CECM1000.70 - Environmental Operations Manual - Essential Energy

Safety, Security, Health & 

Environmental Manual: 

Environmental Impact Assessment – NSW 

April 2011 

Issue 3 – 13 APRIL 2011 

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SSHE Manual: Environmental Impact Assessment – NSW 

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CECM1000.70 

Summary 

The Environmental Impact Assessment (EIA) process for Essential Energy involves: 

Assessing the impacts of a proposed development and activity on the environment before it is 

approved 

 

 

Determining applicable mitigation or control measures to avoid or minimise environmental 

impacts; and 

Complying with the relevant legislation and Essential Energy’s Environmental Policy. 

This Manual provides guidelines and information on decision making by Essential Energy employees 

and contractors involved in the EIA process. It aims to ensure Essential Energy operations and 

proposed activities comply with the relevant planning legislation and that they are environmentally 

and socially sustainable. 

Contacts 

Position 

Extension number 

Group Manager Environmental Policy and Compliance 4763 

Raise a TotalSAFE Log by calling 13 20 80 

DECCW Pollution Hotline 13 15 55 

This plan is copyright. No part may be reproduced by any process without written permission, 

except as permitted under the copyright act. 

DISCLAIMER 

1 Essential Energy may change the information in this document without notice. All changes 

take effect on the date made by Essential Energy. A print version is always an uncontrolled 

copy. Before using this document, please ensure that it is still current. 

2 This document may contain confidential information. Restrictions on the use and disclosure 

of confidential information by employees are set out in your contract of employment. 

Restrictions on the use and disclosure of confidential information by contractors are set out in 

your contract of engagement with Essential Energy. Sub-contractors are bound by the 

confidentiality provisions set out in their contract with the contractor engaged by Essential 

Energy. 

2005 E SSENTIAL E NERGY 

13 April 2011 – Issue 3 

Approved By: General Manager Safety and Employee Services 

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Contents 

1 INTRODUCTION......................................................................................................................................5 

2 WHY THESE INSTRUCTIONS ARE IMPORTANT ..........................................................................5 

3 CHALLENGES ...........................................................................................................................................6 

4 NSW LEGISLATION ...............................................................................................................................7 

4.1 Environmental Planning and Assessment Act 1979 .................................................................... 7 

4.2 Environmental Planning Instruments................................................................................................ 7 

4.3 Infrastructure SEPP 2007 ...................................................................................................................... 8 

5 PLANNING AND DEVELOPMENT APPROVAL.................................................................................9 

5.1 Defining the Proposed Development or Activity ........................................................................... 9 

5.2 Determining the Legal Requirements ............................................................................................... 9 

5.3 The Planning Approval Process.......................................................................................................... 11 

5.4 Considering Other Approvals and Authorisations....................................................................... 12 

6 ENVIRONMENTAL IMPACT ASSESSMENT ...................................................................................14 

6.1 Review of Environmental Factors (REF)......................................................................................... 15 

6.2 Environmental Impact Statements (EIS) ...................................................................................... 15 

6.3 Species Impact Statements (SIS).................................................................................................... 15 

6.4 Statement of Environmental Effects (SEE)................................................................................... 15 

7 PROJECT APPROVAL UNDER PART 3A OF THE EP&A ACT....................................................17 

7.1 What Defines a Project within Part 3A? ......................................................................................... 17 

7.2 Who Grants a Project Approval?....................................................................................................... 17 

7.3 How is a Project Assessed under Part 3A...................................................................................... 17 

7.4 What Environmental Assessment Requirements apply to Part 3A Projects?................... 18 

7.5 What is a Concept Approval? ............................................................................................................. 18 

7.6 What is a Critical Infrastructure Project? ...................................................................................... 19 

7.7 What are the Environmental Assessment Requirements under Other Acts?................... 19 

7.8 Authorisations not Required once a Major Project has been Approved............................. 19 

8 DEVELOPMENT CONSENT UNDER PART 4 OF THE EP&A ACT ............................................22 

8.1 Which Environmental Planning Instruments (EPIs) Apply?.................................................... 22 

8.2 What Types of Development Require Consent?.......................................................................... 22 

8.3 Environmental Assessment under Part 4 ...................................................................................... 23 

8.4 Who can Lodge a Development Application (DA) and How is it Determined? ................ 23 

8.5 What Other Approvals and Licenses may be required in Addition to a Part 4 Consent?24 

8.6 Crown Development .............................................................................................................................. 24 

9 PROJECT APPROVAL UNDER PART 5 OF THE EP&A ACT.......................................................27 

9.1 What is Essential Energy’s Role with regard to Assessment under Part 5? ..................... 27 

9.2 What Activities Require Environmental Assessment Under Part 5? .................................... 28 

9.3 What is involved in Environmental Assessment under Part 5?............................................. 29 

9.4 What is a REF? What does a REF Contain and Address? ....................................................... 29 

9.5 Consideration of Mitigation Measures............................................................................................. 30 

9.6 Engaging a Qualified Consultant for a more detailed REF ...................................................... 31 

9.7 Environmental Impact Assessment Involving Contractors..................................................... 31 

9.8 What if the REF Determines the Proposed Activity has No Significant Environmental 

Effect? ......................................................................................................................................................... 32 

9.9 What Happens when an Activity is approved to proceed?...................................................... 32 

10 CLEARING NATIVE VEGETATION...................................................................................................34 



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10.1 Need for approval when clearing Native Vegetation................................................................. 34 

10.2 Overview and definitions ..................................................................................................................... 35 

10.3 What clearing does not require approval? .................................................................................... 36 

10.4 Step 1 - Determine whether the land on which the activity is proposed to occur is 

excluded from the operation of the NV Act.................................................................................. 36 

10.5 Step 2 - Is the clearing or activity permitted under the NV Act without the need for NV 

Act approval or Part 5 assessment?................................................................................................ 38 

10.6 Step 3 - If the clearing is a RAMA, ensure that infrastructure buffer distances are 

satisfied...................................................................................................................................................... 40 

10.7 Step 4 - If the clearing is not exempt under the NV Act, is it exempt under the 

Infrastructure SEPP? ............................................................................................................................. 40 

10.8 Legislation other than the NV Act under which CE may require approval for the clearing 

of native vegetation............................................................................................................................... 43 

10.9 Other legislation which affects the clearing of native vegetation ........................................ 44 

10.10 Penalties for non-compliance............................................................................................................. 44 

11 EXEMPT DEVELOPMENT.....................................................................................................................45 

11.1 Gas Supply Act (GSA 1996) , and Pipelines Act 1967.............................................................. 46 

11.2 The Infrastructure SEPP 2007 ........................................................................................................... 46 

11.3 The Exempt and Complying Development Codes SEPP 2008 ............................................... 49 

11.4 Existing Use Rights ................................................................................................................................49 

11.5 Native Vegetation Act 2003................................................................................................................ 49 

11.6 Rural Fires Act 1997 .............................................................................................................................. 50 

11.7 Electricity Supply Act 1995 (ES Act) ............................................................................................... 50 

11.8 Fisheries Management Act 1994....................................................................................................... 51 

11.9 EIA previously conducted .................................................................................................................... 52 

12 OTHER APPROVALS AND ASSESSMENTS THAT MAY BE REQUIRED................................52 

12.1 What Other Approvals and Licences May be Required?........................................................... 52 

13 ESSENTIAL ENERGY’S EIA CHECKLIST .......................................................................................60 

13.1 Assessing Environmental Impact using the EIA Checklist (CEFD6024) ............................ 60 

13.2 EIA Checklist – Evaluation Framework........................................................................................... 61 

14 ATTACHMENT A – SUMMARY OF RELEVANT NSW AND COMMONWEALTH 

ENVIRONMENT AND PLANNING LEGISLATION ........................................................................74 

15 ATTACHMENT B – SECTION 91 OF THE ENVIRONMENTAL PLANNING AND 

ASSESSMENT ACT 1979 (NSW).....................................................................................................85 

16 ATTACHMENT C – EXTRACT SCHEDULE 3 OF THE ENVIRONMENTAL PLANNING AND 

ASSESSMENT REGULATION 2000 (NSW) ..................................................................................87 

17 ATTACHMENT D – DELEGATION OF AUTHORITY ....................................................................89 

18 ATTACHMENT E – TYPES OF EXEMPT DEVELOPMENT UNDER THE INFRASTRUCTURE 

SEPP..........................................................................................................................................................91 

19 ATTACHMENT F – VEGETATION CLEARING EXEMPTIONS................................................ 108 

20 KEY TERMS AND DEFINITIONS ................................................................................................... 118 

21 REFERENCES ...................................................................................................................................... 122 

22 REVISIONS.......................................................................................................................................... 123 



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1 INTRODUCTION 

All development and activities in NSW must be assessed to ensure they comply with 

relevant planning controls and that they are environmentally and socially sustainable. 

Essential Energy has a statutory responsibility to consider the impacts of its operations and 

proposed activities on the environment. Essential Energy is also required to apply the 

principles of ‘Ecologically Sustainable Development’ (ESD) in planning, designing and 

assessing proposed development and to avoid serious or irreversible damage to the 

environment (refer to the SSHE Manual: Handbook – CECM1000.90 for more information on 

ESD). 

The Environmental Impact Assessment (EIA) process for Essential Energy involves: 

 

Assessing the impacts of a proposed development and activity on the environment 

before it is approved 

Determining applicable mitigation or control measures to avoid or minimise 

environmental impacts; and 

 

Complying with the relevant legislation and Essential Energy’s Environmental Policy. 

The objective of this Environmental Operations Manual is to provide direction and 

information on decision making by Essential Energy employees and contractors involved in 

the EIA process. The Manual details the appropriate procedures and steps required for the 

comprehensive assessment of proposed operational activities, ensuring developments and 

activities fully comply with EIA planning legislation and result in sound environmental 

outcomes. 

These guidelines are applicable to all Essential Energy employees, contractors and 

Accredited Service Providers (ASPs), undertaking or planning new works, alterations and 

maintenance works for or on behalf of Essential Energy. 

2 WHY THESE INSTRUCTIONS ARE IMPORTANT 

Essential Energy’s NSW operations are subject to the Environmental Planning and 

Assessment Act 1979 (EP&A Act) and other environmental and planning regulatory 

requirements. Essential Energy employees and contractors must comply with these 

legislative requirements, consider community expectations and minimise potential 

environmental harm when proposing, evaluating and designing new development and 

managing operational activities. Failure to comply with these requirements can create 

unnecessary conflict with stakeholders, stop works, and result in fines, costly legal action 

and negative publicity for Essential Energy as well as potentially harming human health and 

the environment. 

The procedural guidelines within this Manual address those requirements and ensure that 

Essential Energy conducts its planning responsibly, legally and ethically within NSW. 



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3 CHALLENGES 

Essential Energy faces a huge challenge in conducting work in accordance with the 

environmental and planning requirements of current legislation. Essential Energy 

employees, contractors and ASPs must; 

UNDERSTAND the relevant legislation 

 

 

 

 

 

DETERMINE which part of the planning process is relevant for proposed new and 

maintenance works and what other regulations apply 

IDENTIFY the potential impacts on the environment resulting from operational 

activities and ASSESS the nature, scale and significance of those environmental 

impacts 

SELECT appropriate mitigation measures and controls to reduce environmental 

impacts 

ENSURE informed and environmentally responsible decisions are made with regard to 

all Essential Energy activities and proposals 

ENSURE continual compliance with existing and new legislative requirements; and 

EDUCATE employees, contractors and the community about the nature and 

importance of Essential Energy’s efforts to protect the environment. 

Training and refresher courses in the EIA process are provided by Essential Energy to 

employees including Team Leaders and Accredited Service Providers (ASPs). 

There is also a requirement for contractors to follow Essential Energy EIA procedure and 

demonstrate an awareness of and compliance with environmental laws. Tender documents 

and contracts should provide this detail. 



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4 NSW LEGISLATION 

4.1 Environmental Planning and Assessment Act 1979 

The EP&A Act and Environmental Planning and Assessment Regulation 2000 (EP&A Reg.) 

are the principal NSW legislation overseeing the assessment and determination of 

developments and activities. 

The planning process requires that the likely environmental impacts of proposed 

developments and activities are assessed before they are approved. Most activities 

conducted by Essential Energy require environmental and planning assessment and 

authorisation under this legislation. 

Proposals are considered under different parts of the EP&A Act including: 

 

 

 

Part 3A for major infrastructure projects (or other development) that is of regional or 

state significance which requires approval from the Minister for Planning as declared or 

set out in the SEPP (Infrastructure) 2007; and for an activity within the meaning of 

Part 5 that, in the opinion of the proponent (for example, Essential Energy), requires 

an environmental impact statement to be obtained. 

Part 4 for proposals which require consent, usually from local council but from the 

Minister for Planning in certain circumstances. Under Part 4, minor or routine 

development may also be complying development approved by accredited certifiers or 

a local council. (Part 4 proposals are often referred to as ‘development with consent’) 

Part 5 for activities which do not require consent under Part 4 and are not declared to 

be of state or regional environmental planning significance by the Minister. These are 

often infrastructure proposals approved by local council, or the State Agencies, public 

authorities or State owned corporations such as Essential Energy, which are 

undertaking them. In addition, minor proposals can be exempt from development 

consent, while other proposals are prohibited under various planning instruments. A 

summary of key legislation relevant to the EIA process is contained in Attachment A. 

4.2 Environmental Planning Instruments 

Environmental Planning Instruments (EPIs) such as State Environmental Planning Policies 

and Local Environmental Plans (LEPs) are the legal documents that regulate land use and 

development and need to be consulted in the EIA process. 

EPIs set out an overall plan and vision for future development and usually provide a range 

of possibilities and constraints for development over the whole areas to which the plan 

relates. They set out certain types of development that are either permissible without 

consent or with consent and outline development that is prohibited. 

An LEP guides planning decisions for local government areas. An LEP generally divides the 

land into zones and identifies which type of development is permitted without consent, with 

consent, and which is prohibited in each zone. Development control plans, prepared in 

accordance with the EP&A Act, are also used to help achieve the objectives of the local plan 

by providing specific, comprehensive requirements for certain types of development or 

locations, e.g. for urban design, and heritage precincts and properties. The effect of an LEP 

may be modified by a SEPP (eg. the Infrastructure SEPP 2007 overrides Council LEPs). 



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A SEPP is usually proposed by the Department of Planning (DoP) and approved by the 

Planning Minister. SEPPs that often apply to Essential Energy’s’ proposed activities include: 

SEPP No. 14 

SEPP No. 26 

SEPP No. 44 

SEPP No. 52 

SEPP No. 55 

SEPP No. 60 

SEPP No. 71 

SEPP (Major Development) 

2005 

SEPP (Infrastructure) 2007 

SEPP (Exempt and Complying 

Development Codes) 2008 

Coastal Wetlands 

Littoral Rainforests 

Koala Habitat Protection 

Farm Dams and Other Works in Land and Water 

Management Plan Areas 

Remediation of Land 

Exempt and Complying Development 

Coastal Protection 

Further details of these SEPPs are provided in Attachment A and are published on 

www.legislation.nsw.gov.au. 

4.3 Infrastructure SEPP 2007 

The most important EPI for Essential Energy, under the EP&A Act, is the State 

Environmental Planning Policy (Infrastructure) 2007 known as the ‘Infrastructure SEPP’. 

The Infrastructure SEPP facilitates new infrastructure development through the provision of 

specific environment and planning assessment and approval processes for several types of 

infrastructure works or facilities. It identifies works of minimal environmental impact as 

‘exempt or complying’ development to improve turnaround times for maintenance and 

minor upgrades. The most relevant planning provisions and development controls for 

Essential Energy covered by the Infrastructure SEPP include those for: 

Electricity transmission and distribution 

 

 

 

Gas transmission and distribution 

Sewerage systems, and 

Stormwater management systems. 

The Infrastructure SEPP 2007 outlines: 

 

 

 

 

 

Land use zones where particular types of infrastructure are permissible 

Infrastructure works requiring development consent (determined under Part 4 of EP&A 

Act) 

Infrastructure works that do not require development consent under Part 4 but may 

require assessment under Part 5 of the EP&A Act 

Infrastructure works that may be undertaken as complying development, once a 

complying development certificate has been obtained, and 

Infrastructure works that may be undertaken as ‘exempt development’. 

A summary of the Infrastructure SEPP and other relevant legislation is provided at 

Attachment A and are published on www.legislation.nsw.gov.au. 



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5 PLANNING AND DEVELOPMENT APPROVAL 

The planning and development approval process plays a key role in managing the 

environmental, social, and economic impacts of development in NSW. Under the EP&A Act 

there are several categories of development and proposals that are considered under Parts 

3A, 4 and 5 of the Act depending on the type of proposal or activity and the magnitude of 

the perceived environmental impacts. The development categories determine what level of 

environmental assessment is to be undertaken (refer to Section 5.2 below). 

The development approval process and environmental assessment requirements for 

Essential Energy are outlined in Figure 1. Key steps in the approval process include: 

 

 

 

 

Defining the proposed operational works or activity 

Determining the legislative requirements that apply 

Ascertaining which part of the approval process and what level of environmental 

assessment is applicable for the proposal/activity; and 

Identifying what other approvals, authorisations and notifications are required. 

5.1 Defining the Proposed Development or Activity 

Development consent allows development to be carried out on land. In order to obtain 

development consent a development application (DA) must be lodged. The DA must 

identify the applicant, identify the land to be developed and describe the proposed 

development or activity. 

Protecting the environment is an integral part of the NSW planning assessment and 

approval process. Hence the proposed development needs to be defined in terms of scope 

and scale and impacts on the environment and local amenity. Key environmental issues 

need to be identified, potential impacts described and mitigation measures to reduce those 

impacts need to be incorporated into the development application. 

5.2 Determining the Legal Requirements 

The EP&A Act divides development into several broad categories: 

Major Project Development (dealt with under Part 3A) 

Development with Consent (dealt with under Part 4) 

 

 

 

Development without Consent (may be dealt with under Part 4 or Part 5, however, 

activities under Part 5 still requires environmental assessment and approval) 

Prohibited Development 

Exempt Development; and 

Activities (dealt with under Part 5). 

In order to determine if the development complies with relevant planning controls it is 

necessary to refer to all EPIs), including the relevant LEPs, and SEPPs. Determining what 

EPIs apply to a proposed activity or development will determine what level of environmental 

assessment is required and who is responsible for assessing and determining the 

development. Notification requirements may apply to certain proposals too. 



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SSHE MANUAL : Environmental Impact Assessment NSW 


Figure 1 

The Environmental Planning Assessment and Approval Process 

Define Proposed Activity or Development 

Define and describe the nature and scope of the proposed activity or development, scope which environmental impacts & 

issues should be considered. Examine the location and environment, identifying key impacts and the mitigation 

Determine Legal Requirements 

Determine legislative requirements, Establish Determining Authority & Consider notification requirements 

The Approval Process 

Determine what Environmental Planning Instruments (EPIs) apply (ie. SEPPs, LEPs) 

Part 3A Major Projects Part 4 Development Part 5 Development 

Application outlining project 

sent to DoP 

DG DoP sets out 

environmental assessment 

requirements 

EAR & draft Statement of 

Commitments (SoC) prepared 

by Essential Energy 

EAR exhibited & submissions 

made 

CE addresses issues raised & 

prepares SoC 

DoP assesses project & 

approves or refuses 

application 

Complying 

Obtain 

compliance 

developmen 

t certificate 

Essential 

Energy is 

Determining 

Authority 

Local 

DA & SEE 

required 

Obtain Local 

Council 

approval 

Crown DA 

not to be 

refused by 

consent 

authority 

unless has 

approval of 

Minister 

Designated 

DA & EIS or 

SIS required 

Obtain Local 

Council or 

Minister DoP 

approval 

Integrated 

DA & SEE 

required 

Obtain Local 

Council & 

other 

Authority 

approval 

Consider 

relevant 

notification 

requirements 

REF required (may need 

expert advice or more 

detailed REF from Qualified 

Consultant) 

If determined not likely 

significant effect on the 

environment Essential 

Energy as the Determining 

Authority makes decision 

If determined that likely 

significant environmental 

effect, and EIS or SIS 

required then PART 3A 

Process applies 

Prohibited 

Development 

Consult Local 

Council LEP for 

prohibited 

development in 

each land use 

zone 

Check SEPPs for 

prohibitive 

provisions 

Consider other Approvals and Authorisations 

Where environmental issues arise consult relevant Government Authorities concerning requirements for licences, permits, approvals or concurrences. 



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SSHE Manual: Environmental Impact Assessment NSW 

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The project may be made up of several different types of activities and several different 

pieces of land. Each activity and each piece of land will need individual investigation as the 

EPI requirements may vary. Once the project is well understood, it is necessary to 

determine whether the project (or certain activities that make up the project) should be 

assessed under Part 3A or Part 4 or Part 5 of the EP&A Act (refer to Section 5.3 below). 

Most of Essential Energy’s works are assessed as minor infrastructure or ‘development 

without consent’ as they are routine connections, maintenance and repairs and are subject 

to the Infrastructure SEPP 2007. 

5.3 The Planning Approval Process 

Determining which part of the development approval process is relevant to a proposed 

activity /development can be a major challenge to Essential Energy employees and 

contractors, as the planning legislative framework is complex. It is usually the 

responsibility of the Design or Project Manager to determine which part of the approval 

process applies to a proposed project or activity. Figure 2 outlines a schematic to guide 

Essential Energy employees and contractors through determining which part of the approval 

process is relevant to a particular project and illustrates how all proposed activities are 

processed under the EP&A Act as either: 

Part 3A - ‘Major Projects’ 

 

 

 

Part 4 – ‘Development with Consent’ 

Part 5 - ‘Development that does not require Consent under Part 4’ (note that 

environmental assessment and approval is still required) 

Prohibited Development; or 

Exempt Development. 

The following sections of these Procedural Guidelines detail project approval under Part 3A, 

Part 4, Part 5 of the EP&A Act and Exempt development (Prohibited development is usually 

outlined in LEPs or the provisions of various SEPPs). Further useful information for 

determining which approval process is relevant to a particular proposal is available at the 

following websites: 

http://www.planning.nsw.gov.au/DevelopmentAssessments/ 

http://www.planning.nsw.gov.au/PlanningSystem/ 

www.legislation.nsw.gov.au 

The first question in defining which part of the approval process is applicable, concerns 

whether the proposed development is considered ‘local development’ or ‘State significant’ 

development? State significant development or Major Projects are defined in SEPP (Major 

Development) 2005 and are approved under Part 3A of the EP&A Act and determined by the 

Planning Minister. Part 3A projects are usually identified by the Planning Minister and are 

considered to be of state importance because of economic, social or environmental reasons. 

Refer to Section 7 of this Manual for further details on completing Part 3A applications. 

Local development or minor infrastructural projects are either processed through Parts 4 or 

5 of the EP&A Act or are considered Exempt. 




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SSHE Manual: Environmental Impact Assessment NSW 

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If the proposal is not a Major Project, determine if it involves the submission of a DA to 

Local Council. A DA is a request for permission to carry out proposed development and is 

usually needed for buildings or construction. An activity that requires a DA is subject to 

assessment under Part 4 of the EP&A Act and Local Council or accredited certifiers are 

usually the Determining Authority. Local, designated and integrated developments are all 

subject to Part 4 of the EP&A Act. Refer to Section 8 of these Procedural Guidelines for 

further details on completing Part 4 development applications. 

If a DA is not required for the proposal it is referred to as ‘development without consent’ 

and may require assessment under Part 5 of the EP&A Act. LEPs may provide that certain 

types of development do not need consent in order to proceed in a certain zone. Many 

operational activities of Public Authorities, such as Essential Energy, do not require 

development consent and under the Infrastructure SEPP 2007 are allowed without consent. 

However consideration of the environmental impacts of an activity is still required under 

Part 5 of the EP&A Act. Part 5 allows Essential Energy to coordinate the assessment and 

approval process as both the proponent and the Determining Authority. Refer to Section 9 

of these Procedural Guidelines for further details on assessment under Part 5 of the EP&A 

Act. 

Where Essential Energy assesses that an infrastructure proposal is likely to have a 

‘significant effect on the environment’ (determined through the EIA process involving a 

Review of Environmental Factors, REF) that activity becomes a project to be assessed under 

Part 3A of the EP&A Act instead of Part 5. 

Exempt development is listed in either local or state planning instruments (LEP, SEPP) and 

is deemed to have minor or no environmental impacts. Councils may also list exempt 

development in a development control plan (DCP). Development consent is not required for 

exempt development as long as the requirements in the planning instrument are satisfied. 

Particularly, section 76 of the EP&A Act provides that to be exempt development, it must be 

of minimal environmental impact and cannot be carried out in a critical habitat of an 

endangered species, population or ecological community and cannot be carried out in a 

wilderness area. Refer to SEPP (Exempt & Complying Codes) 2008, Section 110E EP&A Act 

and SEPP (Infrastructure) 2007. Attachment E lists the types of exempt development under 

the Infrastructure SEPP 2007 that are relevant to Essential Energy. Refer to Section 10 of 

these Procedural Guidelines for further details on dealing with Exempt Development. 

Complying development is determined under Sections 4 and 76A of the EP&A Act. This often 

includes common or routine acts for electricity transmission and distribution. This type of 

development needs a compliance certificate from an accredited certifier or the local Council. 

5.4 Considering Other Approvals and Authorisations 

Licences, permits, approvals or other authorisations from other Government Agencies or 

Local Council may be required before a proposed activity or development can proceed, 

particularly where environmental issues arise (refer to Section 11 of these Procedural 

Guidelines). 

If Essential Energy is the Determining Authority, it is required to notify affected parties 

before a proposal can proceed. Refer to Section 11 of this Manual for further details on 

other approvals and authorisations needed for Essential Energy proposed activities and 

operations. 




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Figure 2 

Defining the Proposed Activity or Development and Determining which Approval Process is Relevant 

Define Proposed Activity or Development 

Project Information – consider scope & nature of works, identify environmental & social impacts 

Environmental Information – consider local environment, sensitivity, impacts & control /mitigation measures 

Consult EPIs 

(SEPPs, LEPs) and 

DCPs 

Yes 

Is the proposed activity ‘State significant’ 

or a Major Project? 

Consult SEPP (Major Development) 2005 

Is the proposed activity considered ‘local development’ 

or Infrastructure Works? 

Check SEPP (Infrastructure) 2007 Refer Attachment E 

Thresholds for 

capital 

investment 

>$50M, 

operational 

employee Major 

Project declared 

by the Minister 

DoP due to state 

economic, social 

or environmental 

importance 

May be declared 

by a SEPP or 

Ministerial order 

published in 

Gazette or if EIS 

required under 

Part 5 

Significant 

Effect 

Need EIS 

Impact on 

threatened species/ 

habitats found? 

