Commonwealth Environmental Assessment – Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)
On 24 February 2025, the Commonwealth Department of Climate Change, Energy, the Environment, and Water (DCCEEW) determined that the proposed residential subdivision and development of the subject land constitutes a ‘controlled action’ which requires environmental assessment and approval under the Commonwealth’s EPBC Act before it can proceed.
Assessment and approval are required because the proposed development impacts habitat for the Swamp Skink (Lissolepis coventryi) which was listed as an endangered species (and therefore a Matter of National Environmental Significance) under the EPBC Act on 25 March 2023. You can see the DCCEEW decision here. or in the document library on this page.
This decision is consistent with Council’s submission to DCCEEW which was lodged by officers on 10 February 2025 and adopted by Council on 25 February 2025. Council’s submission recommended that the proposed development be a controlled action because it is likely to have a significant impact on Swamp Skink habitat.
The DCCEEW also determined that the assessment approach will proceed via ‘preliminary documentation’, which means that DCCEEW will assess the proposal based on the information already supplied by the proponent as well as any other relevant material identified by the federal Minister for Environment and Water as being necessary to adequately assess the controlled action.
Once all information has been provided by the proponent to the satisfaction of the Minister, the Minister will direct the proponents to publish the referred controlled action for public comment. The reference for the controlled action is: EPBC Number: 2025/10100.
During the public comment stage, anyone can make a submission to the Minister about the proposed controlled action. Following the public comment stage, the proponent may revise their proposal in response to any public comments and submit the revised information to the DCCEEW which will then prepare a recommendation and report for the Minister to decide whether to approve the controlled action, with or without changes.
Victorian Environmental Assessment – Environment Effects Act 1978 (EE Act)
As per its decision of 25 February 2025, Council also requested that the proponent reconsider the implications of the project under the Victorian Environment Effects Act 1978 (EE Act) and re-refer the project for assessment by the State Government’s Impact Assessment Unit (IAU). The proponent has since confirmed that they have re-referred the project to the IAU and are currently awaiting a response.
Impact on authorisation of proposed combined Amendment C249morn and PP20/2355
Council is awaiting a decision from the Victorian Government on next steps in the EE Act assessment process, as well as a decision from the Commonwealth’s DCCEEW on next steps for the EPBC Act assessment process.
The Victorian Department of Transport & Planning has indicated that it may hold off on deciding whether to authorise Council to formally prepare and publicly exhibit Amendment C249morn and Planning Permit P20/2355 for community comment until final decisions are made by the Commonwealth Government about the EPBC Act referral.
Please note, the above environmental assessments are conducted and decided by the State and Commonwealth Governments respectively – these processes are not run or decided by Council.
For more information about the EE Act assessment process, please:
For further updates on the EPBC referral process, visit the EPBC Act Public Portal: Project Decision · EPBC Act Public Portal.
For more information about the EPBC Act environment assessment process, please: