Document ID: chunk:federal_register_of_legislation:F2024L00408:front:0:p90
Version: federal_register_of_legislation:F2024L00408
Segment Type: other
Provision Reference: 
Character Range: 266302–269257

will have, or is likely to have, a significant impact on a protected matter and therefore requires referral. In accordance with the Significant Impact Guidelines 1.1 Matters of National Environmental Significance and Significant Impact Guidelines 1.2: Actions on, or impacting upon, Commonwealth land and Actions by Commonwealth Agencies, this process requires the Memorial to undertake a 'self-assessment' to decide whether or not proposed actions need to be referred. The Memorial's internal decision-making process, which is informed by the Significant Impact Guidelines 1.1 and 1.2, is provided in Appendix A, and the self- assessment form for proposed works and activities is provided in Appendix B.

 The Significant Impact Guidelines 1.1 provide information about the protection of MNES matters and the Significant Impact Guidelines 1.2 provide information about the protection of the environment, including heritage values (both listed and identified), managed on Commonwealth land. The guidelines provide detailed explanations of the issues to be considered when determining whether an action is likely to have a significant impact, including issues such as the scale, duration, frequency and intensity of impacts, and sensitivity of the environment that will be impacted. Opportunities for the avoidance, reduction or management of impacts should also be sought. An action may have both beneficial and

   detrimental impacts on heritage values. Only detrimental impacts are relevant when determining whether a referral is required.

   If a referral is made, the Minister for the Environment will then consider whether the action requires further assessment and approval under the EPBC Act.

   Three outcomes of a referral are possible:

        1. The Minister decides that the action is not likely to have a significant impact on a protected matter, and can go ahead without approval under the EPBC Act ('not controlled action').

        2. The Minister decides that an action is not likely to have a significant impact on a matter of national environmental significance, and does not require approval under the EPBC Act, because it will be taken in a 'particular manner'. That is, the action will be undertaken in a manner that will ensure that any potential significant impacts are avoided or reduced by mitigation measures to the degree that they will not be significant. In this case, the action must be undertaken in accordance with the manner specified ('not controlled action: particular manner'). This outcome is only applicable in a specific set of circumstances.

        3. The action is likely to have a significant impact on a protected matter, and requires approval under the EPBC Act ('controlled action').

   The Minister may also determine that an action is 'clearly unacceptable' at the time of referral. In this case, the referred action would have to be withdrawn or reconsidered.

   If an action is determined to be