Need SIS 

‘Development without consent’ 

Consider Environmental Impacts, 

Part A of EIA Checklist 

Complete REF, EIA 

Checklist 

No Significant 

Effect 

Minister DoP 

approval 

required 

No 

Exempt 

Development 

Consult SEPP 

(Exempt & 

Complying Codes) 

2008, SEPP 

(Infrastructure) 

2007, 

S.110E EP&A Act 

Consider whether a DA 

required? 

Minor environmental 

impact, routine 

connections, 

maintenance & 

repairs 

Minor impacts 

Exempt & 

Complying 

Development 

S.4 & S.76 EP&A Act, 

Electricity 

transmission & 

distribution, SEPP 60 

Compliance certificate / 


Prohibited 

Development 

Refer to local 

Council land 

use zones 

Yes 

Consider Environmental Impacts, 


Local 

Development 

Local Council 

& LEP 

Need DA & 

SEE. May 

need SIS 

‘Development with consent’ 

Integrated 

Development 

Other 

Authorities 

involved 

Need DA & 

SEE 

Significant Impacts 

Designated 

Development 

Sch.3 Part 1 

of EP&A 

Regulations 

Need DA & 

EIS & 

possibly SIS 

Which 

Approval 

Process 

Applies 

PART 3A of EP&A Act 

Minister DoP is 

Determining Authority 

PART 5 of EP&A Act 

Essential Energy is 

Determining Authority 

NEITHER PART 5 or PART 

4 APPLY 

Proceed with activity and notify 

Local Council where appropriate 

PART 4 of EP&A Act 

Determining Authority is usually the Local Council, for 

Designated may need Ministerial approval 




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6 ENVIRONMENTAL IMPACT ASSESSMENT 

Environmental Impact Assessment (EIA) generally refers to the process of evaluating the 

likely possible risk or effects on the environment of a proposed activity or development. 

Most development proposals in NSW must be environmentally assessed to enable the 

decision-maker to understand the likely impacts of the proposal before granting approval. 

The EIA process for Essential Energy involves: 

Assessing the impacts of a proposed activity/development on the environment before 

approval is given to carry it out 

Identifying applicable mitigation or control measures to avoid or minimise 

environmental impacts associated with the proposal 

Complying with all requirements of the relevant legislation and Essential Energy’s 

Environmental Policy. 

When assessing effects upon the environment, the proposal must be considered as a whole, 

including any proposed mitigation or control measures. 

Environmental assessment must incorporate consideration of the principles of ‘Ecologically 

Sustainable Development’ (ESD), including the ‘precautionary principle’, which legislates 

caution with regard to environmental protection (Protection of Environment Administration 

Act 1991 - POEA Act) (refer to the SSHE Manual: Handbook CECM1000.90 for a review of 

ESD). 

Figure 3 outlines the general principles of the EIA process for Essential Energy. Key 

environmental issues are identified at the start of the process. Site specific information for 

the project is reviewed within a local, regional and cumulative context i.e. the site of the 

proposed works and the local environment and amenity are described and the 

characteristics of the receiving environment are identified. Whether the environment is 

protected, sensitive, zoned, or is located near protected, sensitive area or feature must be 

considered. 

The key environmental impacts of the proposed works and their scope and significance are 

evaluated during the EIA process, according to their magnitude, extent, nature and 

significance. Issues should include the projects impacts on people, human health, fauna 

and flora, soils, land use, material assets, water quality and hydrology, air quality, climate, 

noise and vibration, the landscape and visual environment, historic and cultural resources. 

It is essential that a proposal is considered as a whole including a thorough assessment of 

alternatives to the proposed development, and identification and assessment of mitigation 

measures which may alleviate the potential impacts. 

The EIA process should also include consultation with community, relevant Councils and 

Government Agencies. Notification requirements for these key stakeholders should be 

complied with. 

Once the EIA process is complete and the environmental assessment has been finalised, the 

Determining Authority checks that it address all legal requirements and decides whether the 

proposal should proceed or not, and if so on what terms. 




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6.1 Review of Environmental Factors (REF) 

Certain activities, such as the construction of roads or electricity infrastructure carried out 

by Public Authorities (eg. Essential Energy) do not require development consent, however, 

they do require environmental assessment under Part 5 of the EP&A Act. A Determining 

Authority usually decides whether an EIS is required by considering a preliminary 

environmental assessment which is called a REF. A REF addresses specific criteria and must 

contain sufficient information to determine whether there is likely to be a significant effect 

on the environment and should include potential mitigation measures within the description 

of the proposal. 

If the activity is likely to have a significant effect and the Determining Authority decides that 

an EIS is required then approval must be obtained from the Planning Minister under Part 3A 

of the EP&A Act before the activity can proceed. 

If the activity is likely to have a significant effect on threatened species populations or 

ecological communities or their habitats or threatened fish or protected marine vegetation, 

an SIS must be prepared and the concurrence of the Director General of DECCW obtained, 

and Part 3A of the approval process outlined under the EP&A Act applies with the Planning 

Minster determining consent or refusal. 

6.2 Environmental Impact Statements (EIS) 

A Development Application (DA) to carry out designated development must be accompanied 

by an EIS which is usually completed by Qualified Consultant acting on behalf of the 

proponent. An EIS gives a detailed analysis of all potential areas of concern in relation to 

the development and its environmental impacts. 

6.3 Species Impact Statements (SIS) 

If the development is on land containing critical habitat or is likely to significantly affect 

threatened species, populations of ecological communities listed under the Threatened 

Species Conservation Act 1995 (TSC Act), then the proposal must include an SIS. 

Similarly if there is a likely significant effect on threatened fish or marine vegetation 

protected under the Fisheries Management Act 1994 (FMA), an SIS must be prepared. An 

SIS requires concurrence from the Director General of DECCW before approval can be 

granted. 

6.4 Statement of Environmental Effects (SEE) 

An application to carry out non-designated development must be accompanied by a SEE 

which may be prepared by the applicant or Qualified Consultant acting on their behalf. An 

SEE must indicate the environmental impacts of the development, how those impacts have 

been identified and the steps which will be taken to protect the environment or to reduce 

harm to the environment. 




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Figure 3 

An outline of the key steps involved in the Environmental Impact 

Assessment (EIA) Process 




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7 PROJECT APPROVAL UNDER PART 3A OF THE EP&A ACT 

Major projects are identified in SEPP (Major Development) 2005 or may be declared by the 

Minister of Planning due to significant economic, social or environmental impacts for the 

State. Approval under Part 3A must also be obtained if an EIS is required for what would 

otherwise be a Part 5 activity. Part 3A of the EP&A Act applies to major projects and 

defines the way a project should be assessed. Major Projects require environmental 

assessment and the approval of the Minister for Planning. The Part 3A process is specifically 

designed to deal with the complexity of major projects and aims to identify key issues early 

in the assessment process and engage the community and affected stakeholders in 

consultation. Part 3A of the EP&A Act 1 provides a single assessment process for major 

development. 

7.1 What Defines a Project within Part 3A? 

A range of works conducted by Essential Energy might be declared a Part 3A Major Project. 

To be eligible for declaration as a Part 3A Major Project a proposal must either 

 

in the opinion of the Minister of Planning, be of State or regional environmental 

planning significance (published in the NSW Government Gazette) or identified in the 

SEPP (Major Development) 2005; or 

in the opinion of the proponent (eg. Essential Energy) require an Environmental 

Impact Statement (EIS). (A proposed development originally assessed under Part 5 of 

the EP&A Act that is likely to have a ‘significant effect on the environment’ and 

therefore requires an EIS, becomes a project to be assessed under Part 3A of the 

EP&A Act – refer to Section 9 of these Procedural Guidelines for more information). 

Importantly, where a development is then declared to be a Part 3A Major Project and there 

is an existing development consent under Part 4 of the EP&A Act or approval under Part 5 of 

the EP&A Act, these consents and approvals continue in force despite the declaration. 

7.2 Who Grants a Project Approval? 

The Minister for Planning is the Determining Authority and may grant or refuse approval for 

Major Projects. The Minister is also the approval body for concept approvals for complex or 

long-term projects and critical infrastructure projects. Concept approvals and critical 

infrastructure projects are discussed in Sections 7.5 and 7.6 of these Guidelines. 

7.3 How is a Project Assessed under Part 3A 

Appropriate steps in the assessment under Part 3A of the EP&A Act of a ‘Major Project’ 

include: 

1 An application for approval must be submitted by Essential Energy (if it is the 

proponent) to the Director-General of the Department of Planning. The application 

must describe the project and contain any other material required by the Director- 

General. (Department of Planning guidelines provide information on what a project 

application should include - refer to www.planning.nsw.gov.au) 

2 The Director-General prepares and makes publically available the key issues that 

Essential Energy must address in assessing the proposal. The requirements for 

environmental assessment are in accordance with the Minister of Planning’s’ guidelines 

and consultation with State Agencies and other relevant Authorities 

3 The Director-General may require a proponent to submit an environmental 

assessment (an Environmental Assessment Report, EAR). The EAR outlines how the 

projects likely environmental impacts will be minimized or managed (through various 

mitigation measures). The EAR is then submitted to Department of Planning 




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4 The Director-General arranges to exhibit the EAR for public comment, after checking 

that it satisfactorily addresses all of the Director-General requirements. Essential 

Energy may be required to respond to any matters raised by objectors during the 

exhibition process. Essential Energy will then provide a ‘Preferred Project’ report 

which outlines any proposed changes to the project 

5 The Planning Minister may choose to constitute a panel of experts or officers of public 

authorities to consider any issues of concern with the project. The panel, called the 

Independent Hearing and Assessment Panel (IHAP), then produces a report outlining 

the key issues of concern and makes recommendations which Essential Energy must 

fulfill 

6 The Minister then either approves (often this approval may be subject to conditions), 

or refuses the project application. 

7.4 What Environmental Assessment Requirements apply to Part 3A Projects? 

Following an application for Part 3A approval, the Director-General of the Department of 

Planning (DoP) prepares and makes publically available the key issues that a proponent, 

such as Essential Energy, must address in environmentally assessing the proposal. These 

are known as the ‘Director Generals requirements’ for environmental assessment and they 

ensure that all key issues are identified at the start of the process. The ‘requirements’ are 

identified through consultation with all relevant Government Agencies and may include 

advice sought from a panel of experts if there is a range of complex issues or if a project is 

considered to have strategic importance. 

In preparing the environmental assessment Essential Energy may consult with community, 

relevant councils and agencies. The environmental assessment is generally required to 

include a written ‘statement of commitments’ outlining how the projects’ likely 

environmental impacts will be minimised or managed. If the project is approved, Essential 

Energy is required to honour these commitments as part of the conditions of approval. 

Once Essential Energy has prepared the environmental assessment, the DoP checks that it 

addresses the Director-Generals requirements and, if satisfactory, DoP arranges to exhibit 

the environmental assessment for public comment for a minimum of 30 days. 

Essential Energy can be required under legislation to respond in writing to issues raised in 

submissions during the public exhibition period. A ‘preferred project report’ must then be 

provided by Essential Energy outlining any proposed changes to the project to minimise its 

environmental impact. If it is determined that the proposed changes significantly alter the 

nature of the project, Essential Energy may then be required to make the preferred project 

report available to the public. 

7.5 What is a Concept Approval? 

The Planning Minister may require or authorise a concept plan for a Part 3A Major Project. 

The concept plan outlines the scope of the project and any development options, and details 

proposals for staged implementation. 

Once these requirements have been complied with, the Minister considers whether to 

approve the concept plan and whether to approve it with modifications to the project. In 

giving approval to a concept plan the Minister may: 

 

 

specify further assessment requirements for approval to carry out the project; or 

decide that approval to carry out the project, or a particular stage of it, shall be 

subject to the provisions of Part 4 or Part 5; or 




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state that no further environmental assessment is required for the project or a 

particular stage of it. The Minister may then grant a project approval under Section 

75J of the EP&A Act at this stage without further application. 

A concept approval is not in itself a project approval, however, once granted, it provides 

certainty for a project approval at a later date, or for the granting of project approvals in 

stages. A concept approval will not be necessary in the majority of cases for Essential 

Energy. 

7.6 What is a Critical Infrastructure Project? 

A critical infrastructure project is a Part 3A Project that in the opinion of the Minister is 

essential for the State for economic, environmental or social reasons. Special provisions in 

the EP&A Act relate to critical infrastructure. 

7.7 What are the Environmental Assessment Requirements under Other Acts? 

Part 3 of the EP&A Act and SEPPs apply to the declaration of a project as a project to be 

assessed under Part 3A and then only as expressly provided. EPIs (other than SEPPs) do not 

apply in respect of an approved project. 

7.8 Authorisations not Required once a Major Project has been Approved 

In cases where the Minister has granted approval to Essential Energy to carry out a Part 3A 

Major Project some other approvals and authorisations will no longer be required. These 

include the following cases: 

1 Section 75U of the EP&A Act provides that the following authorisations are not 

required for an approved project (and accordingly provisions of any Act prohibiting an 

activity without such an authority do not apply): 

 

The concurrence under Part 3 of the Coastal Protection Act 1979 of the Minister 

administering that Part of the Act 

A permit under Sections 201, 205 or 219 of the Fisheries Management Act 1994 

An approval under Part 4, or an excavation permit under Section 139, of the 

Heritage Act 1977 

A permit under Section 87 or a consent under Section 90 of the National Parks 

and Wildlife Act 1974 

An authorisation referred to in Section 12 of the Native Vegetation Act 2003, or 

under any Act to be repealed by that Act, to clear native vegetation 

A bush fire safety authority under Section 100B of the Rural Fires Act 1997 

 

 

A water use approval under Section 89, a water management work approval 

under Section 90 or an activity approval under Section 91 of the Water 

Management Act 2000 

Division 8 of Part 6 of the Heritage Act 1977 does not apply to prevent or 

interfere with the carrying out of an approved project 

2 The following orders or notices cannot be made or given to prevent or interfere with 

completing an approved critical infrastructure project: 

 

An interim protection order within the meaning of the National Parks and Wildlife 

Act 1974 or the Threatened Species Conservation Act 1995 




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An order under Division 1 (Stop work orders) of Part 6A of the National Parks 

and Wildlife Act 1974, Division 1 (Stop work orders) of Part 7 of the Threatened 

Species Conservation Act 1995 or Division 7 (Stop work orders) of Part 7A of the 

Fisheries Management Act 1994 

An environment protection notice under Chapter 4 of the Protection of the 

Environment Operations Act 1997 

An order under Section 124 of the Local Government Act 1993. 

3 Certain authorisations cannot be refused if they are necessary for carrying out an 

approved Major Project and are substantially consistent with the approval. These 

include an environment protection licence under Part 3.2 of the Protection of the 

Environment Operations Act 1997 and consent under Section 138 of the Roads Act 

1993 (refer Section 75V of the EP&A Act). 




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Summary of the Development Consent Procedure under Part 3A 

of EP&A Act 

Part 3A of EP&A Act Major Infrastructure and Other Projects 

Major Projects Under SEPP 

Critical Infrastructure Project 

Can be declared by the Minister 

and applies to all major State 

Government infrastructure 

Other Major Projects, Plans 

or Programs 

Can be declared by the Minister 

because of their state economic, 

social or environmental 

importance. 

Applies to Part 5 activities for 

which an EIS would otherwise be 

required. 

Projects under Part 3A of EP&A Act 

Approval body – Minister for planning 

Application outlining 

proposed project 

lodged with Director- 

General (D-G) of 

Department of Planning 

(DoP) 

D-G sets out 

requirements for 

environmental 

assessment in 

accordance with 

guidelines and 

consultation with other 

authorities 

Proponent (i.e. 

Essential Energy) 

submits Environmental 

Assessment Report 

(EAR) with draft 

Statement of 

Commitments, 

Additional information 

may be requested by 

D-G 

EAR resubmitted for 

public exhibition and 

submissions from other 

Authorities, agencies or 

councils are invited 

regarding the projects 

environmental 

performance, Essential 

Energy may then 

modify EAR in response 

to these submissions. 

In this case, a 

Preferred Project 

Report is made public. 

Essential Energy 

submits Statement of 

Commitments for 

determination. 

DoP assesses project, consults with relevant 

councils and agencies and drafts a D-G 

Assessment Report with recommendations for 

approval conditions or refusal which is then 

submitted to Minister 

Minister determines project, with or without 

assistance from panel of experts at the Minister’s 

discretion. No separate approvals from other 

authorities required. 

Project Approval 

Concept Approval for complex and/or long term 

projects and for critical infrastructure projects 




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8 DEVELOPMENT CONSENT UNDER PART 4 OF THE EP&A ACT 

Proposals under Part 4 of the EP&A Act usually involve the submission of a Development 

Application (DA) to the relevant Local Council. Local Council or accredited certifiers are the 

Determining Authority. In some cases the Planning Minister may be the Determining 

Authority (the assessment process under Part 4 when the Minister is the Determining 

Authority is the same as when the Local Council is the Determining Authority). Part 4 

development, often referred to as ‘development with consent,’ can be local, integrated or 

designated development. 

It is the responsibility of Essential Energy’s Designer to determine whether development 

consent is required under Part 4 of the EP&A Act. 

8.1 Which Environmental Planning Instruments (EPIs) Apply? 

Each Local Government Area has a Local Environmental Plan (LEP) which will outline any 

EPIs that apply to a development. A planning certificate issued by the Local Council under 

Section 149 of the EP&A Act will identify the EPIs that apply to the land or site considered 

for development. Schedule 4 of the EP&A Regprovides for the planning certificate to contain 

the following information: 

 

 

 

 

 

 

 

 

 

 

 

 

Draft EPIs 

Development Control Plans (DCPs) 

Zoning 

Whether the land is affected by sections 38 or 39 of the Coastal Protection Act 1979 as 

notified to Council 

Whether the land is proclaimed in a mine subsistence district under Section 15 of the 

Mine Subsidence Compensation Act 1961 

Whether the land is affected by any road widening or road realignment 

Whether the land is affected by flood related development controls 

Whether the land is subject to certain orders under the Contaminated Land 

Management Act 1997 

Whether the land is bush fire prone land (if not a statement to that effect) 

Whether the land is subject to any conservation SEPPs (eg SEPP 14 Coastal Wetlands, 

SEPP 26 Littoral Rainforests, SEPP 44 Koala Habitat, SEPP 71 Coastal Protection) 

Whether there is a direction by the Minister in force under section 75P(2) (c1) of the 

EP&A Act; and 

Whether there is a site compatibility certificate, particularly for infrastructure, of which 

the council is aware. 

8.2 What Types of Development Require Consent? 

Part 4 of the EP&A Act and the EPIs created under the Act, provide that certain development 

is either: 

 

 

prohibited LEPs list the types of development that are prohibited in each land use zone. 

If the prohibited zoning provisions are not changed, Council cannot approve 

‘prohibited development’ on the site 

requires development consent from a Planning Authority, a Local Council or in some 

limited circumstances, the Planning Minister, because the development may be: 

 

‘Local’. Development which requires consent but which is not ‘State significant 

development’. Usually Local Council will be the decision maker. 




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‘Integrated development’. Integrated development involves other Authorities 

or State Agencies (refer to Attachment B for more detail). In addition to 

requiring development consent from the Local Council, integrated development 

requires an approval or a licence under one or more specified Acts, including the 

National Parks and Wildlife Act 1974, the Protection of the Environment 

Operations Act 1997, the Rural Fires Act 1997 and the Roads Act 1993 (refer to 

Section 91, 91A and 92 of the EP&A Act). In these cases, the council will refer 

the application to the necessary Agency so that there is an integrated 

assessment of the proposal. The Agencies will then advise the Determining 

Authority of the general terms of any approval. 

’Designated development’. Designated development includes development 

that has a high potential to have adverse environmental impacts because of the 

scale or nature of the development or because it is located near sensitive 

environmental areas. ‘Designated developments' are listed in Schedule 3 of the 

EP&A Regulation (see Attachment C for more detail) or in planning instruments 

such as SEPP 14 - Coastal Wetlands (1985). Designated development requires 

an Environmental Impact Statement (EIS) providing a comprehensive 

assessment of the impacts of the proposal and perhaps an SIS if threatened 

species or habitats are impacted (refer to Section 77A of the EP&A Act). 

Examples of designated development include artificial water bodies, chemical 

storage facilities, contaminated soil treatment works, electricity generating 

stations, and sewerage systems or works, waste management facilities or works. 

‘Exempt and Complying Development’. ‘Complying Development’ is common 

or routine development that can be certified in its entirety as complying with 

predetermined standards (eg Building Code of Australia) and policies defined in 

an LEP or DCP. It is exempt from the requirements to obtain consent as impacts 

on the environment are predictable and minor. Refer to Sections 4 and 76(2) 

and (3) of the EP&A Act , SEPP 60 – Exempt & Complying Development, as well 

as the exempt development provisions for activities such as electricity 

transmission and distribution network and general exempt provisions of the 

Infrastructure SEPP 2007. 

8.3 Environmental Assessment under Part 4 

For development, other than ‘designated development’, a Statement of Environmental 

Effects (SEE) must be provided to the consent authority as part of the DA. The DA also 

requires an indication of whether the land is critical habitat, and whether the development is 

likely to significantly affect threatened species, populations or ecological communities, or 

their habitats (refer to Schedule 1 Part 1 items (d) and (e) of the EP&A Regulation for 

information to be included in a DA and also the Threatened Species Conservation Act 1995). 

If the development is ‘designated development’ it is necessary to prepare an Environmental 

Impact Statement (EIS) (refer to Section 78(A)(8)(a) EP&A Act ) and also, if appropriate, a 

Species Impact Statement (SIS) (refer to Section 78(A)(8)(b) EP&A Act ). These and a DA, 

along with other required information, are lodged with the relevant consent authority, which 

determines whether the development can proceed and, if so, under what conditions. 

8.4 Who can Lodge a Development Application (DA) and how is it determined? 

A Development Application (DA) can be made by the owner of the land to which the DA 

relates, or by any other person, with the consent in writing of the owner of that land. 

However, Essential Energy does not need to obtain the consent in writing of the owner of 

the land if, before making the application, Essential Energy serves a copy of the application 

on the owner (Clause 49 of the EP&A Regulations ). 

In determining a DA, the Determining Authority must consider several matters such as: 




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provision of the relevant EPIs and DCPs 

the likely impacts of the development. These include environmental impacts on both 

the natural and built environments, social and economic impacts on the locality, the 

suitability of the site for the development, submissions, and the public interest. Refer 

to Section 79C of the EP&A Act 

whether the development is on ‘bushfire-prone’ land. A development consent cannot 

be granted for development, other than subdivision, unless the consent authority is 

satisfied that it complies with ‘Planning for Bushfire Protection 2001’ or has received a 

certificate by a person recognised by the NSW Rural Fire Service that the development 

conforms to relevant specifications and requirements. Refer to Section 79BA of the 

EP&A Act. 

A determining authority may grant development consent with or without conditions (Section 

80A EP&A Act ) or may grant ‘deferred commencement consent’ or consent for ‘staged 

development’ (Refer to Sections 80(3 & 4) of the EP&A Act ). 

An applicant has a right of appeal in certain circumstances with regard to the determining 

authority’s determination to the NSW Land and Environment Court (Section 97 of the EP&A 

Act). 

8.5 What Other Approvals and Licenses may be required in Addition to a Part 4 

Consent? 

Other approvals or licences may be required before Essential Energy can proceed with a 

design or development proposal (see Section 11 of these Guidelines). Where actual or 

potential issues arise (such as contaminated land; threatened species; impacts on fisheries 

or waterways; impacts on Aboriginal artifacts; pollution emissions; development on roads or 

road reserves) inquiries should be made of the relevant Government departments about 

what other licences, approvals or concurrences are required. General inquiries in relation to 

these and other issues can be made of Local Councils, the Department of Planning (DoP) 

and the Department Environment, Climate Change and Water (DECCW). Other relevant 

departments may include the Road and Traffic Authority (RTA), Industry and Investment, 

and the Commonwealth Department of the Environment and Heritage. Any inquiries made 

on behalf of Essential Energy should be fully documented and all required permits and 

licences should be obtained before proceeding with any work. 

It is the responsibility of the Designer or Project Manager to ensure that the assessment 

process under Part 4 undertaken by Essential Energy is carried out in accordance with the 

EP&A Act and that any conditions imposed by the consent authority are complied with. The 

Land and Environment Court can grant injunctions to restrain unlawful development and the 

maximum fine for non-compliance with the EP&A Act is currently $1.1m with a daily penalty 

of $110,000. 

8.6 Crown Development 

A DA may also be made to a local council under Part 4 of the EP&A Act by or on behalf of 

the Crown. Essential Energy, as a public authority, is prescribed by the EP&A Regulations to 

be the Crown for the purpose of Crown Development under Part 4. 

A consent authority (other than the Minister) must not refuse its consent to a Crown DA, 

except with the approval of the Minister. A consent authority also cannot impose a condition 

of consent to a Crown DA except with the approval of the applicant or the Minister. 

If the consent authority fails to determine a Crown DA within the period prescribed by the 

regulations, the applicant or the consent authority may refer to application to the Minister or 

the applicable regional panel. 




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Section 109R of the EP&A Act provides that Crown building work cannot be commenced 

unless it is certified by or on behalf of the Crown to comply with the technical provision of 

the State’s building laws. However, in relation to a building erected on behalf of the Minister 

(or a building erected by or on behalf of a person appointed, constituted or regulated by or 

under an Act administered by the Minister), the Minister may determine that the State’s 

building laws do not apply or applies subject to exceptions and modifications. 




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Summary of the Development Consent Procedure under Part 4 of EP&A Act 

Development Application 

Lodged by owner of land or by any person with consent of the owner. 

Essential Energy may lodge a development application without consent of owner 

provided a copy is provided to the owner before lodgment with Consent Authority. 

Check relevant Environmental Planning Instruments (EPIs) to determine if development 

consent is required or if development is PROHIBITED. 

Consent Not Required 

Consent Required 

Exempt Development 

Integrated 

Development 

Designated 

Development 

Complying 

Development 

Clause 43 & Schedule 1 of 

Infrastructure SEPP 2007 

Section 76 EP&A Act 

Section 40 Pipelines Act 1967 

Certain routine connections, 

maintenance & repairs 

Additional 

consent of other 

authorities 

required 

Schedule 3 Part 1 

of EP&A 

Regulations 

EIS and SIS may 

be required 

Sections 4 & 

76(2) & (3) of 

EP&A Act 

Certain Electricity 

transmission & 

distribution works 

Consent Authority 

- considers matters outlined under Section79C of EP&A Act in determining development 

application. 

- may grant consent with or without conditions 

- may grant ‘deferred commencement consent’ or consent for ‘staged development’. 

- cannot refuse consent or impose conditions without the consent of the Minister or applicant for 

crown development applications. 

Other licences and approvals may also be required if potential issues arise with the 

proposed development e.g. contaminated land; threatened species, impacts on 

fisheries waterways, impacts on Aboriginal artifacts, pollution emissions, roads or 

road reserves. 




