Environment Assessment Process in Victoria
Environment assessment is the process of investigating and considering the potential environmental impacts or effects of a proposed development, according to the Environment Effects Act 1978.
It is not an approval process itself, but instead is a way of enabling Ministers, local government and statutory authorities to make informed decisions about whether a project with potentially significant environmental effects should proceed.
The central part of the process is the preparation of a rigorous Environment Effects Statement (EES). The proponent of the development is responsible for preparing an EES if the Minister for Planning decides that one is required. After the EES is completed and released for public comment, the Minister provides an assessment to the relevant decision-makers. There are also opportunities for community involvement at certain stages of the process.
The Department of Planning and Community Development coordinates the process, implementing Ministerial Guidelines that set out the details under the Environment Effects Act. A summary of how the process works under these guidelines is available on this page, or the full document can be downloaded below:
Ministerial Guidelines for Assessment of Environmental Effects (PDF - 582 Kb)
In those cases where an EES is not required, assessment of environmental impacts may still be required under the Planning and Environment Act 1987 or the Environment Protection Act 1970.
In addition, assessment and approval may be needed under the Commonwealth's Environment Protection and Biodiversity Conservation Act 1999 where a significant impact on a specified matter of national environmental significance could occur.
If an EES is required, the preparation of a Cultural Heritage Management Plan becomes mandatory under the provisions of the Aboriginal Heritage Act 2006. Information on how cultural heritage legislation interacts with the environment assessment process can be downloaded below:
EES Advisory Note: Aboriginal Cultural Heritage (PDF - 218 KB)
What is an Environment Effects Statement?
An Environment Effects Statement (EES) usually contains:
- A description of the proposed development
- An outline of public and stakeholder consultation undertaken during investigations and the issues raised
- A description of the existing environment that may be affected
- Predictions of significant environmental effects of the proposal and relevant alternatives
- Proposed measures to avoid, minimise or manage adverse environmental effects
- A proposed program for monitoring and managing environmental effects during project implementation.
The EES process can be broken down into several discrete steps:
- 1. Referral to the Minister
- Yes, EES is required
Approval decisions are put on hold until the EES process is completed. - No, EES is not required
Decision makers can proceed with their approval process. - No, EES is not required but conditions must be met
Conditions might relate to the location or dimensions of the project or mitigation measures, or alternately requirements for further studies or consultation. - A desktop review of written submissions
- A conference of submitters and review of submissions
- A formal hearing, where the proponent and submitters can speak and present expert witnesses.
- Will have an acceptable level of environmental effects
- Will not have an acceptable level of environmental effects
- Would need major modifications and/or further investigations to achieve acceptable outcomes.
Any project that could have significant environmental effects should be referred to the Minister for Planning for a decision on whether an EES is required. The proponent normally does the referral, although a decision-maker may also do so. See more information on the referrals process.
The Minister will normally make one of three decisions within 20 business days of accepting a referral:
2. Scoping of the EES
The issues that should be investigated and documented in the EES are set out in "scoping requirements" issued by the Minister. These are different for each project and depend on the associated environmental risks.
Draft scoping requirements are prepared following input from the proponent and other agencies. These are released for public comment for at least 15 business days before the final scoping requirements are published.
3. EES prepared by the proponent
The proponent must put together a study program and consultation plan based on the scoping requirements.
A Technical Reference Group, with members from government agencies, local government and statutory authorities, is usually appointed to provide advice to the proponent and DPCD during the preparation of the EES.
4. Public exhibition
When the Minister is satisfied the EES is suitable, it is released for public comment for between 20 and 30 business days. During this time the public can make written submissions.
5. EES inquiry
The Minister may appoint an inquiry to evaluate the effects, including by reviewing the EES and public submissions, and then report back. The inquiry may take one of three forms, depending on how complex the issues are:
6. Minister’s assessment
As the final stage of the EES process, the Minister prepares an assessment considering all relevant information including the EES documents, public submissions, the proponent’s response and the inquiry report. The Minister’s assessment is normally provided within 25 business days of the inquiry report being finalised.
The assessment includes findings on the environmental effects and may reach one of three conclusions, i.e. that the project:
7. Decision made
Decision-makers must consider the Minister’s assessment in deciding whether to approve a project under Victorian law or to authorise public works. While the recommendations in the assessment are authoritative, they are not binding on decision-makers.
How can the community be involved?
When the proponent prepares their EES they must develop and implement a Consultation Plan to inform individuals and groups who could be affected and provide opportunities for input. Consultation helps the proponent to identify issues of concern and potential effects, as well as get feedback from stakeholders on project options or potential mitigation measures.
Members of the public can also participate in the EES process by providing written comments on the draft scoping requirements and the final EES. If an inquiry is appointed there may also be an opportunity to make a verbal submission.
Please note: Document(s) on this page are presented in PDF format. If you do not have the Adobe Reader, you can download a copy free from the Adobe web site.