, approvals and dealings Legal advice on exploration and mining tenements, applications, renewals, due diligence, dealings, access and the approvals needed for proposed work.](https://stonepillar.com.au/issues/exploration-mining-tenements/) [All situations](https://stonepillar.com.au/issues/) Where to start ## Discuss your Commonwealth approvals Start with your proposal, its assessment stage and the decision you need to make. On a short preliminary call we can tell you whether we can assist and what the first step would be. [Request a call back](https://stonepillar.com.au/contact/?issue=commonwealth-environmental-approvals#enquiry) [Speak with a lawyer](https://stonepillar.com.au/contact/?issue=commonwealth-environmental-approvals#schedule) 30 minutes · Phone or Teams · No charge Complimentary 30-minute preliminary call. No legal advice is provided. Neither booking nor the call engages the firm; we act only once we confirm in writing. --- The information and tools on this website are general information only, are not legal advice, and do not create a solicitor–client relationship. Please don’t send confidential or privileged material until we confirm in writing that we can act. Do tell us any deadline or response date; it remains your responsibility until we confirm in writing that we act for you. 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