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9 PROJECT APPROVAL UNDER PART 5 OF THE EP&A ACT 

Part 5 of the EP&A Act applies to activities that do not require development consent under 

part 4. Such activities may be prescribed in EPIs including the Infrastructure SEPP. 

Environmental assessment still needs to be undertaken in relation to the proposed activity. 

Section 111 of the EP&A Act provides that a determining authority, in its consideration of an 

activity, shall examine and take into account to the fullest extent possible all matters 

affecting or likely to affect the environment by reason of that activity. It is a permissible 

approach to consider the environmental effect by reference to the proposed activity 

including any mitigation measures that are included in the proposal. 

Most of Essential Energy’s works are assessed as Part 5 activities because they fall within 

the Infrastructure SEPP 2007 or because they do not require development consent under 

any relevant EPI. 

The Infrastructure SEPP 2007 includes specific planning provisions and development 

controls for infrastructure works or facilities such as roads, water supply dams and sewage 

treatment plants, approved by Local Councils or by the public authorities such as Essential 

Energy. Attachment E provides a list of activities relevant to Essential Energy that are 

exempt under the Infrastructure SEPP 2007. 

Clause 45 of the Infrastructure SEPP provides that, in certain circumstances, a local council 

must notify Essential Energy of any development which they propose to undertake in the 

vicinity of Essential Energy’s infrastructure and must take into account any responses 

received within 21 days after the notice is given. 

Similarly, clause 13 of the Infrastructure SEPP outlines that a public authority must give 

written notice to the relevant local council in respect of a proposed development if the 

development: 

will have a substantial impact on stormwater management 

 

 

 

 

 

is likely to generate traffic to an extent that will strain the capacity of the road system 

involves connection to, and a substantial impact on the capacity of, any part of a 

sewerage system owned by a council 

involves connection to, and use of a substantial volume of water from, any part of a 

water supply system owned by a council 

involves the installation of a temporary structure on, or the enclosing of, a public place 

that is under a council’s management or control that is likely to cause a disruption to 

pedestrian or vehicular traffic that is not minor or inconsequential; or 

involves excavation that is not minor or inconsequential of the surface of, or a 

footpath adjacent to, a road for which a council is the roads authority under the Roads 

Act 1993. 

It is possible that different components of the same project may require assessment under 

Part 4 and Part 5 of the EP&A Act. 

9.1 What is Essential Energy’s Role with regard to Assessment under Part 5? 

For each proposed activity it is necessary to consider Essential Energy’s role and whether it 

is the ‘proponent’ and/or the ‘Determining Authority’ and whether there are other 

Determining Authorities involved. This is important to define as it will impact on the 

environmental assessment process under Part 5 of the EP&A Act and will determine the 

notification requirements. 




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Part 5 of the EP&A Act allows Essential Energy to coordinate the environmental assessment 

and approval process as the proponent and the Determining Authority for most of its 

activities. It is required to examine fully and take into consideration all matters likely to 

affect the environment due to a proposed activity (Section 111 EP&A Act). 

Essential Energy is also the ‘nominated Determining Authority’ where there is more than 

one Determining Authority for a proposed activity of a specific description or class (Section 

110A of the EP&A Act) for its own activity. Essential Energy is therefore responsible for 

assessing and determining the proposed activity under Part 5 of the EP&A Act and must 

involve and notify other relevant authorities of the environmental assessment and approval 

process, particularly if other approvals or licences are required for the project. 

The Infrastructure SEPP 2007 includes a number of notification and consultation 

requirements that Essential Energy must follow before determining an activity under Part 5. 

For example: 

 

 

Essential Energy must notify and consider any response from a Local Council where an 

activity impacts certain Council related infrastructure or services 

Essential Energy must notify and consider any response from a Council and occupiers 

of adjoining land where an activity involves an electricity substation of any voltage. 

9.2 What Activities Require Environmental Assessment Under Part 5? 

Activities that Essential Energy carries out fall into different categories of EIA and includes: 

 

 

 

 

 

An activity proposed by Essential Energy that is likely to have a significant 

environmental effect In this instance the project must be assessed under Part 3A of 

the EP&A Act and the Minister for Planning will need to determine the proposal 

A proposed activity that does not need development consent or require an approval 

from another Government Authority under Part 4 of the EP&A Act. and requires 

environmental assessment under Part 5 

An assessment is usually not needed for routine maintenance and repairs if they are 

carried out to the minimum extent necessary and within any buffer distances 

prescribed by the regulations (eg. managing trees to maintain safety clearance in 

accordance with Essential Energy’s policy; replacing lamps or poles because they had 

or were about to fail; termite treatment; building maintenance etc). However, 

vegetation management works that are carried out on lands which are not subject to 

the Native Vegetation Act (for example, in an area of critical habitat or an area 

reserved under the National Parks and Wildlife Act) will not have the benefit of this 

exemption and may still require Part 5 assessment 

Extensions, upgrades, expansions, and repairs involving deviations in routes, sites, 

and /or functions (eg clearing vegetation where no clearing has previously been done; 

track works beyond the access track; upgrading cables; line diversions; substation 

upgrades etc) are not considered Exempt Development under the Infrastructure SEPP 

2007 and do require environmental assessment under Part 5 of the EP& A Act 

An assessment is generally required as a precautionary measure when it is unclear 

whether the environmental impacts are likely to be substantial (eg re-establishing an 

access track; abrasive blasting of steel towers; establishing a temporary material 

storage area; repairing an asset in a particularly sensitive area). 




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9.3 What is involved in Environmental Assessment under Part 5? 

Under Part 5 of the EP&A Act the Determining Authority must consider the environmental 

effect of a proposed activity before granting approval. Environmental assessment involves 

the consideration of whether a proposed activity is likely to significantly effect: 

the environment 

 

 

critical habitat, and/or 

threatened species, populations or ecological communities, or their habitats. 

An ‘assessment of significance’ (section 5A of the EP&A Act) must be prepared according to 

guidelines provided in the ‘Threatened Species assessment guidelines – the assessment of 

significance’ (2007) in certain cases. These guidelines explain the process involved in 

undertaking a threatened species assessment, set out the responsibilities of the people 

involved and provide general survey standards for flora and fauna surveys. 

 

 

 

a Species Impact Statement (SIS) must be prepared if a significant effect on a 

threatened species, population or community or their habitats is likely. An SIS must 

be prepared according to the requirements of the Director General of DECCW and in 

accordance with the requirements of the Threatened Species Conservation Act 1995 

(TSC Act). The findings and recommendations of the SIS require the concurrence of 

the Director General of DECCW and the approval of the Planning Minister. Note that a 

referral to the Department of Environment Water, Heritage and the Arts (DEWHA) 

under the Commonwealth Environment Protection and Biodiversity Conservation Act 

1999 (EPBC Act) may also be required 

Once it has been determined that an EIS is required in relation to an activity, the 

proposal must be assessed under Part 3A of the EP&A Act by the Minister 

For Essential Energy the environmental impact assessment process initially involves 

completing a Review of Environmental Factors (REF) (known as CEFD6024 – 

Essential Energy Environmental Impact Assessment Checklist) and is the responsibility 

of the Project Manager. Qualified consultants with ecological expertise may need to 

be engaged in considering the likely impact of the proposed activity on threatened 

species, populations, communities and their habitats (TSC Act 1995 and EPBC Act 

1999). 

9.4 What is a REF? What does a REF Contain and Address? 

A Review of Environmental Factors (REF) is an assessment of the likely significant effects on 

the environment of a proposed activity. It is required under Part 5 of the EP&A Act 

(Sections 111 and 112, clause 228 of the EP&A Regulations). 

For Essential Energy a REF is either prepared by a Determining Officer or Accredited Service 

Provider (ASP) through the completion of an Environmental Impact Assessment Checklist 

(CEFD6024 - EIA Checklist) or, if more detail is required, by an appropriately Qualified 

Consultant. 

The EIA Checklist contains several steps in the determination of the likely environmental 

effects associated with a proposed activity (refer to Section 12 of these Procedural 

Guidelines) and identifies specific control measures or ‘mitigation measures’ for each effect. 

It is a streamlined process enabling Essential Energy to consider whether a proposed 

activity has environmental effects that are: 

 

 

Unlikely to significantly affect the environment (i.e. minor and predictable), or 

Likely to significantly affect the environment. 




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The recent decision of the Land and Environment Court in Garrett v Freeman (No 5); 

Garrett v Port Macquarie Hastings Council; Carter v Port Macquarie Hastings Council [2009] 

NSWLEC 1 highlights the essential need to ensure that detailed procedural guidelines in 

relation to environmental planning and assessment are implemented by all Councils, 

government agencies and state owned corporations who make determinations under Part 5. 

The Court specifically stated that ‘tick-a-box’ checklists would not be adequate. 

Where the environmental impacts of a proposed development or activity are demonstrated 

by the EIA Checklist to be minor and predictable and are in compliance with the TSC Act 

1995 and the EPBC Act 1999, no additional EIA documentation is needed for compliance 

with the requirements of the EP&A Act. 

Where the impacts of the proposed activity are determined by the EIA Checklist to be likely 

to significantly affect the environment, and an EIS and possibly SIS is required the 

proposed activity will be dealt with as a Part 3A project and approval will be required from 

the Planning Minister. (Refer to Section 7 of these Guidelines). 

For larger and more complex projects, more detailed environmental assessment may be 

required and Qualified Consultants with ecological expertise may need to be engaged by 

Essential Energy. If the proposed activity is modified (eg. additional inclusion of access 

routes) and deviates considerably from the proposed activity previously assessed by the 

REF or approval, further assessment and approval will be required for impacts not 

previously addressed (refer to Section 111 of the EP&A Act). 

9.5 Consideration of Mitigation Measures 

Mitigation measures are those measures considered necessary to prevent, reduce and 

where possible remedy or offset any significant adverse impacts on the environment. They 

should not be an afterthought, but integrated in the proposal to ensure that the best 

environmental fit is achieved. Hence in assessing a proposed activity under Part 5 of the 

EP&A Act, Essential Energy, must properly identify, detail and incorporate proposed 

mitigation measures in the assessment of environmental impacts. That is, the proposed 

activity needs to be considered as a whole, including any proposed mitigation or control 

measures. 

Mitigation measures include generic control measures (outlined in the Project Safety and 

Environment Plan - CEPG5041) and those developed specifically for the project (project 

specific control measures). If possible the mitigation measures identified must be sufficient 

to control the potential impacts to a level that can be considered minor and predictable. 

Case law authority suggests that where ‘mitigation measures’ are considered they should be 

incorporated into the development proposal. If the assessment of environmental impacts 

under section 111 and 112 of the EP&A Act is made assuming the stated mitigation 

measures are in place, it follows that there must be confidence and commitment that any 

measures identified will be delivered, and that they have a real prospect of success. At the 

project level, mitigation measures may need to be specified in some detail and a 

commitment made to their implementation. 

In determining the threshold question (pursuant to sections 111 and 112 of the EP&A Act) 

as to whether a proposed activity or development is likely to significantly affect the 

environment (including critical habitat) or threatened species, populations or ecological 

communities, or their habitats, consideration must be given to the mitigation or 

ameliorative measures that are proposed as part of the development/activity (Smyth v 

Nambucca Shire Council & Anor [1999] NSWLEC 226; Donnelly v Delta Gold Pty Limited & 

Ors [2001] NSWLEC 55). However, in assessing the activity pursuant to sections 11 and 

112, consideration cannot be given to mitigation measures that may be imposed by way of 

conditions of development consent/approval. 




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9.6 Engaging a Qualified Consultant for a more detailed REF 

In certain circumstances, particularly where there are likely to be issues associated with 

cultural heritage and threatened species or for proposed activities identified as having 

complex or unpredictable impacts, Essential Energy may need to consider further detailed 

environmental assessment. For example a Qualified Consultant may be needed to provide: 

further expert advice with respect to a specific activity or component of the project 

 

 

a more detailed REF; or 

an SIS. 

The Qualified Consultant is required to submit a signed copy of the form CEFD6470 

‘Consultant Checklist for the Preparation of REF’ with their prepared REF report. The REF 

report will form the basis for a determination of whether the activity is likely to significantly 

effect the environment - including threatened species, populations or ecological 

communities or their habitats (Section 112 of the EP&A Act). For this reason, the REF must 

include a conclusion as to the impacts of the proposed activity on the environment in the 

terms specified in the EP&A Act. 

Legal review of the REF may be required where there are complex environmental issues, 

community opposition to the project or uncertainty about the requirement for other 

approvals. Legal review ensures that the requirements of the EP&A Act and other relevant 

environmental legislation have been met and minimises the risk of challenges to the 

environmental assessment process and interruption to the project. 

9.7 Environmental Impact Assessment Involving Contractors 

Some proposed activities are designed by accredited contractors or accredited service 

providers (ASPs) on behalf of Essential Energy. In these cases contractor accreditation 

requires appropriate Environmental Impact Assessment (EIA) training to ensure that the 

intention and requirements of the EP&A Act and other relevant legislation are understood 

and taken into account in the design phase. A copy of this Manual (CECM1000.70 - EIA 

NSW) should be provided to accredited contractors. 

An accredited contractor or ASP does not have any power to determine whether a proposed 

activity is likely, or unlikely, to have a significant environmental effect on the environment 

or to determine whether a species impact statement (SIS) is required. Instead the 

accredited contractor is required to lodge EIA documentation with Essential Energy for 

determination. This will usually be in the form of a REF and may include other studies as 

required by Essential Energy (eg. an assessment of significance, a cultural heritage report). 

The information provided must satisfy Essential Energy that all relevant approvals have 

been sought and all relevant factors considered. 

Accredited Service providers are responsible for bearing the costs of the environmental 

assessment process. Part 5 of the EP&A Act deals only with the obligations of proponents 

and Determining Authorities and does not refer to the obligations or liabilities of third 

parties (i.e. Essential Energy's contractors, who carry out environmental impact assessment 

or works on behalf of Essential Energy). While any prosecution or injunction for unlawful 

works may generally focus on a contractor or customer, it may be difficult for Essential 

Energy to avoid all liability, risks or criticism for unlawful works if Essential Energy is the 

proponent and has given approval. 




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9.8 What if the REF Determines the Proposed Activity has No Significant 

Environmental Effect? 

If the REF assessment concludes that there is likely to be no significant effects on the 

environment (within the terms of Section 112 of the EP&A Act), the activity can proceed 

once the Appropriate Officer is satisfied sufficient information has been obtained to support 

the determination and gives approval. 

The Appropriate Officer must provide a copy of the REF to any Government Authorities 

(within the meaning of Section 110 of the EP&A Act) whose approval is required for the 

project to proceed. 

Essential Energy may exhibit the REF for public comments before it makes a determination 

in relation to the project but it is not currently legally required to do so. 

A copy of the final REF (EIA Checklist) and any supporting studies or research should be 

annexed to the determination and retained. Any work (including later maintenance work) 

should comply with the particular matters identified in the REF. The REF/EIA Checklist 

should be placed on either the WASP or Objective database and a note with regard to 

particular site information indicating that a REF had been conducted should be placed on 

Essential Energy’s ‘Smallworld’ mapping database. 

What if the REF determines that the Proposed Activity has or is likely to have a 

Significant Effect on the Environment? 

If Essential Energy considers that the proposed activity is likely to significantly impact the 

environment, then the activity must be dealt with under Part 3A of the EP&A Act. Essential 

Energy will need to consider the proposed activity, prepare an Environmental Assessment 

discussing all relevant likely environmental impacts and apply to the Planning Minister 

following the Part 3A environmental assessment process (refer to Section 7 of these 

Procedural Guidelines). 

9.9 What Happens when an Activity is approved to proceed? 

Other assessments and approvals may still be required before a proposal can proceed (see 

Section 11 of this Guideline). Carrying out an EIA under the EP&A Act does not negate the 

need to obtain other approvals, licences and permits that may be required under Federal 

and State environmental laws. It is important that these approvals, licences and permits 

are considered early in the planning process and thereby form an integral part of the EIA 

process. 

Following assessment under Part 5, once an activity is approved to proceed, an 

Environmental Management Plan (‘EMP’) should be prepared by Essential Energy. 

‘CEPG5041 – Project Safety and Environment Plan’ is the template to be used for this 

purpose. The EMP should identify any environmental impacts considered during the 

assessment process, the conditions of any approvals or licences and relevant Essential 

Energy guidelines. It will also identify the mitigation measures or environmental controls 

necessary to control and reduce the environmental impacts. It is the responsibility of the 

Designer or Project Manager to provide the EMP to construction teams who are then 

responsible to implement the requirements. 




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Table 4 ~ Part 5 of EP&A Act Environmental Assessment 

Assessment of Proposal 

Identify issues 

Determine Essential Energy’s role - proponent and/or Determining Authority? 

Are other Determining Authorities involved in the assessment process? 

Exempt Development 

(Section 110E EP&A Act) 

Modification of activity, where 

impact already considered, that 

will reduce overall impact 

Routine activity that Minister 

determines has low impact and 

in accordance with Code 

Activity already approved by 

another authority after 

environmental assessment 

Determine Impacts on 

Environment 

Prepare a Review of 

Environmental Factors 

(REF) through the completion 

of Essential Energy’s EIA 

Checklist (CEFD6024) 

(conducted by Determining 

officer / ASP or Qualified 

Consultant) 

Satisfy notification and 

consultation requirements 

Infrastructure SEPP 2007 

Electricity Supply Act 1995 

Is the activity ‘likely to significantly affect the environment’? 

Refer to Sec. 111, 112 EP&A Act; Cl. 228 EP&A Regulations; relevant guidelines. 

NO YES YES 

Proceed with Activity 

Once approval from the 

determining authority has been 

received, and other relevant 

approvals satisfied, the 

proposed activity may proceed. 

Environmental Management 

Plan (CEPG5041) EMP 

prepared. 

EIS required 

Declared as Part 3A Project 

Environmental assessment 

required Public exhibition. 

Ministerial approval required. 

Part 5 of EP&A Act; Parts 6 and 

14, Cl. 231 of EP&A Regulations 

2000. 

SIS required 

Assessment of Significance 

under Section 5A of EP&A Act – 

SIS necessary if it is 

determined that a likely 

significant affect on threatened 

species or their habitats. 

Carry out work in accordance with: 

All relevant approvals, licences & permits, and 

All conditions in the EIA, and 

All requirements of EMP (CEPG5041) and project specific control measures 




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10 CLEARING NATIVE VEGETATION 

10.1 Need for approval when clearing Native Vegetation 

The Native Vegetation Act 2003 (NSW) (NV Act) is the main piece of legislation that 

regulates the clearing of native vegetation on all land in NSW. Subject to certain 

exemptions, native vegetation must not be cleared, except in accordance with: 

1 a development consent granted in accordance with this Act; or 

2 a Property Vegetation Plan (PVP). 

The Minister is the consent authority for any DA made under the EP&A Act for any clearing 

of native vegetation that requires development consent. This function may be delegated to 

the local Catchment Management Authority (CMA). 

Many of the clearing actives undertaken by Essential Energy will be exempt from requiring 

consent under the NV Act or Part 5 assessment. Such exemptions are provided for in the NV 

Act and the Infrastructure SEPP. A flowchart showing how these pieces of legislation interact 

is provided below. 

Flowchart for consideration of whether clearing will be exempt from requiring Part 5 

assessment 

*Part 5 environmental impact assessment is not required, however, approvals and 

authorisations under other environmental and planning legislation may be necessary. 




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In considering whether an activity is exempt from requiring NV Act approval or Part 5 

assessment a number of simple steps can be followed. These steps (as well as the types of 

clearing activities that will be exempt) are outlined in Attachment F of this Manual and are 

explained in detail below. 

10.2 Overview and definitions 

What is native vegetation? 

Native vegetation is any species of vegetation that existed in NSW before European 

settlement including trees, saplings, shrubs, scrub, understorey plants, groundcover or 

plants occurring in a wetland. 

Mangroves, seagrasses and other marine vegetation are not native vegetation for the 

purposes of the NV Act. They are managed by the Fisheries Management Act 1994. 

What is clearing? 

Clearing native vegetation is defined as including cutting down, felling, thinning, logging or 

removing native vegetation or killing, destroying, poisoning, ringbarking, uprooting or 

burning native vegetation. 

What clearing requires approval? 

The clearing of native vegetation is subject to differing requirements depending on whether 

the vegetation is classified as non-protected regrowth, protected regrowth or remnant 

vegetation. 

Regrowth 

Regrowth means any native vegetation that has regrown since 1 January 1983 in the case 

of land in the Western Division and 1 January 1990 in the case of other land. Regrowth does 

not include native vegetation that has regrown after: 

 

 

unlawful clearing of remnant vegetation; or 

bushfires, floods, droughts or other natural events causing the clearing of remnant 

vegetation. 

Protected regrowth 

Protected regrowth is native vegetation that is regrowth and that is identified as protected 

regrowth in a PVP, an EPI, a natural resources management plan or an interim protection 

order under the NV Act. It also includes native vegetation that is regrowth which has been 

grown and preserved with the assistance of public funds granted for biodiversity 

conservation purposes. 

Remnant vegetation 

Remnant vegetation is any native vegetation that is not regrowth. 

Approval for clearing protected regrowth or remnant native vegetation under the NV Act 

may be obtained through either a PVP or a development consent. Both PVPs and consents 

are granted by CMAs (pursuant to the delegated authority of the Minister under section 48 

of the NV Act). 




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Under the NV Act a local CMA can only approve the clearing of remnant vegetation or 

protected regrowth when the clearing will “improve or maintain environmental 

outcomes”. “Improve or maintain” means that for clearing to be approved it cannot result 

in reduced environmental outcomes. The impact of clearing is measured against four 

environmental values including water quality, soils, salinity and biodiversity (including 

threatened species). 

10.3 What clearing does not require approval? 

There are some exemptions provided under the NV Act that may apply to negate the 

requirement for consent or a PVP. 

Clearing of native vegetation does not require approval under the NV Act if: 

1 the land is excluded from the operation of the NV Act 

2 the clearing is excluded from the NV Act 

3 the clearing is permitted clearing; or 

4 the clearing is a permitted activity under the NV Act. 

Furthermore, if the clearing is within the operation of the NV Act or falls within one of these 

exemptions, environmental impact assessment under Part 5 of the EP&A Act is not required 

(section 16). Additionally, clearing may also fall under the listed exemptions in the 

Infrastructure SEPP and, if so, Part 5 assessment is not required. 

To determine whether approval is required under the NV Act or whether an EIA is required 

in relation to a particular activity, follow the steps below and as further outlined in 

Attachment F. 

10.4 Step 1 - Determine whether the land on which the activity is proposed to 

occur is excluded from the operation of the NV Act. 

Excluded land 

Schedule 1 of the NV Act lists land that is excluded from the operation of the Act. If the 

land is excluded, the provisions of the NV Act do not apply and land will continue to be 

subject to any local environmental plan that applies to the land. Part 5 assessment may 

therefore still be required in addition to any other approvals required under other 

legislation. Excluded land includes: 

1 National Parks and other conservation areas including land: 

a 

b 

c 

d 

e 

f 

Land that is reserved under the National Parks and Wildlife Act 1974 (NPW Act) 

Land that is acquired under s 145 of the NPW Act for the purpose of obtaining 

land for reservation or for the purpose of preserving, protecting and preventing 

damage to Aboriginal objects or Aboriginal places 

Land that is subject to an interim protection order made under Part 6A of the 

NPW Act 

Land to which an interim heritage order or listing on the State Heritage register 

under the Heritage Act applies 

Land that is critical habitat, being habitat declared under Part 3A of the TSC Act 

or under Division 3 of Part 7A of the FM Act 

Lord Howe Island. 




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2 State forests and reserves, for example land that is a State forest, flora reserve or 

timber reserve under the Forestry Act or that is acquired under s 15 of the Forestry 

Act for the purposes of a State forest 

3 Land that is critical habitat 

4 Listed local government areas (outlined in Attachment F below); and 

5 Land zoned in an environmental planning instrument as residential (but not rural 

residential), village, township, industrial or business, or, having regard to the purpose 

of the zone, having the substantial character of a zone so designated. This is 

determined by reference to the zoning description and, in particular, the objectives of 

the zone. 

Excluded clearing 

The clearing listed below does not require approval under the NV Act because it has been 

authorised under other legislation. 

1 any clearing authorised under the State Emergency and Rescue Management Act 1989 

in relation to an emergency within the meaning of that Act 

2 any clearing authorised under the Rural Fires Act 1997 in relation to any emergency 

fire fighting act within the meaning of that Act 

3 any clearing carried out in accordance with a bush fire management plan under the 

Rural Fires Act 1997 

4 any clearing carried out in accordance with a property management plan approved by 

the Director-General of the Department of Environment and Conservation for the 

purposes of the Threatened Species Conservation Act 1995 

5 any clearing authorised under a licence issued under Division 1 of Part 6 of the 

Threatened Species Conservation Act 1995 

6 any clearing that is, or that is part of, designated development within the meaning of 

the Environmental Planning & Assessment Act 1979 and for which development 

consent has been granted under that Act 

7 any clearing that is, or is part of, an activity carried out by a determining authority 

within the meaning of Part 5 of the Environmental Planning & Assessment Act 1979 if 

the determining authority has complied with that Part 

8 any clearing that is, or is part of, an activity carried out in accordance with an 

approval of a determining authority within the meaning of Part 5 of the Environmental 

Planning & Assessment Act 1979 if the determining authority has complied with that 

Part 

9 any clearing authorised to be carried out under Division 3 or 4 of Part 7 of the 


10 any clearing authorised under a licence issued under Division 6 of Part 7A of the 


11 any clearing carried out in accordance with a licence issued under section 131 of the 

National Parks and Wildlife Act 1974 

12 any clearing authorised under the Mining Act 1992 

13 any clearing authorised under the Petroleum (Onshore) Act 1991 

14 any clearing that consists of plantation operations within the meaning of the 

Plantations and Reafforestation Act 1999 on an authorised plantation in accordance 

with any conditions of the authorisation and with the Plantations and Reafforestation 

Code under that Act 




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15 any clearing that involves the removal or lopping of any tree or other vegetation in 

accordance with section 88 of the Roads Act 1993 

16 any clearing carried out in accordance with a consent under Division 3 of Part 9 of the 

Roads Act 1993 

17 any clearing carried out in accordance with a permit under Part 3A of the Rivers and 

Foreshores Improvement Act 1948 

18 any clearing for the purpose of a survey under the Surveying Act 2002 that is 

undertaken by or under the direction of a surveyor 

19 any clearing carried out in accordance with a licence, permit, authority or approval 

under the Water Act 1912 or the Water Management Act 2000. 

10.5 Step 2 - Is the clearing or activity permitted under the NV Act without the 

need for NV Act approval or Part 5 assessment? 

Clearing will not require approval under the NV Act or assessment under Part 5 of the EP&A 

Act if the clearing constitutes either 'permitted clearing' or a 'permitted activity'. 

