Commonwealth Environmental Assessment – 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, has been referred to the Commonwealth for assessment under EPBC Act Referral 2025/10100.
On 24 February 2025, the Commonwealth Department of Climate Change, Energy, the Environment and Water (DCCEEW) determined that the proposed development is a controlled action requiring environmental assessment and approval under the EPBC Act before it can proceed. This determination was made due to the likely impact on the habitat for the endangered Swamp Skink (Lissolepis coventryi), a listed Matter of National Environmental Significance.
Council’s earlier submission lodged on 10 February 2025 and adopted on 25 February 2025) supported a controlled action determination on the basis of likely significant impact to Swamp Skink habitat.
DCCEEW has advised that the assessment will proceed via preliminary documentation, which considers the information already supplied by the proponent along with any further information requested by the federal Minister for the Environment and Water.
The Preliminary Documentation was on exhibition from 14 to 27 November 2025 for public comments. Council officers lodged a submission during the exhibition period, which will be presented to Council in early 2026 for retrospective endorsement.
Following the exhibition period, the proponent may be required to revise the documentation in response to submissions. DCCEEW will then prepare advice for the federal Minister, who will decide whether to approve the action and any conditions.
Victorian Environmental Assessment – Environment Effects Act 1978 (EE Act)
The proposed residential subdivision at 170 Boundary Road and 62 Collins Road, Dromana, is being assessed under Victorian planning legislation as part of Amendment C249morn.
Importantly, following Council’s decision of 25 February 2025, the Victorian Department of Transport and Planning (DTP) has confirmed that an Environmental Effects Statement (EES) under the EE Act is not required for the project because, as currently scoped, does not meet the referral triggers under the Ministerial Guidelines. If the project’s scope or potential impacts change were to change, further assessment may be required.
Impact on authorisation of proposed combined Planning Scheme Amendment C249morn and Planning Permit Application P20/2355
The Commonwealth government is yet to make a decision about the EPBC Act Referral 2025/10100.
The Victorian DTP has indicated that it may hold off on deciding whether to authorise Council to formally prepare and publicly exhibit Amendment C249morn and Application P20/2355 until the Commonwealth government has reached its decision 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.