State and Federal Environmental Assessment Processes
Commonwealth Environmental Approval – Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)
The proposed development for a residential subdivision and associated infrastructure at 170 Boundary Road and 62 Collins Road, Dromana, associated with the Planning Scheme Amendment C249morn, requires approval under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)
The requirement for approval arises due to the potential for significant impacts on habitat for the endangered Swamp Skink (Lissolepis coventryi), a listed Matter of National Environmental Significance (MNES) under the EPBC Act.
On 24 February 2025, the Commonwealth Department of Climate Change, Energy, the Environment and Water (DCCEEW) determined the proposal to be a controlled action, requiring assessment and approval by the Commonwealth Minister for the Environment and Water.
On 15 April 2026, the Commonwealth Minister approved the project under the EPBC Act, subject to conditions.
A copy of the EPBC Act approval and conditions can be accessed here. 2025-10100-Approval-Decision.pdf(PDF, 2MB)
What this means for the project
The EPBC Act approval is a necessary step for the project to proceed but does not in itself authorise development.
The combined amendment and permit require separate approval under the Victorian Planning & Environment Act 1987. The project must still proceed through the Victorian planning process, including consideration of Planning Scheme Amendment C249morn and Planning Permit Application P20/2355.
The amendment and permit are currently awaiting authorisation from the Minister for Planning to proceed to public exhibition. The Victorian Department of Transport and Planning (DTP) will now consider whether to authorise the Amendment for formal exhibition, having regard to the outcome of the Commonwealth approval.
Victorian Environmental Assessment – Environment Effects Act 1978 (EE Act)
The Victorian Department of Transport and Planning has confirmed that an Environment Effects Statement (EES) is not required for the project in its current form, as it does not meet the referral criteria under the Ministerial Guidelines. If the project scope or impacts change, further assessment may be required.
Please note: Environmental assessments under the EPBC Act and EE Act are undertaken and determined by the Commonwealth and State Governments, respectively. These processes are not managed or decided by Council.