Permitted clearing 

Permitted clearing does not require approval under either the NV Act or the Threatened 

Species Conservation Act 1995 (NSW) (TSC Act), except in the case of clearing certain 

groundcover. 

Permitted clearing includes the clearing of non-protected regrowth and certain groundcover. 

Regrowth - means any native vegetation that has regrown since 1 January 1983 in the case 

of land in the Western Division and 1 January 1990 in the case of other land. Regrowth 

does not include native vegetation that has regrown after: 

 

 

unlawful clearing of remnant vegetation; or 

bushfires, floods, droughts or other natural events causing the clearing of remnant 

vegetation. 

Groundcover means any type of herbaceous vegetation. Clearing of native vegetation that 

comprises only groundcover is permitted if: 

a the vegetation comprises less than 50% of indigenous species of vegetation, and 

b 

not less than 10% of the area is covered with vegetation (whether dead or alive). 

In respect of groundcover, Essential Energy may require additional approvals to clear 

groundcover. For example, CE would require a licence under the TSC Act to pick any plant 

that is, or is part of, a threatened species, an endangered population or an endangered 

ecological community. 

Permitted activities 

Permitted activities are set out in sections 21 to 24 of the NV Act and include clearing for 

Routine Agricultural Management Activities (RAMAs). Clearing of native vegetation 

associated with RAMAs is permitted without approval: 

1 when undertaken to the minimum extent necessary and within specified distance 

limitations where they apply, and 

2 so long as any other approvals necessary for the work, such as building approval are 

obtained. 

3 RAMAs cover a wide range of activities including: 




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the construction, operation and maintenance of rural infrastructure including 

dams, permanent fences, buildings, windmills, bores, air strips (in the Western 

Division), stockyards and farm roads but NOT in areas zoned as rural-residential 

the removal of noxious weeds under the Noxious Weeds Act 

the control of noxious animals under the Rural Lands Protection Act 

the maintenance of public utilities (such as those associated with the 

transmission of electricity, the supply of water, the supply of gas and electronic 

communication) 

any activity reasonably considered necessary to remove or reduce an imminent 

risk of serious personal injury or damage to property 

the construction, operation and maintenance of infrastructure by an 

instrumentality of the Crown including roads, tracks, viewing platforms, signs 

and recreational facilities (but does NOT apply to clearing that comprises a 

threatened species, or a component of a threatened population or ecological 

community under the TSC Act or is likely to comprise habitat of such a 

threatened species or habitat OR habitat of threatened species, populations or 

ecological communities of fish under the FM Act) 

the construction, operation and maintenance on Crown land of 

telecommunications infrastructure. 

In respect of clearing necessary to maintain public utilities, in particular electricity, the 

following activities can be undertaken without approval: 

 

 

 

maintaining the necessary safety clearances under powerlines (conductors and 

structures) and around communication sites, or 

minimising fuel loads under powerlines to minimise the chance of smoke from a fire 

resulting in a line trip, or 

maintaining existing access roads and tracks. 

However, this RAMA cannot be used for the following activities: 

 

 

 

construction of new access roads or tracks 

removal of low growing groundcover, or 

maintaining safety clearances from powerlines that exceed either the distance in the 

table below or the minimum distance that will ensure reliability of supply under all 

loading and environmental conditions and minimise the risk of arcing. 

Nominal operating voltage of powerline 

Not more than 11kV 

above 11kV up to 33kV 

33kV up to and including 66kV 

above 66kV up to and including 132kV 

above 132kV up to and including 330kV 

above 330kV 

Maximum clearing distance 

(measured each side from the centre line of 

the powerline) 

10 metres 

12.5 metres 

15 metres 

22.5 metres 

30 metres 

35 metres 




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It is important to note that despite the fact that an activity is permitted because it is a 

RAMA, the activity will not be permitted if an approval or other authority is required by 

another Act or if the clearing is in contravention of another Act. For instance, the clearing 

of native vegetation that comprises a threatened species, or a component of a threatened 

population or threatened ecological community, in the TSC Act or is likely to comprise 

habitat of a threatened species is not authorised by virtue of the fact that the clearing is for 

RAMAs. 

However, it is a defence to a prosecution for an offence under the National Parks and 

Wildlife Act 1974 if the clearing of native vegetation constitutes a routine agricultural 

management activity for the purpose of maintaining public utilities (such as those 

associated with the transmission of electricity, the supply of water, the supply of gas and 

electronic communication (section 118G(2)(h) NPW Act) 

Vegetation Control Officers (VCOs) should consider a number of important factors, including 

whether the proposed vegetation maintenance will affect threatened species, populations or 

ecological communities, or their habitats (see Attachment A for detailed discussion on this 

issue). (Garrett v Freeman (No. 4) [2007] NSWLEC 389). Any issues in respect of soil 

erosion and sedimentation should also be carefully considered in conjunction with any 

vegetation clearing (refer CECM1000.73 SSHE Manual: Water). Note that in Environment 

Protection Authority v Transgrid [2003] NSWLEC 18 Transgrid was convicted in respect of 

four offences under s120 of the POEO Act for causing waters to be polluted. Those waters 

were polluted due to excessive clearing of native vegetation as no sediment controls had 

been put into place by Transgrid to prevent the soil from washing into the nearby 

waterways. 

In conclusion a VCO must decide in respect of the proposed vegetation maintenance works 

whether: 

 

 

 

 

the proposed vegetation maintenance can take place subject to obtaining any required 

approvals, licences or permits 

expert advice is required with respect to a ’sensitive area’ 

a REF is required to assess the likely impact of the proposed vegetation maintenance 

on the environment and on the ’sensitive area‘ if identified, or 

the proposed vegetation maintenance should be referred to an immediate supervisor 

for further consideration. 

It will also be important to consider the terms of any easement, licence and access for the 

land to be cleared. Approval to access may be required from another authority such as 

DECCW. 

10.6 Step 3 - If the clearing is a RAMA, ensure that infrastructure buffer 

distances are satisfied. 

If the buffer distances are not satisfied the activity will not be exempt from approval under 

the NV Act and assessment under Part 5 may still be required. The infrastructure buffer 

distances are provided under clause 20 of the NV Regulation and reproduced in Attachment 

F. The buffer distances vary depending upon the area in which the clearing is proposed to 

be undertaken. 

10.7 Step 4 - If the clearing is not exempt under the NV Act, is it exempt under 

the Infrastructure SEPP? 




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Under the Infrastructure SEPP, development for the purposes of an electricity transmission 

or distribution network, gas transmission or distribution network, stormwater management 

system, water supply system may be carried out by or on behalf of an electricity supply 

authority or public authority without consent. To be exempt development under the 

Infrastructure SEPP, an activity: 

1 must be of minimal environmental impact; and 

2 cannot be carried out in a critical habitat of an endangered species, population or 

ecological community (identified under the Threatened Species Conservation Act 1995 

or the Fisheries Management Act 1994) and 

3 cannot be carried out in a wilderness area (identified under the Wilderness Act 1987). 

Additionally, clause 20(2) of the Infrastructure SEPP provides that to be exempt 

development, the development: 

 

 

 

 

 

must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia; 

and 

if it is carried out in relation to an existing building, must not cause the building to 

contravene the Building Code of Australia; and 

must be carried out in accordance with all relevant requirements of the Blue Book; 

and 

must involve no more than minimal impact on the environment or amenity of the 

surrounding area; and 

if it is likely to affect a State or local heritage item or a heritage conservation area, 

must involve no more than minimal impact on the heritage significance of the item or 

area. 

The Infrastructure SEPP generally prevails over the provisions of other environmental 

planning instruments in the event of inconsistency except for the provisions of State 

Environmental Planning Policy No 14 – Coastal Wetlands and State Environmental Planning 

Policy No 26 – Littoral Rainforests. Where the activity is proposed to be undertaken on land 

to which SEPP 14 or SEPP 26 apply, Essential Energy cannot rely on exemptions under the 

Infrastructure SEPP and will need to obtain development consent from the local Council 

pursuant to Part 4 of the EP&A Act. 

The Infrastructure SEPP provides that the following activities are exempt from requiring Part 

5 assessment: 

Electricity transmission or distribution network: 

 

 

 

 

maintenance of existing access tracks in easements or rights of way, or on land 

subject to section 53 of the Electricity Supply Act 1995, if it is required to facilitate the 

maintenance or repair of electricity lines 

emergency works to maintain or restore a supply of electricity 

vegetation management for the purposes of an electricity transmission or distribution 

network; if the activity involves: 

a complying with a tree management plan prepared in accordance with clause 103 

of the Electricity Supply (General) Regulation 2001; or 

b 

vegetation management that is exempted under clause 21 of the Native 

Vegetation Regulation 2005 (clause 43(k)). 

environmental management works in an existing fenced area or in an existing 

building. 




UNCLASSIFIED 



UNCLASSIFIED 


Gas transmission or distribution network 

 

 

maintenance or emergency works or routine maintenance to protect the pipeline, the 

environment or the public, if the works involve no greater soil or vegetation 

disturbance than necessary 

maintenance or repair of existing access tracks or gates along pipeline corridors, if the 

maintenance or repair involves no greater soil or vegetation disturbance than 

necessary (clause 54). 

Sewerage systems 

emergency works or emergency maintenance or repairs to protect a sewerage system, 

if they involve no greater soil or vegetation disturbance than necessary 

 

routine maintenance or associated landscaping works if any disturbance to soil or 

vegetation is no greater than necessary (clause 107). 

Stormwater management systems 

 

emergency works or emergency maintenance or repairs to protect a stormwater 

management system 

routine maintenance or associated landscaping works (clause 112). 

Water supply system 

 

 

 

emergency works or emergency maintenance or repairs to protect a water supply 

system 

routine maintenance or associated landscaping works in connection with a water 

supply system 

maintenance of access tracks along or to corridors, pipelines and other infrastructure 

(clause 127). 

Clearing of vegetation (including any necessary cutting, lopping, ringbarking or removal of 

trees) and associated rectification and landscaping is taken to be construction works or 

routine maintenance works if they are carried out for that purpose. 

Emergency works means works for the purpose of maintaining or restoring infrastructure 

facilities or equipment in order to ensure public safety or to protect buildings or the 

environment due to: 

a 

b 

c 

a sudden natural event, including a storm, flood, tree fall, bush fire, land slip or 

coastal inundation, or 

accident, equipment failure or structural collapse, or 

damage caused by vandalism or arson 

provided the works involve no greater disturbance to soil or vegetation than necessary and 

are carried out in accordance with all applicable requirements of the Blue Book. 

Environmental management works means: 

a works for the purpose of avoiding, reducing, minimising or managing the 

environmental effects of development (including effects on water, soil, air, biodiversity, 

traffic or amenity), and 

b 

environmental protection works. 

Please refer to the Exempt Development table in Attachment E for further information. 




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10.8 Legislation other than the NV Act under which CE may require approval for 

the clearing of native vegetation 

Both permitted activities or clearing and clearing requiring approval may also require 

approval under other legislation. All relevant approvals need to be obtained before the 

native vegetation can be legally cleared. 

Listed below are the pieces of legislation that should also be considered before clearing 

native vegetation. 

EP&A Act 

The NV Act does not override any requirement to obtain consent from a local council where 

a Local Environmental Plan (LEP) requires approval for the clearing of native vegetation. 

Council controls apply in addition to the requirements of the Act. 

Particularly, the NV Act does not remove the requirement for a landholder or developer to 

obtain development consent under an LEP for: 

1 any clearing of native vegetation requiring consent under any specific clause within 

the LEP (including under an existing Tree Preservation Order); or 

2 any clearing of native vegetation that is ancillary to local development that requires 

development consent under the LEP; or 

3 any removal of trees or vegetation that is identified in a council development control 

plan as requiring development consent or a permit from council. 

However, once a PVP is approved or development consent is granted under the NV Act, any 

subsequent change to an environmental planning instrument cannot prohibit, restrict or 

otherwise affect the approved PVP or development consent. 

Where there are dual consent requirements, both approvals must be obtained prior to 

clearing taking place. There are no legal requirements as to which application should be 

submitted first. It would often make sense for an applicant to apply under the NV Act 

before applying to Council, because the environmental test under the NV Act is specifically 

focused on the maintenance and improvement of native vegetation. 

Protection of the Environment Operations Act 1997 (NSW) 

A licence may be required under the POEO Act for certain types of clearing that involve 

burning. Additionally, a licence may be required under the POEO Act if there is a risk of 

contamination of any waterway with sediment or herbicide during clearing. 

Rural Fires Act 1997(NSW) 

A permit may be required under the Rural Fires Act 1997 (NSW) for certain types of clearing 

that involve burning. 

National Parks and Wildlife Act 1974 (NSW) 

Under section 90 of the NPW Act it is an offence to knowingly damage or destroy Aboriginal 

archaeological relics without prior consent from DECCW. Should any Aboriginal 

archaeological site be discovered during clearing, work should cease immediately. Section 

87 provides for an approval for Aboriginal objects. 

Threatened Species Conservation Act 1995 (NSW) 

A separate licence under the TSC Act is not required for clearing approved as part of a PVP 

or development consent under the NV Act. 




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This is provided for pursuant to section 118A of the NPW Act (which provides that approval 

under a PVP is a defence against certain offences under the TSC Act and NPW 

Act). Furthermore, section 118G of the NPW Act provides a defence against certain 

offences where the clearing of native vegetation is for the purposes of the maintenance of 

public utilities (such as those associated with the transmission of electricity, the supply of 

water, the supply of gas and electronic communication) or where the clearing is considered 

necessary to remove or reduce an imminent risk of serious personal injury or damage to 

property when undertaken to the minimum extent necessary. 

Additionally, section 126D of the TSC Act provides that the effect of biodiversity certification 

is that the clearing of native vegetation as authorised by development consent under the NV 

Act does not require preparation of a species impact statement or consultation between 

Ministers. 

Environmental Protection and Biodiversity Conservation Act 1999 (Cth) 

An approval under the NV Act does not remove the obligation of landholders to obtain 

approval under the Commonwealth Environmental Protection and Biodiversity and 

Conservation Act 1999 (Cth) (EPBC Act) where necessary. Actions that are likely to have a 

significant impact on a matter of national environmental significance, such as World or 

National Heritage areas, nationally listed threatened species and ecological communities, 

and migratory species, need to be referred to the Commonwealth Department of the 

Environment and Heritage to determine if an approval is required. 

10.9 Other legislation which affects the clearing of native vegetation 

Electricity Supply Ac t 1995 (NSW) 

The Electricity Supply Ac t 1995 (NSW) provides that if a network operator has reasonable 

cause to believe that a tree, shrub or plant situated on any premises: 

a 

b 

could destroy, damage or interfere with its electricity works, or 

could make its electricity works become a potential cause of bush fire or a potential 

risk to public safety 

A network operator may: 

a 

b 

serve a written notice on the owner or occupier of the premises requiring the owner to 

trim or remove the tree, or 

in an emergency, may, at its own expense, trim or remove the tree itself. 

10.10 Penalties for non-compliance 

Section 12(2) of the NV Act provides that a person who carries out or authorises the 

carrying out of clearing without development consent granted under the NV Act or without a 

PVP is guilty of an offence and is liable to a penalty not exceeding $1,100,000 and to a 

further daily penalty not exceeding $110,000. 

There have been a number of prosecutions heard in the New South Wales Land and 

Environment Court against individuals and corporations for breaches of section 12 of the NV 

Act (and its predecessor the Native Vegetation Conservation Act 1997 (NSW)) including 

Director-General of the Department of Environment and Climate Change v Hudson [2009] 

NSWLEC 4 and Director-General of the Department of Environment and Climate Change v 

Taylor [2007] NSWLEC 530. 

In these cases fines were imposed ranging from $20,000 to $400,000 plus prosecutor’s 

costs. 




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Additionally, individuals and corporations may be prosecuted in relation to breaches of the 

EPBC Act with significant penalties imposed (Minister for the Environment and Heritage v 

Greentree (No. 3) [2004] FCA 1317). 

Also note the recent decision in Garrett v Freeman (No 5); Garrett v Port Macquarie 

Hastings Council; Carter v Port Macquarie Hastings Council [2009] NSWLEC 1 whereby the 

Council, and Council’s Director of Infrastructure Services, were prosecuted for offences 

under the National Parks and Wildlife Act 1974 for damage caused to the habitat, not being 

critical habitat, of a threatened species as a result of undertaking construction of road works 

on land at Partridge Creek. 

Neither Council nor the relevant Council officer were able to rely on the defences provided 

under s 118D of the National Parks and Wildlife Act due to the fact that no proper Part 5 

assessment had been carried out in relation to the proposed activity. The fines and costs in 

the penalty judgment (against both Council and Mr Freeman) totalled $499,000. 

11 EXEMPT DEVELOPMENT 

Certain development is exempt from requiring assessment under Part 4 or Part 5 of EP&A 

Act. 

Section 76(2) of the EP&A Act states that an EPI may provide that development of a 

specified class or description that is of minimal impact is exempt development. 

Development may be prescribed as exempt development under LEPs, DCPs or SEPPs, 

including the Infrastructure SEPP and the SEPP (Exempt and Complying Development 

Codes) 2008. 

If development is exempt development, the development may be carried out on land 

without the need for development consent under Part 4 of the EP&A Act unless the land: 

 

is critical habitat; or 

is, or is part of, a wilderness area (within the meaning of the Wilderness Act 1987) 

if development is exempt, Part 5 assessment is not required. 

Section 110E of the EP&A Act provides that environmental assessment under Part 5 is not 

required for: 

 

 

 

a modification of an activity, whose environmental impact has already been 

considered, that will reduce its overall environmental impact 

a routine activity (such as the maintenance of infrastructure) that the Minister 

determines has a low environmental impact and that is carried out in accordance with 

a code approved by the Minister 

an activity (or part of an activity) that has been approved, or is to be carried out, by 

another determining authority after environmental assessment in accordance with Part 

5. 

The Infrastructure SEPP provides that certain types of development which have only 

minimal environmental impact are exempt from Part 5 assessment; however the particular 

requirements of the SEPP must be satisfied. 

Certain routine maintenance works are also exempt development under the Infrastructure 

SEPP, including certain activities carried out in relation to the electricity transmission 

network. Clause 5(4) provides that routine maintenance works include: 

 

Routine repairs to or replacement of equipment or assets 




UNCLASSIFIED 



UNCLASSIFIED 


 

 

Temporary construction yards; or 

Clearing of vegetation (including any necessary cutting, lopping, ringbarking or 

removal of trees) and associated rectification and landscaping. 

The EP&A Act provides for a maximum penalty of $1.1m to be imposed for work carried out 

that is subsequently proved not to be exempt development. As such, it is essential that 

Essential Energy document the activities that are exempt. 

Sections 10.1 to 10.9 detail the possible circumstances in which Essential Energy designs or 

proposals may be considered ‘exempt’. 

11.1 Gas Supply Act (GSA 1996) , and Pipelines Act 1967 

When works are for the erection, installation, extension, alteration, maintenance 

and removal of gas works, particularly on public roads, they are exempt from approvals 

under the LG Act 1993 except in relation to buildings (Section 47 of the GSA 1996). This 

work is also generally exempt from the requirements of the EP&A Act by virtue of Section 

40 of the Pipelines Act 1967. There are, however, requirements for notification and 

consideration of submissions in relation to such work, unless it is for routine connections, 

repairs or maintenance work (Section 47.4 of the Gas Supply Act 1996). 

11.2 The Infrastructure SEPP 2007 

The Infrastructure SEPP sets out a number of specific activities as well as general activities 

that are considered ‘exempt development’. 

Development will, however, only be exempt if it is of minimal environmental impact and is 

not carried out in a critical habitat or wilderness area (clause 20). (2) To be exempt 

development, the development: 

 

 

 

 

 

must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia 

(BCA); and 

if it is carried out in relation to an existing building, must not cause the building to 

contravene the BCA; and 

must be carried out in accordance with all relevant requirements of the Blue Book; 

and 

must involve no more than minimal impact on the environment or amenity of the 

surrounding area; and 

if it is likely to affect a State or local heritage item or a heritage conservation area, 

must involve no more than minimal impact on the heritage significance of the item or 

area. 

The activities that constitute exempt development are listed under the following broad 

categories: 

electricity transmission and distribution network (clause 43) 

 

 

gas pipeline if the pipeline is subject to a licence under the Pipelines Act 1967 or a 

licence or authorisation under the Gas Supply Act 1996 (clause 54) 

sewage treatment plants or biosolids treatment facilities in prescribed zones (clause 

107) 

stormwater management systems (clause 112) 

 

telecommunications facilities (including radio facilities) (clause 116); and 

water reticulation systems (clause 127). 




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Specific activities in relation to electricity transmission or distribution networks include 

(clause 43) 

 

 

 

 

 

 

 

 

 

 

installation of cables in existing conduits if the installation involves no greater soil or 

vegetation disturbance than necessary 

maintenance, repair, replacement or realignment of poles or of associated support 

structures for electricity lines that have a capacity of less than 33 kV, if: 

o 

o 

the primary purpose of the development is not to increase the capacity of the 

network, and 

in the case of replacement, the replacement materials are similar to the 

materials being replaced or, if timber pole structures are being replaced, they 

are replaced with similar sized steel or concrete structures. 

installation, maintenance, repair, replacement or upgrading of above or below ground 

service lines with a capacity of less than 33 kV that connect premises to the network. 

installation, maintenance, repair or replacement of the following: 

o existing plant or equipment in an existing fenced area or in an existing building 

(including pillars with a capacity of less than 33 kV, fuses, control points, 

switches, regulators and protection equipment, but not including outdoor 

installation of equipment with a capacity of 33 kV or more) 

o street lighting if the lighting minimises light spill and artificial sky glow in 

accordance with AS/NZS 1158:2007 Lighting for Roads and Public Spaces 

o electricity metering, and 

o electrical conductors on existing structures, if the development will not result in 

an increase in the capacity of the network. 

maintenance of existing access tracks in easements or rights of way, or on land 

subject to section 53 of the Electricity Supply Act 1995, if it is required to facilitate the 


maintenance, repair or replacement of pole substations, if: 

o the development will not result in any increase in the capacity of the network, 

and 

o in the case of replacement of materials, the replacement materials are similar to 

the materials being replaced and the replacement does not involve any structural 

alterations. 

demolition and removal of electricity works in accordance with the relevant provisions 

of AS 2601—2001 Demolition of structures (not including works associated with 

substations containing equipment that has a capacity of 33 kV or more or at sites 

where soil is likely to be contaminated) 

emergency works to maintain or restore a supply of electricity 

construction, maintenance or realignment of security fencing with a height of not more 

than 3.2m above ground level 

investigations (including geotechnical and other testing, surveying and sampling) 

above or below the surface of the ground, if the investigations: 

o involve no greater soil or vegetation disturbance than necessary, and 

o 

do not result in an increase in stormwater drainage or run-off from the sites 

concerned 




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UNCLASSIFIED 


 

 

o 

vegetation management complying with a tree management plan prepared in 

accordance with clause 103 of the Electricity Supply (General) Regulation 2001 

or vegetation management that is exempt under clause 21 of the Native 

Vegetation Regulation 2005. 

environmental management works in an existing fenced area or in an existing building 

The Infrastructure SEPP also specifies certain development that, whilst it is not 

exempt development, it may be carried out by or on behalf of a public authority 

without consent, subject to certain requirements. 

For example, under the Infrastructure SEPP, development may be permitted without 

consent if it constitutes: 

 

 

 

emergency works on the site of a part of an electricity transmission and distribution 

network or for the purposes of a gas pipeline or water supply system 

routine maintenance works on the site of a part of an electricity transmission and 

distribution network, sewerage system and water supply system 

as environmental management works for the purpose of managing the environmental 

effects of development and environmental protection on the site of a part of an 

electricity transmission and distribution network, sewerage system and water supply 

system. 

Routine maintenance works would extend to including the clearing of vegetation (including 

any necessary cutting, lopping, ringbarking or removal of trees) and associated rectification 

and landscaping. 

The Infrastructure SEPP 2007 also provides that vegetation clearing will be exempt 

development if it constitutes: 

 

 

 

 

 

management of vegetation in compliance with a tree management plan prepared in 

accordance the Electricity Supply (General) Regulation 2001 (Clause 43(k)) 

environmental management works for the purpose of managing the environmental 

effects of development and environmental protection in an existing fenced area or 

building in connection with an electricity transmission and distribution network (Clause 

43(l)) 

maintenance of existing access roads and tracks in easements or rights of way for 

electricity transmission and distribution networks, along gas pipeline corridors or 

corridors, pipelines and other infrastructure for a water supply system or sewerage 

system if the maintenance or repair involves no greater soil or vegetation disturbance 

than necessary (Clause 54(d)(i)) 

landscaping works associated with routine maintenance in connection with a sewerage 

system or water supply system if disturbance to soil or vegetation is not greater than 

necessary (Clauses 107(c) and 127(c)) 

emergency works to protect a sewerage system if disturbance to soil or vegetation is 

not greater than necessary (Clause 107(a)) 

 

bush fire protection works consistent with applicable bush fire risk management plan 

to maintain existing fire trails recorded on a Bush Fire Management Committee Fire 

Trail Register or asset protection zones in accordance with the NSW Rural Fire Service 

publication Standards for Asset Protection Zones, without any change of alignment of 

the trails or zones (Schedule 1). 




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These permissions and exemptions for clearing vegetation under Infrastructure SEPP 

override any consent requirements in Council LEPs. They do not override any obligations 

for consent and approval under the SEPP Major Projects, SEPP 26 Littoral Rainforests and 

SEPP14 Coastal Wetlands. In addition, assessment and approval may still be required 

under the EPBC Act. 

As noted previously, the Infrastructure SEPP provides for notification and consultation 

requirements that Essential Energy must follow before making a determination for project 

approval. 

Further exempt development works specific to Essential Energy are listed in Attachment E. 

11.3 The Exempt and Complying Development Codes SEPP 2008 

The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 

provides for certain types of developments to be ‘exempt and complying development’ and 

do not require development consent. Like the Infrastructure SEPP 2007, the code also 

refers to Section 76 of the EP&A Act which provides that to be exempt development, the 

development must be of minimal environmental impact and not to be undertaken in a 

critical habitat or wilderness area. Relevantly, clause 1.8(2) provides that if this SEPP and 

the Infrastructure SEPP specify the same development as either exempt or complying, the 

terms of the Infrastructure SEPP will prevail. 

Examples of relevant exempt development under the code include access ramps, aerials and 

antennae, air conditioning units, demolition, driveways, earthworks and retaining walls, 

landscaping structures, minor building works (both internal and external) (see Part 2 

Exempt Development Codes 2008). For earthworks and drainage works, the code provides 

for particular development standards before these works can be regarded as exempt 

development. These standards relate to; excavation of sloping sites, fill of sloping sites, 

run-off and erosion controls, and drainage (see Division 2 and Subdivision 6 Exempt 

Development Codes 2008). 

11.4 Existing Use Rights 

Another way that development consent may not be required and development may be 

considered ‘exempt’ is where Essential Energy has an ‘existing use’ right to use land in a 

certain manner. The proposed work must be consistent with the original purpose for which 

it was initially lawfully assessed and approved, i.e. routine maintenance and repairs. Any 

alterations or extreme changes etc may require consent. 

11.5 Native Vegetation Act 2003 

Section 25 of the NV Act outlines a number of legislative exclusions where the approval 

requirements do not apply. These include: 

 

 

 

 

 

any clearing authorised under a licence issued under Division 1 of Part 6 of the TSC 

Act 1995 

any clearing that is, or is part of, an activity carried out by a determining authority 

within the meaning of Part 5 of the EP&A Act 1979 if the determining authority has 

complied with that Part 

any clearing that is, or is part of, an activity carried out in accordance with an 

approval of a determining authority within the meaning of Part 5 of the EP&A Act 1979 

if the determining authority has complied with that Part 

any clearing authorised under a licence issued under Division 6 of Part 7A of the FM 

Act 1994 or authorised to be carried out under Divisions 3 or 4 of Part 7 of the FM Act 

any clearing carried out in accordance with a consent under Division 3 of Part 9 of the 

Roads Act 1993; and 




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any clearing carried out in accordance with a licence, permit, authority or approval 

under the Water Act 1912 or Water Management Act 2000. 

11.6 Rural Fires Act 1997 

Under section 63(1) of the Rural Fires Act 1997, a public authority has a duty to take steps 

as notified by the Bush Fire Co-ordinating Committee (or as contained in a bush fire risk 

management plan), and any other practicable steps, to prevent the occurrence of bush fires 

on, and to minimise the danger of the spread of a bush fire on or from: 

 

 

any land vested in or under its control or management; or 

any highway, road, street, land or thoroughfare, the maintenance of which is charged 

on the authority. 

A public authority, or owner or occupier, is liable for the costs incurred in performing this 

duty (Section 63 (3)). 

Under this Act, emergency bush fire hazard reduction work means bush fire hazard 

reduction work carried out to protect persons, property or the environment from an existing 

or imminent danger arising out of a fire. Under Section 100C of the Rural Fires Act 1997 this 

work does not require: 

 

development consent if it was required under Part 4 of the EP&A Act by the relevant 

LEP; or 

assessment and determination under Part 5 of the EP&A . 

However, the works may still require an approval, licence or permit under the NV Act 2003 

or NPW Act 1974 or TSC Act 1995, unless: 

 

 

 

the work is carried out in accordance with a bush fire risk management plan that 

applies to the land 

there is a bush fire hazard reduction certificate in force in respect of the work and the 

work is carried out in accordance with any conditions specified in the certificate; or 

the work is carried out in accordance with the provisions of any bush fire code 

applying to the land specified in the certificate (Section 100C(4) of the Rural Fires Act 

1997). 

Therefore, if Essential Energy is notified by the Bush Fire Co-ordinating Committee to take 

steps to prevent the occurrence of bush fires on, or to minimise the danger of the spread of 

a bush fire on or from, any land vested in or under its control or management, it must take 

the appropriate steps outlined in the notice. 

11.7 Electricity Supply Act 1995 (ES Act) 

Emergency works and vegetation 

If Essential Energy has reasonable cause to believe that a tree situated on any premises: 

 

 

could destroy, damage or interfere with its electricity works, or 

could make its electricity works become a potential cause of bush fire or a potential 

risk to public safety (Section 48(1) of the ES Act 1995). 




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Essential Energy may serve a written notice on the owner or occupier of the premises 

requiring the owner to trim or remove the tree or in an emergency, may, at its own expense, 

trim or remove the tree itself (Sections 48(2) and (3) of the ES Act 1995). 

If the work is not carried out as required by the notice, Essential Energy may carry out the 

work itself and in certain circumstances recover the cost (sections 48(5) and (6) of the ES 

Act 1995). 

Essential Energy does not require development consent under Part 4 of the EP&A Act to 

carry out such works, but may require an approval, licence or permit under other legislation. 

Section 48 of the ES Act 1995 does not apply to any tree, shrub or plant that is the subject 

of or is within an area that is the subject of: 

 

an interim heritage order, or a listing on the State Heritage Register, under the 

Heritage Act 

an order in force under section 136 of the Heritage Act 1977 

an interim protection order under the NPW Act 1974 

 

a protection conferred by any similar law 

a national park or nature reserve within the meaning of the NPW Act 1974 

 

land that is reserved or zoned for environmental protection purposes under the EP&A 

Act 1979 

a public reserve within the meaning of the LG Act 1993 (Sections 48(7) and (9)). 

11.8 Fisheries Management Act 1994 

The Fisheries Management (FM) Act contains a range of licensing and permit requirements 

for certain activities. 

Essential Energy holds a Fisheries Permit to clear mangroves and other marine vegetation in 

a protected area under section 205 of Division 4 of Part 7 the FM Act 1994. Any clearing of 

marine vegetation in a protected area must therefore be carried out in accordance with the 

terms and requirements of this permit. If the clearing is not undertaken in accordance with 

Essential Energy’s Fisheries Permit, a Vegetation Control Officer (VCO) or Design Project 

Manager must consult with and obtain formal approval from the relevant officer of the 

Department of Industry and Investment (II). 

Some dredging and reclamation works require a permit under the FM Act. However, section 

201 of the FM Act provides that a person may carry out dredging or reclamation work which 

is carried out, or authorised by, Essential Energy, as a relevant public authority (other than 

a local government authority), without a permit. 

Section 199 of Division 3 of Part 7 of the FM Act provides that Essential Energy, as a public 

authority, may carry out dredging or reclamation work upon giving notice of the work to the 

Minister and considering any matters raised by the Minister within 28 days after giving the 

notice (or such other period as is agreed with the Minister). Then where Essential Energy 

proposes to carry out or authorise the work despite any matter raised by the Minister, the 

public authority must notify the Minister of the work and the Minister may refer any dispute 

to the Minister responsible for Essential Energy within 14 days after being so notified, and if 

the dispute cannot be resolved by those Ministers, the dispute must be referred to the 

Premier for resolution. 




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11.9 EIA previously conducted 

In certain circumstances Essential Energy, particularly in its role as Determining Authority 

(Sections 111 and 112 of the EP&A Act) does not need to consider the environmental 

impact of an activity. These circumstances include: 

 

 

 

a modification of an activity, whose environmental impact has already been 

considered, that will reduce its overall environmental impact 

a routine activity, such as the maintenance of infrastructure, that the Minister 

determines has a low environmental impact and that is carried out in accordance with 

a code approved by the Minister (a code is not yet in place for Essential Energy’s 

routine activities) 

an activity or part of an activity that has been approved, or is to be carried out, by 

another Determining Authority after environmental assessment in accordance with the 

EP&A Act. 

12 OTHER APPROVALS AND ASSESSMENTS THAT MAY BE 

REQUIRED 

Other assessments and approvals, in addition to Part 4 development consent and Part 5 

approval, may be required before a proposed activity can proceed. It is essential for 

Essential Energy to satisfy itself that all required approvals, licences and permits under 

Federal and State environmental legislation have been applied for and obtained before work 

commences in order to avoid prosecution. It is important that these approvals, licences and 

permits are considered early in the planning process and thereby form an integral part of 

the EIA process. 

12.1 What Other Approvals and Licences May be Required? 

Essential Energy currently holds several licences, including the following: 

 

 

 

 

 

Licence No. 3925 – Sewerage Treatment – processing by small plants 

Licence No. 5067 – Sewerage Treatment – processing by small plants 

Licence No. 5557 – Miscellaneous Licenced Discharge to Waters 

Telecommunications licence 

Pipelines Licence No. 28 for 64km of pipeline from IIIabo to Tumut. 

Depending on the type of activity proposed and its affect on the environment, one or more 

of the approvals listed below may be required (see following Table): 




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Table 1 

- Other Approvals Required Under the EP&A ACT 

Issue 

Approval 

Approval 

Body 

Act 

Section 

Aboriginal 

Heritage 

Consent to destroy, deface or damage 

or cause or permit the destruction or 

defacement of or damage to, a relic or 

Aboriginal place 

DECCW 

National 

Parks and 

Wildlife Act 

1974 

Sec. 90 

Bushfires 

Authorisation under Section 100B in 

respect of bush fire safety of bush fire 

prone land that could lawfully be used 

for residential or rural residential 

purposes or development of bush fire 

prone land for special fire protection 

purposes 

Commissioner 

of NSW Rural 

Fire Service 

Rural Fires 

Act 1997 

Sec. 100B 

Clearing 

Development consent to carry out 

clearing of native vegetation (defined 

to include cutting down, thinning, 

removing, ringbarking, poisoning, 

uprooting or burning and also includes 

severing or lopping branches). 

DECCW, Local 

Council 

Native 

Vegetation 

Act 2003, 

Council TPO 

Sec.s 12 

Crown Land 

Permit to enclose wholly or in part 

any road or watercourse by which 

land is traversed or bounded. 

Department of 

Lands 

Crown Lands 

Act 1989 

Sec. 61 

Dangerous 

Goods 

Complete a 'notification of dangerous 

goods on premises form' and lodge it 

with WorkCover if dangerous goods 

exceed the 'manifest quantity'. 

Licence for demolition or asbestos 

removal work. 

WorkCover 

Occupational 

Health and 

Safety 

Regulation 

2001 

Cl.s 

174ZS 

and 318 

and 

schedule 

5. 

Environment protection licence to 

authorise carrying out of scheduled 

development work at any premises. 

Sec.s 

43(a), 47 

and 55 

Emissions To 

Air, Water, 

Land 

Environment protection licence to 

authorise carrying out of scheduled 

activities at any premises. 

Environment protection licences to 

authorise the carrying out of 

scheduled activities not relating to 

premises. 

DECCW 

Protection of 

the 

Environment 

Operations 

Act 1997 

Sec.s 

43(b), 48 

and 55 

Sec.s 

43(c) 49 

and 55 

Environment protection licences to 

control carrying out of non-scheduled 

activities for the purposes of 

regulating water pollution resulting 

from activity. 

Sec.s 

43(d), 55 

and 122 




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Issue 

Approval 

Approval 

Body 

Act 

Section 

Forestry 

Royalties payable to the Forestry 

Commission and appropriate licence 

required if Essential Energy removes 

or lops trees from ‘Crown-timber 

lands’. ‘Crown-timber lands’ include 

public roads, which are declared by 

the Minister to be ‘Crown roads’ under 

the Roads Act 1993. 

State Forests 

Forestry Act 

1916 (also 

see Crown 

Lands Act 

1989 and 

Roads Act 

1993) 

Sec.s 27, 

27A, 27B, 

27C, 27G, 

30A, 30H 

Aquaculture permit. s 144 

Permit to carry out dredging or 

reclamation work. 

s 201 

Permit to cut, remove damage or 

destroy marine vegetation on public 

land or an aquaculture lease, or on 

the foreshore of any such land. 

s 205 

Fisheries 

Permit to: 

II (Fisheries) 

FM Act 

 

Set a net, netting or other 

material 

 

 

Construct or alter a dam, 

floodgate, causeway or weir 

Otherwise create an 

obstruction 

s 219 

 

Across or within a bay, inlet, 

river or creek, or across or 

around a flat. 




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Operators of a natural gas network 

must hold a ‘Reticulator's 

Authorisation’. 

Suppliers of natural gas by a 

distribution pipeline must hold a 

‘Supplier’s Authorisation’. 

A ‘Distributor's Licence’ is required for 

the operators of gas networks that 

convey gases other than natural gas. 

Gas 

Erection, installation, extension, 

alteration, maintenance and removal 

of gas works can be carried out by a 

network operator, particularly on 

public roads. This work is exempt 

from approvals under the LGA Act 

1993 except in relation to buildings 

(Section 47 of the Gas Supply Act 

1996). 

There are, however, requirements for 

notification and consideration of 

submissions in relation to such work, 

unless it is for routine connections, 

repairs or maintenance work (Section 

47(4)). This work is also generally 

exempt from the requirements of the 

EP&A Act by virtue of Section 40 of 

the Pipelines Act 1967. 

Minister for 

Energy 

Gas Supply 

Act 1996 

Sec.s 5, 

6, 7, 34, 

35, 36 

and 47 

Note: Part 5 of the EP&A Act applies 

to permits required under Section 

8(3) of the Pipelines Act 1967 unless 

the pipeline has been licenced). The 

network operator can carry out the 

work following notice to Council and 

consideration of any submissions that 

are made. Certain works may also not 

require consent by virtue of the Model 

Provisions. 




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Approval in respect of the doing or 

carrying out of any of the following 

referred to in s 57(1) affecting an 

item on the Interim Heritage Order or 

on the State Heritage Register: 

Demolish the building or work. 

Damage or despoil the place, precinct 

or land, or any part of the place, 

precinct or land. 

Move, damage or destroy the relic or 

moveable object. 

Heritage 

Excavate any land for the purpose of 

exposing or moving the relic. 

Carry out any development in relation 

to the land on which the building, 

work or relic is situated, the land that 

comprises the place, or land within 

the precinct. 

Heritage 

Council, Local 

Council 

Heritage Act 

1977 

Sec. 58 

Alter the building, work, relic or 

moveable object. 

Display any notice or advertisement 

on the place, building, work, relic, 

moveable object or land, or in the 

precinct. 

Damage or destroy any tree or other 

vegetation on or remove any tree or 

other vegetation from the place, 

precinct or land. 

Mine 

Subsidence 

Approval to alter or erect 

improvements within a mine 

subsidence district to subdivide land 

therein 

Mine 

Subsidence 

Board 

Mine 

Subsidence 

Compensation 

Act 1961 

Sec. 15 




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Issue 

Approval 

Approval 

Body 

Act 

Section 

Licence to allow construction, alteration 

or reconstruction of a pipeline. 

Note 1: Permit may be obtained if 

required to enter onto land and 

determine the route for the pipeline. 

Part 5 of the EP&A Act applies to and in 

respect of the granting of a permit. You 

can also apply for an authority to survey 

to enter land to investigate possible 

routes for a pipeline. 

Pipelines 

Note 2: Under Section 5 of the Act: 

Not all pipelines are required to be 

licenced and these include, but are not 

limited to: 

A pipeline constructed or to be 

constructed under another Act, such as 

the Gas Supply Act 1996, or the 

Petroleum (Onshore) Act 1991. 


constructed by a public authority. 


constructed on land and for residential, 

business, commercial or individual 

purposes used solely for those purposes 

and situated wholly within the 

boundaries of the land. 


constructed for the purpose of draining 

or irrigating land. 

A pipeline of the prescribed class 

constructed or to be constructed for the 

conveyance of dangerous goods within 

the meaning of the Dangerous Goods Act 

1975. 

Any pipeline so determined by the 

Minister for Energy not to be a pipeline 

as prescribed under the Pipeline Act 

1967. 

Minister for 


Pipelines Act 

1967 

Sec. 11 

and 12 

Permit can be applied to construct a 

pipeline. This involves submitting a 

proposal for the construction of the 

pipeline and applying for a permit to 

enter lands for the purpose of 

determining the route of the proposed 

pipeline, the situation of any proposed 

apparatus or works and the lands (if 

any) to be used for the purpose of 

gaining access to the proposed pipeline 

and any proposed apparatus or works. 

Part 5 of the EP&A Act will be taken into 

account by the Minister in assessing such 

applications unless the pipeline is 

licensed under Section 5A. 




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Issue 

Approval 

Approval 

Body 

Act 

Section 

Radiation 

License to possess, use, sell or give 

away radioactive substances, ionising 

radiation apparatus and certain nonionising 

radiation apparatus 

Environment 

Protection 

Authority 

Radiation 

Control Act 

1990 

Sec. 6 

Threatened 

Species 

License to harm or pick threatened 

species, populations or ecological 

communities or damage habitat 

DECCW/II 

(Fisheries) 

Threatened 

Species 

Conservation 

Act 1995 

and FM Act 

Sec. 91 of 

TSC Act 

Div 6 of 

Pt 7A of 

FM Act 

Work that affects a water course subject 

of a water sharing plan under the Water 

Management Act 2000 being: 

Water 

Water use approval (to use water for a 

particular purpose at a particular 

location) 

Water management work approval 

(being water supply work approvals, 

drainage work approvals and flood work 

approvals) to carry out those activities at 

a specified location 

DECCW 

Water 

Management 

Act 2000 

Sec. 89 

Sec. 90 

Activity approval (being for a controlled 

activity or aquifer interference approval) 

conferring on the holder a right to carry 

out a specified activity at a specified 

location 

Sec. 91 

Wild Rivers 

A person cannot to carry out 

development in relation to a ‘wild river’ 

unless it has consulted with, and 

considered advice by, the Minister 

A ‘wild river’ is a river declared to be a 

wild river under the National Parks and 

Wildlife Act 1974 

DECCW 

National 

Parks and 

Wildlife Act 

1974 

Sec. 61A 

Works 

Near/On 

Water 

Permit to cut, remove damage or 

destroy marine vegetation on public land 

or an aquaculture lease, or on the 

foreshore of any such land 

Minister for 

Primary 

Industries 

Fisheries 

Management 

Act 1994 

Sec. 205 




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Issue 

Approval 

Approval 

Body 

Act 

Section 

Permit to: 

Set a net, netting or other material 

Construct or alter a dam, floodgate, 

causeway or weir 

Otherwise create an obstruction, across 

or within a bay, inlet, river or creek, or 

across or around a flat 

Minister for 

Primary 

Industries 

Sec. 219 

Approval and concurrence from the RTA 

as well as the relevant Council may be 

required to: 

Erect a structure or carry out a work in, 

on or over a public road 

Dig up or disturb the surface of a public 

road 

Works On 

Roads 

Remove or interfere with a structure, 

work or tree on a public road 

Pump water into a public road from any 

land adjoining the road 

Council or 

RTA 

Roads Act 

1993 

Sec. 138 

Connect a road, whether public or 

private, to a classified road 

Approval is not required where work is 

in, on or over an ‘unclassified road’ 

(other than a Crown Road) under the 

Roads Act and pursuant to Essential 

Energy’s functions as a public authority 

(Item 5 Schedule 2 of the Roads Act) 

Matters of 

National 

Environmental 

Significance 

Approval to carry out work that is likely 

to have a significant effect on the 

following: 

World Heritage properties 

National Heritage places 

RAMSAR Wetlands 

Listed threatened species and ecological 

communities 

Listed migratory species 

DEWHA 

Environment 

Protection 

and 

Conservation 

of 

Biodiversity 

Act 1999 

(Cth) 

Div. 1 of 

Part 3 

Commonwealth marine areas 

Nuclear actions 




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13 ESSENTIAL ENERGY’S EIA CHECKLIST 

This Section of the Guidelines provides information on when and how to undertake an 

environmental assessment and obtain environmental approval in accordance with Part 5 of 

the EP&A Actusing Essential Energy’s’ 

 

CEFD6024 - Environmental Impact Assessment Checklist 

13.1 Assessing Environmental Impact using the EIA Checklist (CEFD6024) 

In assessing the environmental impacts of a proposed activity under Part 5 of the EP&A Act, 

Essential Energy must comprehensively examine whether the proposed activity is ’likely to 

significantly affect the environment‘ (Sections 111 and 112 of the EP&A Act, clause 228 of 

the EP&A Regulations 2000, relevant guidelines). Further information and relevant 

documents can be found online at the following locations: 

EP&A Act and EP&A Regulation 2000: 

 

 

www.legislation.nsw.gov.au 

DoP’s guidelines ‘Is an EIS required?’: 

www.planning.nsw.gov.au/assessingdev/pdf/gu_isaneisrequired.pdf 

DECCW’s “Interim Community Guidelines for Community Consultation”: 

www.nationalparks.nsw.gov.au/PDFs/interim_consulation_guidelines.pdf 

The EIA Checklist should only be used where: 

 

 

 

The activities and locations fall within Part 5 of the EP&A Act; AND 

The works are likely to have minor and predictable environmental impacts; AND 

The works are carried out by, on behalf or for, the approval of Essential Energy. 

If in determining the appropriate assessment, the Determining Officer has any uncertainty, 

then, following referral to their immediate supervisor, further assessment may be required 

in the form of: 

 

 

 

expert advice from a Qualified Consultant with respect to a specific component of the 

project (such as cultural heritage or threatened species); OR 

the preparation of a more detailed REF by a Qualified Consultant; OR 

a SIS or part 3A application. 

Where the impacts are demonstrated by the EIA Checklist to be minor and predictable, no 

additional documentation (eg. a more detailed REF prepared by a Qualified Consultant) is 

needed to demonstrate compliance with the requirements of the EP&A Act. However, other 

approvals, licences or permits may still be required before undertaking the activity. 

Activities that are likely to significantly affect threatened species, populations or ecological 

communities, or their habitats, or are carried out on land which contains areas declared to 

be critical habitat will require a SIS. Section 5A of the EP&A Act sets out factors to be 

considered in deciding whether an SIS is needed. Where the impacts are obviously very 

significant, Essential Energy may decide that an EIS should be prepared without proceeding 

through the assessment process. In such instances, the activity will be dealt with under 

Part 3A of the EP&A Act. 




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In assessing the activity (either by a Determining Officer or ASP using the EIA Checklist or 

through a more detailed REF prepared by a Qualified Consultant) Essential Energy should 

consider the principles of ’Ecologically Sustainable Development‘, in particular 

the ’precautionary principle‘, and be careful to properly identify and consider the proposed 

mitigation measures in assessing the activity. 

13.2 EIA Checklist – Evaluation Framework 

The EIA Checklist is divided into two parts (Part A and Part B). Part A is an EIA Screening 

process and comprises of a number of questions to ascertain whether an EIA is needed for 

the proposed development or activity. This part of the Checklist determines whether the 

proposed activity is to be considered under Part 5 of the EP&A Act or whether it could be 

considered Exempt Development. Appropriate notification for Local Council and other State 

or Public Authorities is detailed. 

Part B is a Review of Environmental Factors (REF) and should be used once Part A has 

confirmed that the proposed activity require a Part 5 assessment under the EP&A Act. 

There are several evaluation steps in this part of the EIA Checklist to determine the likely 

environmental effects associated with the proposed activity. 

Steps in the EIA Checklist 

PART A – EIA Screening 

STEP 1 

STEP 2 

STEP 3 

STEP 4 

STEP 5 

STEP 6 

Documenting details of the proposed works 

Determining which part of the Planning Process applies to the proposed works 

Determining whether an EIA is necessary 

Establishing whether the proposed works are Exempt Development 

Verifying that appropriate notification for the Exempt Development has been given 

Legal Sign off by Determining Officer – PART A 

PART B - Review of Environmental Factors 

STEP 7 

Describing proposed works, receiving environment and assessing community 

impact (TABLE 1) 

STEP 8 Determining what approvals, licences or permits are required (TABLE 2) 

STEP 9 Identifying other environmental impact issues (TABLE 3) 

STEP 10 Describing potential impacts & causes (TABLE 4) 

STEP 11 Identifying any project specific control measures (TABLE 4) 

STEP 12 Rating the likelihood of the impact occurring (TABLE 4) 

STEP 13 Rating the extent of the potential impacts (TABLE 4) 

STEP 14 Rating the sensitivity of the environment to the potential impacts (TABLE 4) 

STEP 15 Quantifying the Environmental Score of each potential impact (TABLE 4) 

STEP 16 

Identifying other Essential Energy policies that may be relevant to the project 

(TABLE 4A) 

STEP 17 Determining the overall environmental impact of the proposed works (TABLE 5) 

STEP 18 Official Sign-Off – PART B (TABLE 5) 




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STEP 1 - Documenting details of the proposed works 

A thorough description of the details of the project is required, including the project number, 

name and location, whom the assessment is being compiled by, the date and any proposed 

mitigation measures to be included within the proposal. Vegetation maintenance works 

should state whether vegetation is native, RAMA, under a Rural Fire Services Notice or 

subject to emergency works. 

It is also important to identify whether the site of the proposed activity is owned by 

Essential Energy or by another party as access consent may need to be obtained before 

undertaking the works. Where the land is owned or managed by a government authority, 

additional consent or approval requirements may also apply and should be noted. 

STEP 2 - Determining which part of the Planning Process applies to the proposed 

works 

Step 2 questions determine which part of the planning and development approval process 

applies to the proposed works or activity. Projects are screened to filter out those projects 

that are considered major infrastructural projects or to be of ‘State significance’(‘Major 

Projects’ – need to be determined through Part 3A of EP&A Act) and those projects that are 

identified as requiring a Development Application (DA) (‘development with consent’ - need 

to be determined through Part 4 of the Act). 

Question 3 asks if Part 5 of the EP&A Act applies to the proposed development. If the 

answer to this question is an unequivocal ‘yes’ then the proponent should sign the form and 

skip the following few steps and go to Part B of the form where a Review of Environmental 

Factors REF) should be completed. If the proponent is unsure whether the proposed 

development requires Part 5 assessment or thinks that the Part 5 assessment does not 

apply (i.e. because the proposed project is ‘exempt development’ whether exempt pursuant 

to the EP&A Act, the Native Vegetation Act or the Infrastructure SEPP 2007), continue 

answering all of the questions and completing all the steps of Part A of the Checklist. 

STEP 3 - Determining whether an EIA is necessary 

Once it has been established that the proposed works are not categorised as Part 3A or Part 

4 development under the EP&A Act, it is necessary to check whether the proposed works 

are considered Exempt Development. It is important to note that even if the proposed 

development is confirmed as Exempt Development it is merely exempt from environmental 

assessment and is not exempt from the provisions of the Threatened Species Conservation 

Act 1995 (TSC Act) or the Fisheries Management Act 1994 (FMA) or the provisions of most 

of the conservation SEPPs The NSW Heritage Act 1977 and the Environment Protection and 

Biodiversity Conservation Act 1999 (EPBC Act) must also be reviewed to determine if the 

exempt development complies. 

If a licence, permit or authorisation from another State or Public Authority is required a 

review of environmental factors (REF) is required at Part B of the EIA Checklist form. 

Question 8 of Step 3 asks if there are any previous environmental studies or existing 

mitigation measures associated with the site of the proposed works. If a REF has previously 

been prepared in respect of the proposed activity (eg. vegetation maintenance) and 

Essential Energy has approved the REF under Part 5 of the EP&A Act, then the following 

points should be considered 

 

If the study or REF is less than 5 years old, a further Part 5 assessment may not be 

required and Essential Energy may be able to undertake the proposed activity in 

accordance with the existing assessment. 




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If the study or REF is less than 5 years old, it may provide key details in terms of 

licences, approvals and permits that are in place and the terms and conditions of 

these licences, approvals and permits will need to be complied with for the current 

proposed activity 

If the study or REF is more than 5 years old, it is likely that a new REF under Part 5 of 

the EP&A Act will need to be undertaken. If this is the case then Part B of the EIA 

Checklist will need to be completed. 

The Essential Energy employee or contractor completing the EIA Checklist should consult 

with their immediate supervisor, or the Qualified Consultant who prepared the pre-existing 

REF, if there are any uncertainties in respect of this issue. 

STEP 4 - Establishing whether the proposed works are Exempt Development 

Environmental assessment is not needed for ‘Exempt Development’ provided that certain 

standards are satisfied. Exempt Development for electricity transmission and distribution 

networks is set out in the Infrastructure SEPP 2007 (www.legislation.nsw.gov.au) (refer to 

Attachment E to CEM 7022.01 which provides a list of the types of exempt development 

under the Infrastructure SEPP). Particular project types are listed in Clause 43 and general 

project types are detailed in Schedule 1 of the Infrastructure SEPP 2007 and may also be 

found in associated standards defined in the Local Council’s LEP. 

Assessment is generally not needed for work which is incidental, ancillary or has already 

been approved and which facilitates existing use. This includes work which is consistent 

with the original purpose for which it was initially lawfully assessed and approved. 

An assessment is usually not needed for routine maintenance and repairs (eg. managing 

trees to maintain safety clearance in accordance with Essential Energy’s policy; replacing 

lamps or poles because they had or were about to fail; termite treatment; building 

maintenance etc). However, some vegetation management works or vegetation safety 

clearance works, if in a sensitive location and not carried out regularly may require 

assessment. The Native Vegetation Act also provides for a number of exemptions that do 

not require Part 5 assessment. To determine whether a Part 5 assessment is required for 

particular vegetation works refer to Attachment F to CEM 7022.01. 

Extensions, upgrades, expansions, and repairs involving deviations in routes, sites, and /or 

functions (eg clearing vegetation where no clearing has previously been done; track works 

beyond the access track; upgrading cables; line diversions; substation upgrades etc) are 

not considered Exempt Development under the Infrastructure SEPP 2007 and do require 

environmental assessment under Part 5 of the EP& A Act. 

An assessment is generally required as a precautionary measure when it is unclear whether 

the environmental impacts are likely to be substantial (eg re-establishing an access track; 

abrasive blasting of steel towers; establishing a temporary material storage area; repairing 

an asset in a particularly sensitive area). 

STEP 5 - Verifying that appropriate notification for the Exempt Development has 

been given 

Notification of works may be required to the Local Council or affected property occupiers or 

owners. Essential Energy is required to consult and notify Local Council or affected property 

occupiers or owners and must consider whether the proposed works affect any other Public 

Authorities or utilities in the vicinity. 




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Local Council must be given a reasonable opportunity (being not less than 40 days from the 

date on which the notice was given) to make submissions to the network operator in 

relation to the proposal. Essential Energy must give due consideration to any submissions 

so made (section 45(4) of the ES Act 1995). (Note: this does not apply to routine repairs or 

maintenance work (section 45(4)); or emergency works (section 45(5) of the ES Act 1995). 

It is very important to identify the key stakeholders who should be consulted regarding 

proposed activities (eg. vegetation maintenance). Key stakeholders may include 

Government authorities such as II , DECCW, DoP, Lands, Local Council or the local CMA or 

interested or potentially affected members of the community. Community consultation is 

particularly important where the impacts of a proposed activity are likely to be significant 

and controversial. 

STEP 6 - Legal Sign off by Accredited Service Provider (ASP) or Essential Energy 

Officer – PART A 

The purpose of the sign off of Part A of the EIA Checklist form is to provide a continuous 

record of accountability. The ASP or Essential Energy Officer must certify to the best of 

his/her knowledge, that the proposed works involve only minimal impact on the 

environment and do not require a Review of Environmental Factors at Part B of the form. 

Recommendations should be made if the proposed activity has provided a response to any 

requirement for notification and consultation and if the proposed project can proceed 

(subject to those relevant requirements). 

Given section 153A of the EP&A Act, only Part A (Screening) may be signed off without 

further consideration of particular delegations. Part B (REF) must be signed off by a 

Essential Energy Determining Officer. 

STEP 7 - Describing proposed works, receiving environment and assessing 

community impact (TABLE 1) 

For those activities that are determined to require assessment under Part 5 of the EP&A Act 

it is necessary to describe the activity and the receiving environment and assess the 

community impact. 

A description of those activities of the project that are being assessed under Part 5 of the 

EP&A Act is required. The description should include all of the activities to be assessed 

including ancillary works such as earth works, fencing, and land clearing and include all 

mitigation measures. It should also include future activities such as operation of the 

network, maintenance, access track usage, tree trimming, and termite treatment. 

Ownership of the relevant land (noting whether Essential Energy owns the land, easements 

will be required for works, access will be required or native title issues are likely) should be 

noted. 

A description of the environmental characteristics relevant to the potential impacts of the 

activity is required with details depending on the type of activity (eg. water bodies and 

drainage systems, landform, soils, flora and fauna, visual/scenic quality, landscape 

character, land use patterns, zoning provisions, transportation, population, public utilities, 

community services, recreation and tourism, and features of heritage, conservation or 

archaeological value). 




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A justification for the route or site selected for the activity should be included in the 

assessment. The route selected can have important implications on the type of assessment 

or the approvals required. Sufficient information should be provided to enable an insight 

into why that particular location or route was chosen and whether any other sites should be 

or have been considered. 

A statement regarding the likely level of community interest in the proposal is required. In 

assessing the importance of public interest in an activity, consideration must be given to the 

level of information available, the extent of the changes and the experience of the 

community with previous similar activities. Community consultation should be carried out if 

there is likely to be public concern. The likelihood for public concern is increased when 

impacts threaten or are perceived to threaten public health or amenity. 

It may be necessary at this stage to modify the activity to mitigate or eliminate 

environmental impacts (perhaps following expert advice from a Qualified Consultant). It is 

important that any modifications are checked against all relevant EPIs to ensure that the 

EIA Checklist still applies. It is also important to ensure that if an activity is modified, the 

EIA Checklist is reapplied to the modified activity. 

Projects with a MODERATE or HIGH community impact must be escalated to the next level 

of Determining Officer, who will determine whether expert advice should be sought from a 

Qualified Consultant for a specific issue or a more detailed REF or whether further 

assessment through an SIS is required (remember that if Essential Energy determines that 

an EIS is required the activity will be dealt with under Part 3A of the EP&A Act). If the 

Determining Officer or ASP has any uncertainty with respect to this aspect of the 

assessment, that Determining Officer or ASP should consult with immediate supervisors. 

Refer to Essential Energy’s delegations table (Attachment D) for details on EIA 

responsibilities. 

STEP 8 - Determining what approvals, licences or permits are required (TABLE 2) 

The Infrastructure SEPP 2007 requires Essential Energy to notify and consult with the local 

council and occupiers of adjoining land for certain projects. Further, the Infrastructure SEPP 

2007 makes it clear that Essential Energy must follow these requirements before it is able 

to make a determination for project approval. Failure to do so may mean that Essential 

Energy is stopped from undertaking the project by a third party seeking enforcement of 

notification and consultation requirements. 

EIA under Part 5 of the EP&A Act does not remove the need to obtain other approvals, 

licences and permits that may be required under Federal and State environmental laws. 

Where the Part 5 activity requires approval from another Public Authority (Determining 

Authority), that Public Authority has the responsibility for deciding if, by granting its 

approval, the activity is likely to significantly affect the environment. The other Public 

Authority may require information in addition to that contained in the EIA Checklist. 

It is the responsibility of the Determining Officer or ASP to identify and obtain all necessary 

approvals. Where the Determining Officer or ASP has ticked any Yes box in Table 2 of 

the EIA Checklist, the Determining Officer or ASP must either: 

 

 

Attach a copy of notice given to a Council or the occupiers of adjoining land (if any 

required), AND 

Attach a copy of the approval, licence or permit to the EIA Checklist which is kept in 

the project file; OR 




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Detail who is responsible for obtaining the approval, licence or permit; OR 

Explain why an approval, licence or permit is not necessary and refer to/detail any 

enquiries that have been made in this regard. 

If a Determining Officer or ASP ticks any Yes in Table 2, then that Determining Officer or 

ASP should carefully complete Table 4 and if the Project has any MEDIUM (6 > 9) or HIGH 

Environmental Scores (>10) refer the assessment to an appropriate supervisor, or in the 

case of a Group General Manager to the Safety and Environment Committee. 

If a Determining Officer or ASP has any uncertainty with respect to this aspect of the 

assessment, that Determining Officer or ASP should consult with any immediate supervisor 

prior to escalating the assessment to the next level of Determining Officer. 



STEP 9 - Identifying other environmental impact issues (TABLE 3) 

The characteristics of the existing or receiving environment are necessary to determine the 

potential for an activity to be carried out in a location without resulting in unacceptable 

impacts. EIA Checklist Table 3 will assist in identifying most environmental constraints 

associated with the sensitivity of the location. The outcome should be a description of all 

sensitive areas and other environmental issues sufficient to be able to determine constraints 

and define the sensitivity of the environment relevant to the potential impacts. 

If a Determining Officer or ASP ticks any Yes in Table 3, then that Determining Officer or 

ASP should carefully complete Table 4 and if the Project has any MEDIUM (6 > 9) or HIGH 

Environmental Scores (>10) refer the assessment to an appropriate supervisor, or in the 

case of a Group General Manager to the Safety and Environment Committee. 

If a Determining Officer or ASP has any uncertainty with respect to this aspect of the 

assessment, that Determining Officer or ASP should consult with any immediate supervisor 

prior to escalating the assessment to the next level of Determining Officer. 



STEP 10 - Describing potential impacts & causes (TABLE 4) 

It is important firstly to identify all potential impacts as a result of the project prior to the 

implementation of any Mitigation or Control Measures. The identified potential impacts 

must be sufficiently exhaustive to provide the basis for determining the environmental 

impacts and associated control measures for the project and hence the project’s overall 

environmental impact. 

Step 10 should result in a description of the potential impacts associated with the project 

prior to the identification of mitigation or control measures. 

STEP 11 - Identifying any project specific control measures (TABLE 4) 

This step involves the development and description of suitable Mitigation or Control 

Measures that are part of the project for managing and controlling the potential impacts 

identified in STEP 10. The mitigation measures will include generic control measures 

outlined in the Project Safety and Environment Plan (CEPG5041) and will also include those 

developed specifically for the project (project specific control measures). 




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The control measures must be sufficient to mitigate the potential impacts to a level that 

ensures that the potential impacts (and thus the ultimate environmental impacts) will be 

minor and predictable. If this is not possible then the project must be escalated to the next 

level of Determining Officer to consider whether further assessment will be required (i.e. 

expert advice from a Qualified Consultant with respect to a specific component of the 

project or preparation of a more detailed REF or SIS or EIS). 

It may be necessary at this stage to modify the activity to mitigate or eliminate 

obvious environmental impacts. If control measures are identified which change 

the route or site selection, then you should go back to STEP 7 and reapply the EIA 

Checklist to the modified activity. It is important that any modifications are 

checked against all relevant EPIs to ensure that the EIA Checklist still applies. 

Step 11 should result in practical and effective control measures sufficient to mitigate the 

potential impacts to a level which ensures the impacts will be minor and predictable (see 

STEP 15). 

STEP 12 - Rating the likelihood of the impact occurring (TABLE 4) 

For each potential impact, the likelihood of the impact is rated taking into consideration 

the control measures identified in STEP 11. The choice of ratings is: 

Not likely to occur (SCORE 1) 

Would not be surprised if it occurred (SCORE 2), or 

Will occur (SCORE 3). 

A rating of the level of likelihood for each potential impact should be recorded in Table 4. 

STEP 13 - Rating the extent of the potential impacts (TABLE 4) 

For each potential impact, the extent of the impacts is rated taking into consideration the 

control measures identified in STEP 11. In rating the extent of the impact, consideration 

should be given to its magnitude, intensity, scope and duration. Potential impacts with a 

high degree of uncertainty should be ranked as ‘HIGH’. 

The choice of ratings is: 

Low (SCORE 1) 

 

Medium (SCORE 2), or 

High (SCORE 3). 

The following table provides some examples that can be used as a guide for selecting the 

choice of rating. However, each impact will need to be assessed on a case-by-case basis 

and discretion and common sense should always prevail. 

A rating of the extent of each potential impact should be recorded in Table 4. 




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Table 1 - Examples of impacts which could be considered HIGH in extent 

Vegetation clearing beyond the buffer distances specified under the NV Regulations 

or the removal of low growing native groundcover– FLORA AND FAUNA impacts 

Disturbing large areas of land (>250m² of soil) – AIR AND WATER impacts 

Spilling 200L of oil into waterway, drain etc. – WATER impacts 

Continually exceeding DECCW noise guidelines (eg operational noise) – NOISE 

impacts 

Handling more than 10 tonnes of ‘contaminated’ soil - LAND CONTAMINATION AND 

WASTE impacts 

Preventing access along major transport corridors (eg. Roads with greater than 

20,000 Annual Average Daily Traffic, railways etc.) – LAND USE AND TRANSPORT 

impacts 

Shareholder dissatisfaction and media coverage of concerned group of residents – 

SOCIAL impacts 

 

 

 

Exceeding NHMRC EMF exposure limits – SOCIAL impacts 

Erecting more than 500m of overhead powerlines – VISUAL impacts 

Affecting a heritage item (as defined by EPI) – HERITAGE impacts 




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STEP 14 - Rating the sensitivity of the environment to the potential impacts 

(TABLE 4) 

For each potential impact, the sensitivity of the environment is rated taking into 

consideration the control measures identified in STEP 11. In rating the sensitivity, 

consideration should be given to the ability of the environment to cope with the impacts, 

how easily the effects of the impacts can be reversed, established performance standards 

and whether there is likely to be a high level of public concern. Impacts and environments 

with a high degree of uncertainty should be ranked as ‘HIGH’. 

The choice of ratings is: 

Low (SCORE 1) 

Medium (SCORE 2), or 

High (SCORE 3). 

The following Table provides some examples that can be used as a guide for selecting the 

choice of rating. However, each impact will need to be assessed on a case-by-case basis 

and discretion and common sense should always prevail. 

Table 2 - Examples of environments which could be considered HIGH in 

sensitivity to the potential impacts 

 

 

 

 

 

 

 

 

Child care centres, schools, residential areas etc. – SOCIAL impacts 

Koala habitat, endangered species, National Parks etc. – FLORA impacts 

Major transport corridors, restaurants etc. – LAND USE AND TRANSPORT 

Scenic conservation areas, heritage areas, tourist areas etc. – VISUAL impacts 

Hospitals, schools, restaurants etc. - NOISE impacts 

Exposure to people, residential areas etc. – LAND CONTAMINATION AND WASTE 

impacts 

Hospitals, schools, restaurants etc. – AIR impacts 

Aquatic reserves, wetlands etc. –WATER impacts 

STEP 15 - Quantifying the Environmental Score of each potential impact (TABLE 4) 

The Environmental Score is calculated by multiplying the Likelihood of the impact 

occurring by the Extent of the impact by the Sensitivity of the environment to the impact 

(i.e. Environmental Score = LIKELIHOOD x EXTENT x SENSITIVITY). The possible 

outcomes are: LOW (1 - 4), MEDIUM (5 - 9) or HIGH (12 - 27). 

Example: If the Likelihood of the potential impact is ‘Not Likely to Occur’ (Score 1), the 

Extent of the potential impact is ‘Medium’ (Score 2) and the Sensitivity of the 

environment to the potential impact is ‘High’ (Score 3) then the ENVIRONMENTAL SCORE is 

‘Medium’ (1 x 2 x 3 = 6). 

The Environmental Score will enable the Determining Officer or ASP to determine the 

environmental impact of each potential impact. The process was developed to ensure 

predictability and traceability, however, it is the responsibility of the Determining Officer or 

ASP to accept that the Environmental Score is ‘reasonable’. Discretion and common sense 

should always prevail. 




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STEP 11 - Describe the POTENTIAL IMPACTS 

Potential 

Impact 

Mitigation 

Measures 

Impact 

Environment 

STEP 12 - Describe the ADDITIONAL CONTROL MEASURES 

Potential 

Impact 

Mitigation 

Measures 

Impact 

Environment 

STEP 13 and 14 - Rate the LIKELIHOOD and EXTENT of the POTENTIAL IMPACTS 

STEP 15 - Rate the SENSITIVITY of the POTENTIAL IMPACTS 

Potential 

Impact 

Mitigation 

Measures 

Impact 

Environment 

STEPS 16 and 17 – Determine the ENVIRONMENTAL IMPACT 

Potential 

Impact 

Mitigation 

Measures 

Impact 

Environment 

STEP 16 - Identifying other Essential Energy policies relevant to the project 

(TABLE 4A) 




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The Determining Officer or ASP must also those Essential Energy policies identified in Table 

4A of the EIA Checklist (CEFD6024) that are relevant to the project. These policies may 

contain additional Control Measures to mitigate the Environmental Impacts of the project or 

additional requirements relating to how specific activities that are part of the project, must 

be conducted. 

In addition, Essential Energy officers completing the REF must consider the following 

internal policies, if relevant to the project: 

CECP1023 

CECM1000.01 

CEOF6139 

CEOF6480 

CEOP8008 

CEOP2021 

CEOP2010 


CECM1000.72 

CECM1000.73 

CECM1000.74 

CECM1000.75 

CECM1000.76 

CECM1000.77 

CECM1000.78 

CECM1000.79 

CECM1000.10 

CEOP5041 

CECM1000.71 

Corporate Policy: Environment 

SSHE Manual: Management System Core Components 

Transfer of Responsibility for Second Hand Poles 

Property Contamination Report 

Vegetation Management Plan 

Vegetation: Removing vegetation near Overhead Powerline 

Vegetation Clearing Guidelines for New Power Lines 

Environmental Impact Assessment – NSW 

Air 

Water 

Noise 

Waste 

Land Use 

Flora and Fauna 

Community Consultation and Interaction 

Cultural and Heritage 

Hazardous Materials 

Project Safety and Environment Plan 

Environmental Impact Assessment – QLD 

STEP 17 - Determining the overall environmental impact of the proposed works 

(TABLE 5) 

Using the collated results from STEP 15, the overall Environmental Impact of the 

proposed activity can be determined. If all Environmental Impacts associated with the 

proposal are minor and can be effectively managed, corresponding to LOW to MEDIUM (i.e., 

the Environmental Score is less than 10) and the activity will not have a MODERATE or 

HIGH community impact (refer Table 1), then the proposal can proceed subject to any 

project specific control measures and any other requirements noted. 

If these conditions are not satisfied, then the project must be escalated to the next level of 

Determining Officer who will determine whether expert advice should be sought from a 

Qualified Consultant or whether an SIS or EIS is required. If a Determining Officer has any 

uncertainty with respect to this aspect of the assessment, they should consult with any 

immediate supervisor prior to escalating the assessment to the next level of Determining 

Officer. 

The outcome of Step 17 should be a statement of the level of significance of the impacts 

sufficient to determine whether the project can proceed (subject to the control measures) or 

whether a more comprehensive assessment is required. Irrespective of the mathematics, 

common sense shall prevail. 




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STEP 18 - Official Sign-Off – PART B (TABLE 5) 

The purpose of the sign off form is to provide a continuous record of accountability through 

the planning, assessment and construction phases of the project. 

The Determining Officer or ASP must certify to the best of their knowledge, that the 

assessment meets the requirements of sections 111 and 112 of the EP&A Act, clause 228 of 

the EP&A Regulation 2000 and other relevant guidelines. A recommendation should be 

made that either the proposed activity: 

 

 

 

has provided a response to any requirement for notification and consultation for the 

project, AND 

has minor and predictable impacts and can proceed subject to the requirements of the 

EIA Checklist and any project specific control measures, OR 

should be escalated to the next level of Determining Officer to determine whether: 

o 

o 

o 

expert advice from a Qualified Consultant with respect to a specific issue is 

required; OR 

a more detailed REF should be prepared by a Qualified Consultant; OR 

an SIS should be prepared by a Qualified Consultant (if EIS is required, activity 

to be determined under part 3A of the EP&A Act). 

The Determining Officer or ASP must also certify that: 

 

 

 

he/she is suitably qualified and competent to complete the EIA Checklist, AND 

the assessment has been adequately completed and that the conclusion as to the 

likely overall Environmental Impact of the project is reasonable; AND 

he/she has consulted the immediate supervisor(s) if he/she was uncertain with respect 

to any aspect of the assessment. 

ASPs (and contractors) do not have authority under section 153A of the EP&A Act to 

determine whether a project proceeds. Therefore, where an ASP or contractor undertakes a 

Part 5 assessment by completing the EIA Checklist, or where the Officer who completes the 

Checklist does not have authority to verify the EIA Checklist, an appropriate Determining 

Officer must sign the Checklist and verify that the: 

 

 

 

Determining Officer or ASP is suitably qualified and competent to have completed the 

Checklist, AND 

the assessment has been adequately completed; AND 

the proposed project can proceed subject to relevant requirements. 

Finally: 

CONSTRUCTION WORK MUST NOT COMMENCE UNLESS: 

 

The Determining Officer or ASP has signed the EIA Checklist, verifying that each of the 

steps has been satisfied and no further assessment, investigation, referral to an 

immediate supervisor or escalation to the Determining Officer’s or ASP’s appropriate 

supervisor (or in the case of a Group General Manager, the Safety and Environment 

Committee) is required, AND 




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Where an ASP has completed the EIA Checklist, a suitably qualified Essential Energy 

Determining Officer has signed the Checklist to verify that the assessment has been 

adequately completed, the conclusion as to the likely environmental impact of the 

project is reasonable and the project can proceed subject to the requirements in this 

Manual (CECM1000.70), generic control measures outlined in CEPG5041 – Project 

Safety and Environment Plan and any Project Specific Control Measures if required, 

AND 

All relevant construction personnel are aware of: 

o 

o 

o 

o 

their responsibilities detailed in CECM1000.70 (NSW EIA Manual), CEPG5041 

(Project Safety and Environment Plan) and other relevant Essential Energy 

policies; AND 

the project’s Environmental Impacts in TABLE 4; AND 

the project’s specific Control Measures in TABLE 4; AND 

the project’s environmentally Sensitive Areas in TABLE 3; AND 

o the conditions in any approvals, licences, permits in TABLE 2; AND 

o the project details and likely impact of the project on the community in TABLE 1. 

If any environmental issues are identified or if any Control Measures are required, a copy of 

TABLE 4 from the completed EIA Checklist, detailing Control Measures, MUST be included in 

the construction work pack that is submitted to the Construction Manager for the project. 

If any approvals, licences or permits are required as outlined in TABLE 2 or TABLE 3 then 

copies of these MUST be included in the construction work pack that is submitted to the 

Construction Manager for the project. 

The EIA Checklist can also be generated electronically from within WASP if required and 

stored with the project file. 

The Official Sign-Off acts as a record of accountability for the assessment and the decision 

and compliance with relevant legislation. 




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14 ATTACHMENT A – SUMMARY OF RELEVANT NSW AND 

COMMONWEALTH ENVIRONMENT AND PLANNING 

LEGISLATION 

New South Wales 

Contaminated Land Management Act 1997 

Under section 11 of the Contaminated Land Management Act, if the Environment Protection 

Authority (EPA) has reason to believe that land is contaminated and that the contamination 

is significant enough to warrant regulation, then the EPA may declare the land to be 

‘significantly contaminated land.’ In determining whether a site is significantly contaminated 

land, the EPA must take into account any increase in the risk of harm that arises from the 

current and approved uses of land, as well as referring to the existing guidelines. The EPA is 

required to serve a copy of the notice declaring the land to be ‘significantly contaminated 

land’ on the owner of the land, those persons who the EPA has reason to believe are 

responsible for the significant contamination of the land, the occupier of the land and the 

local authority in relation to the land. 

If such a declaration is made (and notice given), the EPA may, among other things, make 

management orders in respect of the land requiring a person or persons to investigate and 

remediate the contamination. 

In relation to public authorities, section 31 provides that a public authority that is subject to 

an order (whether or not as an appropriate person) must comply with that order. A public 

authority may carry out any requirements of an order by itself or its employees or by 

agents or contractors. 

Under SEPP 55 – Remediation of Land, a consent authority must not grant consent to a DA 

unless it has considered whether the land is contaminated. If the land is contaminated, the 

consent authority must be satisfied that the land is suitable in its contaminated state (or will 

be suitable, after remediation) for the purpose for which it is proposed to be carried out. 

The consent authority must also be satisfied that, if remediation is required, that the land 

will be remediated before the land is used for the purpose. 

It is therefore necessary to consider whether the proposed development or activity is in 

relation to potentially contaminated or contaminated land and to ensure compliance with 

any orders issued by the EPA and any conditions of consent issued by a Council. 

Crown Lands Act 1989 

This Act governs dealings with Crown Land in NSW. The Act limits the type of dealings and 

the manner in which the Crown can deal with Crown Land. However, the Act also provides 

that permits are required to allow a landholder to enclose fully any road or watercourse that 

is Crown Land subject to the payment of rent. Activities must be in accordance with the 

Principles of Crown Land Management that stress the protection of soil, water and other 

environmental values (s11). 

If a road is located on "Crown-timber lands" and Essential Energy plans to remove or lop 

trees from that road, Essential Energy may have to pay royalties to Forests NSW under the 

Forestry Act 1916. "Crown-timber lands" generally include public roads which are declared 

by the Minister to be "Crown roads" under the Roads Act. 

Essential Energy may also require an appropriate licence issued by Forests NSW to remove 

or lop trees from Crown-timber lands. 




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Electricity Supply Act 1995 

If the proposed activity is work connected with the erection, installation, extension, 

alteration, maintenance and removal of electricity works then Essential Energy may be 

exempt from the requirement to obtain approval under the Local Government Act 1993, 

except in relation to buildings. However, no such work, other than routine repairs or 

maintenance work, may be carried out unless notice of the proposal to carry out the work 

has been given to the local council, the local council has been given a reasonable 

opportunity, being not less than 40 days from the date on which the notice was given, to 

make submissions to the network operator in relation to the proposal, and Essential Energy 

has given due consideration to any submissions so made. Refer to Section 45 ES Act 1995. 

If Essential Energy has reasonable cause to believe that a tree situated on any premises 

could destroy, damage or interfere with its electricity works, or could make its electricity 

works become a potential cause of bush fire or a potential risk to public safety then 

Essential Energy may serve a written notice on the owner or occupier of the premises 

requiring the owner to trim or remove the tree, or in an emergency, may, at its own 

expense, trim or remove the tree itself (Section 48 ES Act 1995). 


This Act prescribes a number of offences and requirements for licensing and permits. 

Offences include, but are not limited to, harming any fish or marine vegetation of a 

threatened species, population or ecological community; causing damage to any critical 

habitat; and causing damage to any habitat (other than critical habitat) of a threatened 

species, population or ecological community if it is known that the area concerned is habitat 

of that kind. Various defences are provided for these offences in some circumstances. 

Importantly, it is a defence to these offences if the act constituting the alleged offence 

constitutes the maintenance of public utilities (such as those associated with the 

transmission of electricity, supply of water, gas and electronic communication), being a 

routine agricultural management activity (under section 220ZFA(2)(h) of the FM Act). 

Defences may also available if the act constituting the alleged offence was authorised under 

a permit or licence under the FM Act (Division 4 of Part 7A of the FM Act). It is therefore 

necessary to determine whether the carrying out of a proposed development or activity will 

result in the commission of such offences and to seek the appropriate licences or permits in 

order to avoid prosecution. 

Permits and licences are required for various activities under the FM Act. Essential Energy 

holds a Fisheries Permit to clear mangroves and other marine vegetation in a protected area 

under section 205 of Division 4 of Part 7 the FM Act 1994. Any clearing of marine 

vegetation in a protected area must therefore be carried out in accordance with the terms 

and requirements of this permit. If the clearing is not undertaken in accordance with 

Essential Energy’s Fisheries Permit, a VCO or Design Project Manager must consult with and 

obtain formal approval from the relevant officer of the Department of Industry and 

Investment (II). 

Some dredging and reclamation works require a permit under the FM Act. However, work 

does not require a permit where: 

 

a person carries out the work as authorised by Essential Energy, as a relevant public 

authority (other than a local government authority); 




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Essential Energy, as a public authority, carries out the work. However, Essential 

Energy may only carry out such work upon giving notice of the work to the Minister 

and considering any matters raised by the Minister within 28 days after giving the 

notice (or such other period as is agreed with the Minister). Then where Essential 

Energy proposes to carry out or authorise the work despite any matter raised by the 

Minister, the public authority must notify the Minister of the work and the Minister 

may refer any dispute to the Minister responsible for Essential Energy within 14 days 

after being so notified, and if the dispute cannot be resolved by those Ministers, the 

dispute must be referred to the Premier for resolution. 

Gas Supply Act 1996 

This Act regulates the distribution and supply of natural gas in NSW and requires that any 

person who wishes to distribute or supply natural gas must obtain either a Reticulator’s or 

supplier’s authorisation. It also regulates the distribution of liquefied petroleum gas or any 

other gas, other than natural gas through the requirement to obtain a distributor’s licence. 

A network operator then has specific obligations which are detailed in a series of related 

Regulations under the Act. Irrespective of the type of authorisation or licence, the primary 

obligations for a network operator are to be found within the Gas Supply (Safety 

Management) Regulation 2002. 

Erection, installation, extension, alteration, maintenance and removal of gas works can be 

carried out by a network operator. This work is exempt from approvals under the LGA Act 

1993 except in relation to buildings and on a ‘public road’. There are, however, 

requirements for notification and consideration of submissions in relation to such work, 

unless it is routine connections, repairs or maintenance work. This work is also exempt 

from the requirements of the EP&A Act 1979 by virtue of Section 40 of the Pipelines Act 

1967. There are also exemptions for the requirement for consent available through the 

Infrastructure SEPP 2007. 


If an interim heritage order applies to a place, building, work, relic, moveable object, 

precinct or land affected by the proposed development or activity, or if that place, building, 

work, relic, moveable object, precinct or land is listed on the State Heritage Register, then 

there are a number of activities that Essential Energy must not do without approval. These 

include, but are not limited to, demolishing the building or work; damaging or despoiling the 

place, precinct or land, or any part of the place, precinct or land; moving, damaging or 

destroying the relic or moveable object; excavating any land for the purpose of exposing or 

moving the relic; or carrying out any development in relation to the land on which the 

building, work or relic is situated. 

It is therefore necessary to consider whether the proposed activity is likely to affect a 

heritage item and to apply for the appropriate approval so as not to commit an offence. 

Land Acquisitions (Just Terms Compensation) Act 1991 

For some projects it may be necessary for Essential Energy to acquire land (for example an 

easement for an electricity transmission line). If Essential Energy acquires land then 

compensation may be payable to the owner of that land. The process for acquiring land and 

determining compensation is prescribed by the Land Acquisition (Just Terms 

Compensation) Act 1991 and Section 44 of the Electricity Supply Act 1995. 




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Local Government Act 1993 

It may be necessary to obtain approval from the local council for the carrying out of certain 

activities. Such activities are listed in Section 68 of the Local Government Act 1993 and 

include, but are not limited to, activities in relation to buildings, temporary structures or 

moveable dwellings; water supply, sewerage and storm water drainage work; management 

of waste; community land and public roads. This Act makes provision for Crown approvals. 

This Act also provides for the classification of land as ‘community’ and ‘operational land’ and 

the preparation of plans of management that apply to the use and development of land. 

Note, however, that the Electricity Supply Act 1995 provides that work connected with the 

erection, installation, extension, alteration, maintenance and removal of electricity works is 

exempt from the requirement for an approval under the Local Government Act 1993, except 

in relation to buildings. 

National Parks and Wildlife Act 1974 

This Act operates in conjunction with the Threatened Species Conservation Act 1995 (TSC 

Act) (the TSC Act includes provision for the listing of threatened species, populations and 

ecological conservations and covers both flora and fauna). 

Under the NPW Act 1974 the Governor may reserve land as a national park, a historic site, 

a state conservation area, a regional park, a karsts conservation reserve, a nature reserve 

or an Aboriginal area. If land is reserved as such then there a number of prescribed 

management principles that the DECCW, incorporating the former National Parks and 

Wildlife Service, must follow in the care, control and management of the land. 

Further, the Act gives the Director-General, the Minister and the DECCW a number of 

powers. For example, under the Act the Director-General and the Minister may issue stopwork 

or interim protection orders if an action, or proposed action, is likely to significantly 

affect protect fauna or native plants or their environment or if the land is of natural, 

scientific or cultural significance. The Act also prescribes a number of offences. For 

example, it is an offence under the Act to (among other things) do anything that causes 

damage to any critical habitat. The Act also provides for the issue of licences in respect of 

fauna, native plants and threatened species. 

The Act also deals with the protection of aboriginal relics. There are offences under the Act 

in relation to aboriginal relics, including in relation to damaging relics. It is possible to 

obtain permits under the Act to move relics. In determining whether it is necessary to 

obtain a permit or consent under the Act it is necessary to follow the Interim Community 

Consultation Requirements for Applicants, available at: 

http://www.nationalparks.nsw.gov.au/PDFs/interim_consulation_guidelines.pdf. 

Therefore, it is necessary to determine whether the proposed development or activity will 

affect any land classified under the Act, or any aboriginal relics or any threatened species 

under the TSC Act 1995. If so, it is necessary to consider whether the proposed 

development or activity will result in an offence under the Act and whether a permit may be 

required in order to carry out the proposed development or activity. 

Native Title Act (New South Wales) Act 1994 

This Act, and the Native Title Act 1993 (Commonwealth), recognises and protects native 

titles and provides that native title cannot be extinguished contrary to the Act. Essential 

Energy may need to carry out development or activities in areas where there is a native title 

claim. In such circumstances, any impact on the native title claimants should be examined. 




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Native Vegetation Act 2003 

On 1 December 2005, the Native Vegetation Act 2003 (NV Act 2003) and the Native 

Vegetation Regulations 2005 (NV Regs 2005) were introduced (and replaced earlier 

legislative arrangements). 

Section 12 of the NV Act 2003 prohibits the clearing of native vegetation except in 

accordance with a development consent granted in accordance with the NV Act 2003 or a 

property vegetation plan. Where development consent is required under Section 12, Part 4 

of the EP&A Act applies in relation to the granting of consent. 

‘Clearing native vegetation’ is defined as cutting down, felling, thinning, logging or removing 

native vegetation, killing destroying, poisoning, ring barking, uprooting or burning native 

vegetation. ‘Native vegetation’ is defined as indigenous trees, under-storey plants, 

groundcover and plants occurring in a wetland. 

It is therefore necessary to determine whether the proposed development or activity will 

involve the clearing of native vegetation, whether the land is subject to a property 

vegetation plan and whether it is necessary to obtain development consent for the clearing. 

Certain types of clearing are excluded from the requirement to obtain development 

consent, including: 

 

 

Any clearing that is, or is part of, an activity carried out by a determining authority 

within the meaning of Part 5 of the EP&A Act if the determining authority has 

complied with that Part 

Any clearing that is, or is part of, an activity carried out in accordance with an 

approval of a determining authority within the meaning of Part 5 of the EP&A Act if the 

determining authority has complied with that Part. Refer to Section 25G and H of NV 

Act 2003. 

Clearing for ‘routine agricultural activities’ is also permitted under Section 22 of the NV Act 

2003. ‘Routine agricultural management activities’ is defined to include the maintenance of 

public utilities (such as those associated with the transmission of electricity, the supply of 

water, gas and electronic communication). However, clearing of native vegetation under 

this Section is not allowed if: 

 

 

It exceeds the minimum extent necessary for carrying out the activity 

It is done for a work, building or structure before the grant of any statutory approval 

or other authority required for the work, building or structure. 

For more information in relation to the NV Act 2003, please refer to the fact sheets provided 

at http://www.DNR.nsw.gov.au/nativeveg/index.shtml. 

Occupational Health and Safety Regulation 2001 

The Dangerous Goods Act 1975 has been repealed and licensing requirements for storing 

and handling dangerous goods have been replaced with a requirement that an occupier of 

premises complete a 'notification of dangerous goods on premises form' and lodge it with 

WorkCover if its dangerous goods exceed the 'manifest quantity' in the table set out in 

schedule 5 to the Regulation. The notification must be in the approved form, be 

accompanied by a fee and be given to WorkCover within 14 days after the obligation to 

notify arises (clause 174ZS). 

A licence is still required for demolition or asbestos removal work under chapter 10 of the 

Regulation. 




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Pipelines Act 1967 

In relation to the construction of pipelines for a proposed development or activity, Essential 

Energy may apply for a permit to enter lands to determine the route of a pipeline and then 

for a licence to carry out the construction of the pipeline. The licence may contain 

conditions including the requirement to take such measures as the Minister may require 

with respect to the conservation and protection of the flora, fauna, fish, fisheries and scenic 

attractions, and features of architectural, archaeological, historical or geological interest and 

the reinstatement, levelling, egressing, reforesting and contouring of any lands which may 

be damaged or deleteriously affected by the licencee. 

It is therefore necessary to determine whether the proposed development or activity 

requires a permit or licence under the Pipelines Act and to be aware that such a licence may 

require consideration of environmental factors. 

Pipelines licenced under the Pipelines Act 1967 are subject to environmental assessment in 

accordance with Part 5 of the Environmental Planning and Assessment Act 1979. Under this 

Act the Minister for Energy and Utilities is the Determining Authority; however, as a matter 

of policy the Minister requests advice from the Minister for Infrastructure and Planning. 

Based on the outcomes of the environmental assessment the Pipeline Licencee is required 

to develop and implement an Environmental Management Plan (EMP) for the construction 

and operation of the pipeline. 

Although a stand alone document, the EMP forms part of the Pipeline Licencees safety 

management system and is integrated in to the pipeline's Safety and Operating Plan. 

Section 611, Part 1 of Chapter 7 of the LG Act 1993 and the EP&A Act 1979 (exception in 

relation to the granting of a permit) do not apply to the construction or operation of a 

pipeline (in the case of the LGA Act this is limited to circumstances where the construction 

or operation of the pipeline is authorised by a licence). 

Protection of the Environment Administration Act 1991 

This Act largely deals with the establishment and powers of the Environment Protection 

Authority (DECCW). It also contains a comprehensive definition of the ‘precautionary 

principle’, which has been adopted by the EP&A Act. 

Protection of the Environment Operations Act 1997 

In the carrying out of a development or activity, it may be necessary to obtain an 

environment protection licence in relation to pollution or in order to carry out certain works. 

In determining whether to grant a licence, the appropriate regulatory authority is required 

to take into consideration a number of things. These include, but are not limited to, the 

pollution being or likely to be caused by the carrying out of an activity and the likely impact, 

of that pollution on the environment; the practical measures that could be taken to prevent, 

control, abate or mitigate that pollution, and to protect the environment from harm as a 

result of that pollution; any relevant environmental impact statement, or other statement of 

environmental effects, prepared or obtained by the applicant under the EP&A Act ; and any 

relevant species impact statement prepared or obtained by the applicant under the TSC Act 

1995 or the Fisheries Management Act 1994. 

The Act specifies a number of environment protection notices that may be issued against a 

person, including clean up notices, prevention and prohibition notices. It also creates a 

number of environment protection offences. It is therefore necessary to consider the nature, 

quantity and type of pollution that is likely to be generated by a proposed development or 

activity to ensure that the requisite licence is applied for (and complied with), and to 

prevent the issue of a notice or the commission of an offence. 




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Radiation Control Act 1990 

This Act controls the possession, use, and sale of certain radioactive substances and 

equipment. The Act provides that permit must be obtained to possess, use, sell or give 

away radioactive substances, ionising radiation apparatus or non-ionising radiation 

apparatus. 


It is an offence under this Act for a person to erect a structure or carry out a work in, on or 

over a public road, dig up or disturb the surface of a public road, remove or interfere with a 

structure, work or tree on a public road, pump water into a public road from any land 

adjoining a public road, connect a road (whether public or private) to a classified road 

without the consent of the appropriate roads authority. 

However, a limited exemption exists for work that is carried out by Essential Energy 

pursuant to its functions as a public authority in, on or over an ‘unclassified road’ other than 

a ‘Crown road’ (as defined in the Act). 

It is therefore necessary to consider whether the proposed development or activity will 

require the consent of the Roads and Traffic Authority or the relevant local council. 

Unclassified road a public road that is not a classified road 

Public road any road that is opened or dedicated as a public 

road, under Roads Act or any other law; and 

 

any road that is declared to be a public road for 

the purposes of the Roads Act. 

Classified road a main road 

a highway 

a freeway 

a controlled access road 

a secondary road 

a tourist road 

a tollway 

a transit way; or 

a State work 

Rural Fires Act 1997 

This Act makes it the duty of the owner or occupier of land to take notified steps and any 

other practicable steps to prevent the occurrence of bushfires on, and to minimise the 

danger of the spread of bushfires on, or from, that land. It is an offence under the Act to 

light certain fires unless a notice has been given by the appropriate authority, a bushfire 

hazard reduction certificate has been issued or an approval, consent or other authority 

required for the land clearance or fire break has been given by the appropriate authority. 

The Act also provides for the issue of fire permits authorising the lighting of a fire on land 

specified in the permit for the purposes specified in the permit. 

It is therefore necessary to consider whether the proposed development or activity will 

constitute an offence under the Rural Fires Act 1997 and whether a notification, certificate, 

approval or permit is required before works can take commence. 




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Soil Conservation Act 1938 

Under this Act, if the Commissioner is of the opinion that any act or thing proposed to be 

done on or in relation to any land, or the failure to do any act or thing on or in relation to 

any land, has caused or is likely to cause soil erosion or land degradation on that land or on 

other land and that the erosion or degradation or its effects can be mitigated or avoided, 

the Commissioner may serve notice requiring the owner, occupier, holder or grantee to 

abstain from doing or do or permit to be done such acts and things specified in the notice. 

Therefore consideration should be given as to whether the proposed development or activity 

will cause or is likely to cause soil erosion in order to anticipate the likelihood of the issuing 

of such a notice, and to take the measures necessary to prevent the issue of such a notice. 


The Act provides for the listing of threatened species, populations and ecological 

communities and key threatening processes, as well as critical habitat of endangered 

species, populations and ecological communities. The Act also provides for the licensing of 

actions that are likely to result in: 

The harming of an animal that is of, or part of, a threatened species, population or 

ecological community 

 

 

 

The picking of a plant that is of, or part of, a threatened species, population or 

ecological community 

Damage to critical habitat 

Damage to habitat of a threatened species, population or ecological community. 

Offences relating to the above actions are set out in the National Parks and Wildlife Act 

1974 (NSW) and include: harming or picking threatened species, endangered populations or 

endangered ecological communities (refer to Section 118A); and the damaging of critical 

habitat (refer to Section 118C). Also, offences exist for damaging the habitat of threatened 

species, endangered populations or endangered ecological communities without a licence 

(refer to Section 118D). 

On 31 October 2005, threatened species reforms under the Threatened Species Legislation 

Amendment Act 2004 came into force in NSW. By replacing the ‘8-part test’ with the 

‘assessment of significance’ test (see discussion above) there is a greater focus on the likely 

impacts of an activity in the context of the local environment. The amended legislation can 

be viewed at: www.legislation.nsw.gov.au and 

www.threatenedspecies.environment.nsw.gov.au while an informative fact sheet can be 

obtained from www.environment.nsw.gov.au/business/tsact.htm 

An ‘endangered ecological community’ is defined in the TSC Act as an assemblage of species 

occupying a particular area. Endangered Ecological Communities (EECs) are ecological 

communities that have been listed in Schedule 1 to the TSC Act and described in detail in a 

Final Determination of the Scientific Committee under the TSC Act. The Final Determination 

in respect of each EEC describes the community by reference to geology, climate and 

geographical distribution, and the structure and characteristic assemblage of the species. 

The types of flora that may be found in an EEC are not limited to characteristic species. 

Further, not every characteristic species will be present in each case. Each species listed in 

a Final Determination is of significance to the extent that it is part of the assemblage of a 

particular EEC. Where the species occurs outside of the EEC it does not form part of the 

EEC. 




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‘Endangered species’ are listed in Schedule 1 to the TSC Act 1995 and, unlike a species 

forming part of an EEC, are protected in their own right. Vulnerable species are listed in 

Schedule 2 to the TSC Act 1995 and are also protected in their own right. An endangered 

or vulnerable species is a ’threatened species‘ for the purposes of the TSC Act 1995 and the 

NPW Act 1973. 

Water Management Act 2000 

It is necessary to consider whether the proposed development or activity will take place 

within a water management area. If so, a water management plan will affect the proposed 

activity and it will be necessary to ensure that the proposed development or activity is 

consistent with the water management plan for the region. The Act prescribes a number of 

offences in relation to water taking and water use. Therefore, depending on the nature of 

the proposed development or activity, it may also be necessary to obtain a water access 

licence, water use approval, water management work approval or activity approval. 

The Act also deals with Water supply authorities. A water supply authority has the following 

functions: 

 

 

 

To construct, maintain and operate water management works and other associated 

works (subject to the Minister’s approval) 

To conduct research, collect information and develop technology in relation to water 

management 

To do anything for the purpose of enabling the objects of this Act to be attained. 

If there is no water management plan in place, the provisions of the Water Act 1912 will 

apply. 

State Environmental Planning Policies (SEPPs) 

INFRASTRUCTURE SEPP 2007 

So as to facilitate infrastructure development in NSW, this SEPP streamlines and adopts a 

consistent approach for environmental and planning assessment and approval process for 

electricity transmission and distribution network, water supply systems and other 

infrastructure works. The Infrastructure SEPP prevails over other EPIs except for any 

inconsistencies with the State Environmental Planning Policy No 14—Coastal Wetlands; the 

State Environmental Planning Policy No 26—Littoral Rainforests; and the State 

Environmental Planning Policy (Major Development) 2005. The policy consolidates and 

updates 20 previous State planning instruments which included infrastructure provisions. It 

also includes specific planning provisions and development controls for 25 types of 

infrastructure works or facilities. 

The Infrastructure SEPP 2007 will generally apply if: 

Works fall within “electricity transmission and distribution” activities such as those 

listed in Clause 41(2) 

o construction works (whether or not in a heritage conservation area) 

o 

o 

emergency works or routine maintenance works, on the site of an existing 

component of a network or on land adjacent to such a site (whether or not the 

works are on land to which State Environmental Planning Policy No 14—Coastal 

Wetlands or State Environmental Planning Policy No 26—Littoral Rainforests 

applies. If they are on such land, only if any adverse effect on the land is 

restricted to the minimum possible to allow the works to be carried out) 

environmental management works 




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UNCLASSIFIED 


 

 

 

o 

o 

o 

establishment of a new substation or an increase in the area of existing 

substation yards or the installation of equipment, plant or structures in existing 

substation yards or substation buildings 

above or below ground co-location of telecommunications cabling and associated 

structures 

an electricity generating unit to provide temporary support to the network at a 

substation or maintenance depot, but only if the combined capacity of all units at 

the substation or maintenance depot does not exceed 5 megawatts and none of 

the units is operated, or is intended to be operated, for more than 200 hours in 

any 12 month period. 

works fall within ‘gas transmission or distribution’ as authorised under the Pipelines 

Act 1967 or the Gas Supply Act 1996 

works fall within ‘sewerage systems’ 

works fall within ‘stormwater management systems’ 

SEPP 44 – Koala Habitat Protection 

Consultation with Council must be undertaken to ensure the proposed development is not 

within a potential koala habitat. A potential koala habitat is an area where there is more 

than 15% of certain type of tree listed in Schedule 2 of the policy. If the proposed activity 

is within a potential koala habitat, Council must determine whether it is a core koala habitat 

that is an area where there has been recent sightings and historical records of a resident 

population of koalas. If so, then a plan of management must be prepared in accordance 

with the policy. 

SEPP 14 - Coastal Wetlands 

Under clause 7 of SEPP 14, a person must not, in respect of land to which SEPP 14 applies, 

(a) clear land, (b) construct a levee on land, (c) drain land or (d) fill land except with the 

consent of the council and the concurrence of the Director of Planning. 

Therefore, even if development consent is not otherwise required from council under Part 4 

of the EP&A Act 1979, it will be required if the proposed activity involves clearing land to 

which SEPP 14 applies. 

The DoP holds the maps outlining the land to which SEPP 14 applies. Essential Energy’s GIS 

also contains this information. 

SEPP26 - Littoral Rainforests 

Under clause 7 of SEPP 26, a person must not, in respect of land to which SEPP 26 applies, 

erect a building, carry out work, use land for any purpose, or subdivide it, disturb, change 

or alter any landform or disturb, remove, damage or destroy any native flora or other 

element of the landscape or dispose of or dump any liquid, gaseous or solid matter, without 

the consent of the council. 

Similarly, even if development consent is not otherwise required from council under Part 4 

of the EP&A Act 1979, it will be required if the proposed ACTIVITY involves disturbing, 

removing, damaging or destroying any native flora on land to which SEPP 26 applies. 

The DoP holds the maps outlining the land to which SEPP 26 applies. 




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Commonwealth Legislation 

Environmental Protection and Biodiversity Conservation Act 1999 

If the proposed development or activity is a ‘controlled action’ because it has, will have, or 

is likely to have a significant impact on a matter of ‘national environmental significance’ 

then the proposed activity will require an approval from the Commonwealth Minister for 

Environment and Heritage. Matters of ‘national environmental significance’ are: 

 

 

 

 

 

 

 

World Heritage properties 

Ramsar wetlands 

Listed threatened species and communities 

Migratory species protected under international agreements 

Nuclear action 

Commonwealth marine environment; and 

National or Commonwealth heritage places. 

If Essential Energy considers that a proposed development or activity will have, or is likely 

to have, a significant impact on one of these matters then the proposal must be referred to 

the Commonwealth Minister for the Environment and Heritage. The Minister for Planning 

(NSW) may also refer the proposal or the Commonwealth Minister for Environment and 

Heritage may request Essential Energy to refer the proposal. Members of the public cannot 

refer the proposal but they may report the proposed activity to Environment Australia or the 

Commonwealth Minister for the Environment and Heritage. 

The Act also requires assessment where the proposed development or activity may impact 

on Commonwealth Land and approval under the Act may also be required. The Act provides 

for a number of assessment and approval processes depending on the circumstances of the 

case. These assessment procedures include, but are not limited to, assessment on 

preliminary documentation provided by Essential Energy, assessment by EIS, assessment 

by public inquiry and assessment by public environment report. 

It is therefore necessary to consider if there is likely to be a significant impact as a matter 

of national environmental significance or on Commonwealth land associated with the 

proposed development or activity and whether referral and/or approval are required under 

the Act. 

The assessment process under the EPBC Act is very specific. The EPBC Act Administrative 

Guidelines on Significance (see http://www.deh.gov.au/epbc/policy/) provide guidance to 

determine whether an action has, will have, or is likely to have a significant impact on a 

matter of national environmental significance. These guidelines have recently been 

reviewed and a revised version, the Principal Significant Impact Guidelines 1.1 - Matters of 

National Environmental Significance, is available in draft form at 

http://www.deh.gov.au/epbc/policy/. The Procedure does not deal with the process for 

assessment or the requirements of those guidelines. 

Telecommunications Act 1997 

This Act governs the telecommunications industry in Australia. To operate a 

telecommunications network you are required to hold a licence. Carriers under the Act have 

certain powers and immunities, which are detailed in schedule 3 of the Act. This includes 

the power to erect ‘low impact facilities’ as defined in the Telecommunications (Low Impact 

Facilities) Determination 1997 as amended. 




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15 ATTACHMENT B – SECTION 91 OF THE ENVIRONMENTAL 

PLANNING AND ASSESSMENT ACT 1979 (NSW) 

Integrated development is development (not being complying development) that, in 

order for it to be carried out, requires development consent and one or more of the 

following approvals: 

Act Provision Approval 

Fisheries 

Management Act 

1994 


Mine Subsidence 

Compensation Act 

1961 

S144 

S201 

S205 

S219 

S58 

S15 

Aquaculture permit. 

Permit to carry out dredging or reclamation work. 

Permit to cut, remove damage or destroy marine 

vegetation on public land or an aquaculture lease, or on 

the foreshore of any such land. 

Permit to: 

 

 

 

 

Set a net, netting or other material 

Construct or alter a dam, floodgate, causeway or 

weir 

Otherwise create an obstruction 

Across or within a bay, inlet, river or creek, or 

across or around a flat. 

Approval in respect of the doing or carrying out of an act, 

matter or thing referred to in s 57(1). 

Approval to alter or erect improvements within a mine 

subsidence district to subdivide land therein. 

Mining Act 1992 SS63, 64 Grant of a mining lease. 

National Parks and 

Wildlife Act 1974 

Petroleum 

(Onshore) Act 

1991 

Protection of the 

Environment 

Operations Act 

1997 

S90 

S9 

SS43(a),47 

and 55 

SS43(b), 

48 and 55 

SS43(d), 

55 and 122 

Consent to knowingly destroy, deface or damage or 

knowingly cause or permit the destruction or defacement 

of or damage to, a relic or Aboriginal place. 

Grant of production lease. 

Environment protection licence to authorise carrying out 

of scheduled development work at any premises. 

Environment protection licence to authorise carrying out 

of scheduled activities at any premises (excluding any 

activity described as a ‘waste activity’ but including any 

activity described as a ‘waste facility’. 

Environment protection licences to control carrying out of 

non-scheduled activities for the purposes of regulating 

water pollution resulting from activity. 




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S138 

Consent to: 

 

 

 

 

 

Erect a structure or carry out a work in, on or over a 

public road 

Dig up or disturb the surface of a public road 

Remove or interfere with a structure, work or tree 

on a public road 

Pump water into a public road from any land 

adjoining the road 

Connect a road, whether public or private, to a 

classified road. 

Development is integrated development in respect of a licence that may be granted 

under the Protection of the Environment Operations Act 1997 to control the carrying out of 

non-scheduled activities for the purpose of regulating water pollution only if: 

 

 

The DA stipulates that an application for such a licence has been or will be made in 

respect of the development 

DECCW notifies the consent authority in writing before the DA is granted or refused 

that an application for such a licence has been or may be made in respect of the 

development. 

Development is not integrated development in respect of the consent required under 

Section 90 of the National Parks and Wildlife Act 1974 unless: 

 

 

A relic referred to in that Section is known, immediately before the DA is made, to 

exist on the land to which the DA applies 

The land to which the DA applies is an Aboriginal place within the meaning of that Act 

immediately before the DA is made. 

Development is not integrated development in respect of the consent required under 

Section 138 of the Roads Act 1993 if, in order for the development to be carried out, it 

requires the development consent of a council and the approval of the same council. 

Development is not integrated development in respect of the approval required under 

Section 57 of the Heritage Act 1977 if the approval that is required is the approval of a 

council. 


Rural Fires Act 

1997 

Water 

Management Act 

2000 

S100B 

SS89, 90, 

91 

Authorisation under Section 100B in respect of bush fire 

safety of land that could lawfully be used for residential or 

rural residential purposes or development of land for 

special fire protection purposes. 

Water use approval, water management work approval or 

activity approval under Part 3 of Chapter 3. 




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16 ATTACHMENT C – EXTRACT SCHEDULE 3 OF THE 

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 

2000 (NSW) 

‘Designated Development’? 

10 

Chemical 

Storage 

Facilities 

That store or package chemical substances in containers, bulk 

storage facilities, stockpiles or dumps with a total storage 

capacity in excess of: 

20 tonnes of pressurised gas 

200 tonnes of liquefied gases 

2,000 tonnes of any chemical substances. 

That are located: 

Within 40 metres of a natural water body or wetland 

In an area of high water table or highly permeable soil 

In a drinking water Catchment 

On a floodplain. 

18 

Electricity 

Generating 

Stations 

1 Electricity generating stations, including associated water 

storage, ash or waste management facilities that supply or 

are capable of supplying: 

Electrical power where: 

The associated water storage facilities inundate land 

identified as wilderness under the Wilderness Act 

1987 

The temperature of the water released from the 

generating station into a natural water body is more 

than 2 degrees centigrade from the ambient 

temperature of the receiving water 

More than 1 megawatt of hydroelectric power 

requiring a new dam, weir or inter-valley transfer of 

water 

More than 30 megawatts of electrical power from 

other energy sources (including coal, gas, wind, biomaterial 

or solar powered generators, hydroelectric 

stations on existing dams or co-generation). 

2 This clause does not apply to power generation facilities used 

exclusively for stand-by power purposes for less than 4 hours 

per week averaged over any continuous 3-month period. 




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29 

Sewerage 

Systems and 

Sewer Mining 

Systems 

1 Sewerage systems or works: 

 

That has an intended processing capacity of more than 

2,500 persons equivalent capacity or 750 kilolitres per 

day 

That have an intended processing capacity of more than 

20 persons equivalent capacity or 6 kilolitres per day 

and are located: 

on a flood plain 

within a coastal dune field, or 

within a drinking water catchment 

within 100 metres of a natural waterbody or wetland 

within 250 metres of a dwelling not associated with 

the development. 

2 Sewerage systems or works that incinerate sewage or 

sewage products. 

3 Sewer mining systems or works that extract and treat more 

than 1,500 kilolitres of sewage per day. 

29 

Sewerage 

Systems or 

Works 

4 This clause does not apply to development for the pumping 

out of sewage from recreational vessels: 

the pumping out of sewage from recreational vessels, or 

5 sewer mining systems or works that distribute treated water 

that is intended to be used solely for industrial purposes. 




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17 ATTACHMENT D – DELEGATION OF AUTHORITY 

EP&A Act Part 5 - 

Project description 

Environmental impact assessment and 

outcome based on CEFD6024 EIA Checklist 

and the factors listed in clause 228 of the 

Environmental Planning and Assessment 

Regulation 2000 

Determining Officer 

Where assessment and 

activity is to be 

undertaken by 


Where 

assessment and 

activity is 

undertaken by 

an Accredited 

Service 

Provider for 



NOTE: If a determining officer has any uncertainty with respect to the Part 5 assessment, the determining 

officer should consult with intermediate supervisor(s) prior to escalating the assessment to the next level 

of determining officer outlined in this table. 

 

 

 

Installation, 

replacement, 

augmentation or 

maintenance of 

electrical plant 

Installation, 

replacement, 



water infrastructure 

Installation of a 

substation when 

Part 4 approval is 

not required. 

 

 

Where no development consent is required 

Part 5 assessment by Essential Energy in the 

form of CEFD6024 

Community Impact “Low” 

Environmental Score “Low” (1 9) or 

“High” (>10) 

Consultant REF is necessary 

Further investigation or information required to 

determine if the activity is likely to have a 

significant effect on one or more factors (and, 

therefore, whether an EIS or SIS is required) 

External specialist advice has recommended the 

adoption of control measures and a site 

management plan required to minimise impact. 

Consultant may be required to obtain approvals, 

licences or permits from regulatory bodies. 

Subtransmission 

Design and Projects 

Manager 

Regional General 

Manager (vegetation 

maintenance issues) 

Group Manager 

Transmission Line 

Projects 

Group Manager Design 

and Project 

Management 

Group Manager Zone 

Substation Design 

Group Manager 

Essential Water 

Group Manager 

Vegetation & Asset 

Operations 

Group Manager 

Transmission Line 

Routes 

GM Distribution 

Planning 

Services 

General 

Manager subtransmission 

services 

Group Manager 

Transmission 

Line Routes 

EGM 

Engineering 

Services 

EGM Engineering 

Services 




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EP&A Act Part 5 - 

Project description 

Environmental impact assessment and 

outcome based on CEFD6024 EIA Checklist 

and the factors listed in clause 228 of the 

Environmental Planning and Assessment 

Regulation 2000 

Determining Officer 

Where assessment and 

activity is to be 

undertaken by 


Where 

assessment and 

activity is 

undertaken by 

an Accredited 

Service 

Provider for 



Installation, 

replacement, 



electrical plant 

(including building or 

access road work) 

Installation, 

replacement, 


maintenance of water 

infrastructure 

Installation of a 

substation in the rare 

event that Part 4 

approval is not 

required. 

Where no development consent is required 

(refer to CEFD6024) 

Community Impact “Moderate” or “High” 

Environmental Score “High” (>10) 

Consultant REF is necessary 

The project is likely to have a significant effect 

on one or more factors and, therefore, an EIS is 

required 

External specialist advice has recommended the 

adoption of control measures and a site 

management plan required to minimise impact. 

To be referred to 

Safety and 

Environment 

Committee (However, 

note that the Minister 

will make 

determination if an EIS 

is required) 

To be referred 

to Safety and 

Environment 

Committee 

(However, note 

that the Minister 

will make 

determination if 

an EIS is 

required) 




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MANUAL: Environmental Impact Assessment – NSW 

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18 ATTACHMENT E – TYPES OF EXEMPT DEVELOPMENT UNDER THE INFRASTRUCTURE SEPP 

Many activities involving routine or ‘like for like’ work or new minor projects are exempt development under the State Environmental Planning 

Policy (Infrastructure) 2007 (Infrastructure SEPP). Additional activities may also be exempt under a Local Environmental Plan (LEP) or 

Development Control Plan. 

Exempt development does not require development consent under Part 4 of the Environmental Planning and Assessment Act 1979 (EP&A Act) 

or environmental assessment under Part 5 of the EPA Act. However, other environmental authorisations may be required. 

Notification of works to affected property occupiers or owners is required. The Local Council must be notified of works in public reserves or 

public road reserves. Consider whether the proposed works may affect any other public authorities or utilities in the vicinity particularly 

regarding the location of other underground utility services in the vicinity of the work and the affects the proposed work will have on these 

services. 

NOTE: To be exempt development, an activity: 


2 cannot be carried out in a critical habitat of an endangered species, population or ecological community (identified under the Threatened 

Species Conservation Act 1995 or the Fisheries Management Act 1994) and 


Additionally, clause 20(2) of the Infrastructure SEPP provides that to be exempt development, the development: 

 

 

 

 

 

must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia; and 

if it is carried out in relation to an existing building, must not cause the building to contravene the Building Code of Australia; and 

must be carried out in accordance with all relevant requirements of the Blue Book; and 

must involve no more than minimal impact on the environment or amenity of the surrounding area; and 

if it is likely to affect a State or local heritage item or a heritage conservation area, must involve no more than minimal impact on the 

heritage significance of the item or area. 




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Electricity transmission or distribution works – Activity must comply with clause 20(2) 

Development purpose Development standard (Infrastructure SEPP) Would apply to (example) 

Would NOT apply to 

(example) 

Installation of cables in 

existing conduits 

Installation involves no greater soil or vegetation 

disturbance than necessary (Clause 43(a)) 

NOT Installation of cables 

where earthworks are required. 

Maintenance, repair, 

replacement or realignment 

of poles or of associated 

support structures


UNCLASSIFIED 




(example) 

Installation, maintenance, 

repair or replacement of 

street lighting 

Lighting minimises light spill and artificial sky 

glow in accordance with AS/NZS 1158:2007, 

Lighting for Roads and Public Spaces (Clause 

43(d)(ii)) 

Minor and back street lighting (involving 

no more than five lights erected on 

existing poles with existing overhead LV 

mains) 

NOT new Traffic Route Lighting, 

CBD lighting, Pedestrian 

Crossing Lighting, Playing Field 

Lighting 



electricity metering 

(Clause 43(d)(iii)) 



electrical conductors 

on existing structures 

if the development will not result in an increase 

in the capacity of the network (Clause 43(d)(iv)) 

Replacement of existing conductors with 

similar conductors on the same structures 

or similar new structures in the same 

location – eg, replacing 7/064 HDBC with 

7.3 AAAC 

NOT replacement of existing 

conductors with heavier 

conductors on the same 

structures or similar new 

structures in the same location 

– eg, replacing 7/064 HDBC 

with 19.3.75 AAAC 

Maintenance of existing 

access tracks in easements, 

rights of way, or on land 

under s 53 of the Electricity 

Supply Act 1995 

if it is required to facilitate the maintenance or 

repair of electricity lines (Clause 43(e)) 

Maintenance, repair or 

replacement of pole 

substations 

the development will not result in any increase 

in the capacity of the network; and 

in the case of replacement of materials, the 

replacement materials are similar to the 

materials being replaced and the replacement 

does not involve any structural alterations 

(Clause (43(f)) 

Replacement of Small rural transformer 

changes 63kVA or less on existing 

structures or new structures in the same 

substation pole location for the purposes 

of maintenance, rectification of poor 

voltage conditions or the connection of 

new customers 

Pad mounted substation replacements in 

the same location and taking up the 

similar footprint for the purposes of 

maintenance, rectification of poor voltage 

conditions or the connection of new 

customers. [43(d)(7)] 

NOT installation of new rural 

pole substations in new or 

existing pole locations 

NOT urban pole substation 

changes greater than 63kVA 

NOT installation of new pad 

mounted substations in new 

locations 




UNCLASSIFIED 



UNCLASSIFIED 



Demolition and removal of 

electricity works 

in accordance with the relevant provisions of AS 

2601—2001, Demolition of structures (Clause 

43(g)) 


(example) 

NOT works associated with 

substations containing 

equipment that has a capacity 

> 33 kV 

NOT works at sites where soil is 

likely to be contaminated 

Emergency works to 

maintain or restore a supply 

of electricity 

NOTE: emergency works means works for the 

purpose of maintaining or restoring 

infrastructure facilities or equipment in order 

to ensure public safety or to protect buildings 

or the environment due to: 

(a) a sudden natural event, including a 

storm, flood, tree fall, bush fire, land slip 

or coastal inundation, or 

(b) accident, equipment failure or structural 

collapse, or 

(c) damage caused by vandalism or arson 

provided the works involve no greater 

disturbance to soil or vegetation than 

necessary and are carried out in accordance 

with all applicable requirements of the Blue 

Book. (Clause 43(h)). 

Construction, maintenance 

or realignment of security 

fencing 

height of not more than 3.2m above ground 

level (existing) (Clause 43(i)) 

Investigations 

involve no greater soil or vegetation disturbance 

than necessary; and 

do not result in an increase in stormwater 

drainage or run-off from the sites concerned 

(Clause 43(j)) 

Works above and below the ground 

Works including geotechnical and other 

testing, surveying and sampling 




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UNCLASSIFIED 




(example) 

Vegetation management 

complying with a tree management plan 

prepared in accordance with clause 103 of the 

Electricity Supply (General) Regulation 2001; or 

vegetation management that is exempted under 

clause 21 of the Native Vegetation Regulation 

2005 (Clause 43(k)) 

Environmental management 

works 

in an existing fenced area; or 

in an existing building (Clause 43(l)) 

NOTE: environmental management works means: 

(a) works for the purpose of avoiding, reducing, minimising or 

managing the environmental effects of development (including 

effects on water, soil, air, biodiversity, traffic or amenity), an 

(b) Environmental protection works. 

Works for the purpose of avoiding, 

reducing, minimising or managing the 

environmental effects 

NOT works for construction of 

water treatment plant. 




UNCLASSIFIED 



UNCLASSIFIED 


Gas pipelines – Activity must be in connection with a pipeline that is the subject of a licence or authorisation under 

the Gas Supply Act 1996 and comply with clause 20 (2) 



(example) 


repair or replacement of gas 

metering 

pipeline that is the subject of a licence or 

authorisation under the Gas Supply Act 1996 

gas customers’ premises (Clause 54(1)(a)(i)) 


repair or replacement of gas 

customer service lines 



connecting customers’ premises to a gas 

distribution network (Clause 54(1)(a)(ii)) 

Maintenance or emergency 

works or routine 

maintenance 



protect the pipeline, the environment or the 

public 

if the works involve no greater soil or vegetation 

disturbance than necessary (Clause 54(1)(b)) 

NOTE: routine maintenance works means: 

(a) routine repairs to or replacement of 

equipment or assets 

(b) temporary construction yards 

(c) clearing of vegetation (including any 

necessary cutting, lopping, ringbarking or removal 

of trees) and associated rectification and 

landscaping 

Maintenance or emergency 

works 

gas pipeline that is the subject of a licence 

under the Pipelines Act 1967 

to protect the pipeline, the environment or the 

public 

if the works involve no greater soil or vegetation 

disturbance than necessary (Clause 54(2)(a)) 




UNCLASSIFIED 



UNCLASSIFIED 




(example) 


repair, realignment or 

replacement of security 

fencing 



height of not more than 3.2m above ground 

level (existing) (Clause 54(2)(b)) 



pipeline markers 



if they involve no greater soil or vegetation 

disturbance than necessary (Clause 54(2)(c)(i)) 



temporary fencing 



around work sites or open excavations (Clause 

54(2)(c)(ii)) 



temporary structures 



associated with site compounds for construction 

or maintenance projects (Clause 54(2)(c)(iii)) 

Demountable buildings. 

NOT if any temporary building 

is more than one storey high. 



cathodic protection systems 


under the Pipelines Act 1967 (Clause 

54(2)(c)(iv)) 



access controls 



to gas control facilities or to associated roads 

and facilities (Clause 54(2)(c)(v)) 




UNCLASSIFIED 



UNCLASSIFIED 




(example) 

Maintenance or repair of 

existing access tracks or 

gates 



along pipeline corridors, if the maintenance or 

repair involves no greater soil or vegetation 

disturbance than necessary (Clause 54(2)(d)(i)) 

Maintenance or repair of gas 

control facilities 


under the Pipelines Act 1967 (Clause 

54(2)(d)(ii)) 

Including painting, servicing or 

replacement of existing equipment and 

repairs or minor alterations to enclosures 

or buildings 

Excavations to expose 

pipelines for inspection or 

testing 



and the creation of temporary stockpiles 

associated with pipeline maintenance or repair 

if measures to control stockpile erosion or 

movement of sediment from the stockpiles are 

in place; and 

if there is no greater soil or vegetation 

disturbance than necessary (Clause 54(2)(e)) 




UNCLASSIFIED 



UNCLASSIFIED 


Sewerage systems – Activity must comply with clause 20(2) 



(example) 

Emergency works or 

emergency maintenance 

or repairs 

to protect a sewerage system 

if they involve no greater soil or vegetation 

disturbance than necessary (Clause 107(a)) 

Investigation for system 

development or to 

establish the condition or 

safety of existing 


involves no greater disturbance to the ground or 

vegetation than necessary; and 

does not result in any increase in stormwater 

drainage or run-off from the site concerned 

(Clause 107(b)) 

Above or below the surface of the ground 

Geotechnical and other testing, surveying and 

sampling 

Routine maintenance or 

associated landscaping 

works 

if any disturbance to soil or vegetation is no 

greater than necessary (Clause 107(c)) 

Removal of litter or debris from stormwater 

quality improvement devices 

Harvesting of macrophytes associated with a 

treatment system 

Excavations to expose a pipeline for inspection 

or testing and the creation of temporary 

stockpiles associated with pipeline maintenance, 

repair or replacement 

Flushing or relining of a pipeline if access is by a 

manhole 

Maintenance of access tracks along corridors, 

pipelines and other infrastructure 

Painting, servicing or minor alteration of existing 

equipment 

Alterations to existing enclosures or buildings 

Maintenance, repair, renewal or replacement of 

pumping station components other than for the 

purpose of substantially increasing capacity 

Installation, maintenance 

or repair works 

(Clause 107(d)) 

Including works installation, maintenance work 

on trunk drainage channel, pipeline marker or 

cathodic protection system 




UNCLASSIFIED 



UNCLASSIFIED 




(example) 

Safety or security works 

Construction, maintenance or re-alignment of 

security fencing that has a height above ground 

level (existing) of not more than 3.2m, or 

temporary fencing around work sites or around 

open excavations, or 

existing gates or installation of new gates 

(Clause 107(e)) 

Temporary structures 

works 

for maintenance projects 

only if the structure has only one storey (Clause 

107(f)) 



Page 100 of 116 

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UNCLASSIFIED 


Stormwater management systems – Activity must comply with clause 20 (2) 

Development purpose 

Development standard (Infrastructure 

SEPP) 

Would apply to (example) 


(example) 



or repairs 

involves no greater soil or vegetation 

disturbance than necessary; and 

does not involve any increase in stormwater 

drainage or run-off from the site 

to protect a stormwater management system 

(Clause 112(a)) 

Investigation for system 

development or to 

establish the condition or 

safety of existing 


involves no greater soil or vegetation 

disturbance than necessary; and 


drainage or run-off from the site (Clause 

112(b)) 

Above or below the surface of the ground 

Geotechnical and other testing, surveying and 

sampling 



works 





Removal of litter or debris from stormwater quality 

improvement devices 



Excavations to expose a pipeline for inspection or 

testing and the creation of temporary stockpiles 

associated with pipeline maintenance or repair 

Flushing or relining of a pipeline if access is by a 

manhole 

Maintenance of access tracks along corridors, 



equipment 

Alterations to existing enclosures or buildings 



Page 101 of 116 

UNCLASSIFIED 



UNCLASSIFIED 




SEPP) 



(example) 

Installation, maintenance 

or repair works 





(Clause 112(d)) 

Including works installation, maintenance work on 

trunk drainage channel, pipeline marker or 

cathodic protection system 

Safety or security works 

construction, maintenance or re-alignment of 

security fencing that has a height above 

ground level (existing) of not more than 

3.2m, or 

temporary fencing around work sites or 

around open excavations, or 

existing gates or installation of new gates 

(Clause 112(e)) 






works 

for maintenance projects 

only if the structure has only one storey 

(Clause 112(f)) 







Page 102 of 116 

UNCLASSIFIED 



UNCLASSIFIED 


Water supply systems – Activity must comply with clause 20(2) 



SEPP) 



(example) 



or repairs 

if it involves no greater soil or vegetation 

disturbance than necessary and no increase in 

stormwater drainage or run-off from the site 

to protect a water supply system (Clause 

127(a)) 

Geotechnical or other 

testing, surveying, 

sampling or investigation 




required for system development or to 

establish the condition or safety of existing 

infrastructure (Clause 127(b)) 

Whether taking place at, above or below the 

surface of the ground 



works 

(Clauses 127(c) to (k)) 




Removal of litter or debris from stormwater 

quality improvement devices 



Excavations to expose a pipeline for inspection or 

testing and temporary stockpiles associated with 

pipeline maintenance, repair or replacement 

Installation, repair or maintenance of a trunk 

drainage channel or pipeline marker 

Installation, repair, maintenance or replacement 

of Cathodic protection system works 

Flushing or relining of a pipeline where access is 

by a manhole 

Maintenance of access tracks along or to 

corridors, pipelines and other infrastructure 


equipment 



Page 103 of 116 

UNCLASSIFIED 



UNCLASSIFIED 




SEPP) 



(example) 

Alterations to existing 

enclosures or buildings 




Maintenance, repair, 

renewal and replacement 

of pump station 

components 




if it does NOT involve structural alteration 

NOT if it is for the purpose 

of substantially increasing 

capacity 

Works for safety or 

security 




construction, maintenance or realignment of 

security fencing that has a height above ground 

level (existing) of not more than 3.2m; or 

temporary fencing around work sites or around 

open excavations; or 

maintenance or repair of existing gates or 

installation of new gates 


associated with 

maintenance projects 




ONLY if the structure has only one storey 

NOT if there is more than 

one storey 

Public recreational 

facilities within a drinking 

water catchment area. 






Page 104 of 116 

UNCLASSIFIED 



UNCLASSIFIED 


General (Schedule 1 of the Infrastructure SEPP) – Activity must comply with clause 20(2) 



(example) 

Aerials and antennae (not 

including satellite dishes) 

Must not result in more than 3 per building (whether 

solely aerials, solely antennae or a combination of 

aerials and antennae) 

height must not exceed 6m above ground level 

(existing) or above an existing building 

Antenna structures in existing zone 

substations 

Air conditioning units 

Must have a Minimum Energy Performance Standard 

consistent with AS/NZS 3823.2:2005, Performance of 

electrical appliances—Airconditioners and heat pumps— 

Energy labelling and minimum energy performance 

standard (MEPS) requirements 

Noise level must not exceed 5dB(A) above ambient 

background noise level measured at property boundary 

Building external alterations 

including re-cladding roofs 

or walls 

Must involve only repair or renovation, or painting, 

plastering or other decoration, of building 

Must not result in enlargement or extension of building 

or increase in load-bearing capacity of any load-bearing 

component of building 

Any re-cladding must involve only replacing existing 

materials with similar materials and not involve 

structural alterations 

Building internal alterations 

Must be non-structural alterations to existing building 

only, such as: 

(i) replacement of doors, wall, ceiling or floor linings or 

deteriorated frame members with equivalent or improved 

quality materials, or 

(ii) inclusion of built-in fixtures 

Must not affect load-bearing capacity of any loadbearing 

component of building 

Work must not compromise fire safety or affect 

accessibility of any fire exit 



Page 105 of 116 

UNCLASSIFIED 



UNCLASSIFIED 




(example) 

Bush fire protection 

Must be consistent with applicable bush fire risk 

management plan (section 52 of the Rural Fires Act 

1997 or clause 9 of the Electricity Supply (Safety and 

Network Management) Regulation 2002) 

Fire trails must be recorded as such on a Bush Fire 

Management Committee Fire Trail Register 

Asset protection work must be consistent with the NSW 

Rural Fire Service publication Standards for Asset 

Protection Zones 

Maintenance works must not result in any change of 

alignment of fire trails or asset protection zones 

Maintenance of existing fire trails or 

asset protection zones or installation or 

maintenance of gates and associated 

structures on such trails or zones 

Fences—erection of security 

fences 

Must be for infrastructure facility and erected along road 

frontage or non-road boundary 

Height must not exceed 2.15m above ground level 

(existing) 

Lighting—construction or 

maintenance 

Construction and maintenance of external lighting if 

light spill is contained within site and in accordance with 

AS 4282–1997, Control of the obtrusive effects of 

outdoor lighting 

Construction and maintenance of lighting at or in vicinity 

of air transport facilities if consistent with Manual of 

Standards (MOS)—Part 139—Aerodromes published by 

the Civil Aviation Safety Authority 

Offices—portable 

Height must not exceed 1 storey 

Setbacks must be in accordance with any applicable 

setback provisions of development control plan applying 

to site 



Page 106 of 116 

UNCLASSIFIED 



UNCLASSIFIED 




(example) 

Retaining walls 

Must not provide for retaining of fill to height above 

ground level (existing) of more than 2m or excavation 

to depth below ground level (existing) of more than 1m 

Must not prevent the natural flow of stormwater 

drainage/run-off 

Identification, directional, 

community information or 

safety signs 

Surface area must not exceed 3.5m2 

Must be located wholly within property boundary or be 

attached to existing boundary fence and not projecting 

more than 100mm from fence 

Obtrusive effects of outdoor lighting must be controlled 

in accordance with AS 4282–1997, Control of the 

obtrusive effects of outdoor lighting 

NOT roof-top signs or 

commercial advertising or 

signs associated with the 

use of road infrastructure 

(including signs 

associated with level 

crossings) 



Page 107 of 116 

UNCLASSIFIED 



UNCLASSIFIED 


19 ATTACHMENT F – VEGETATION CLEARING EXEMPTIONS 

The Native Vegetation Act 2003 (NSW) (NV Act) is the main piece of legislation that regulates the clearing of native vegetation on all land in 

New South Wales. Native vegetation must not be cleared, except in accordance with: 

1 a development consent granted in accordance with the NV Act; or 

2 a Property Vegetation Plan (PVP). 

There are, however, some exemptions provided under the NV Act that may apply to negate the requirement for consent or a PVP. If the 

clearing is within the operation of the NV Act or falls within one of these exemptions, environmental impact assessment under Part 5 of the 

EP&A Act is NOT required. 

Additionally, clearing may also fall under the listed exemptions in the Infrastructure SEPP and, if so, Part 5 assessment is NOT required. 

To determine whether an EIA is required in relation to a particular activity, follow the steps provided below and refer to the examples listed in 

the following tables. 

STEP 1: DETERMINE WHETHER THE LAND ON WHICH THE CLEARING IS PROPOSED TO OCCUR IS EXCLUDED FROM THE 

OPERATION OF THE NV ACT 

If the land is excluded land, the provisions of the NV Act do not apply and the land will continue to be subject to any local environmental plan 

that applies to the land. Part 5 assessment may therefore still be required, in addition to any other approvals required under other legislation. 

The land is ‘excluded land’ 

from operation of NV Act 

because it is: 

National park estate or other 

conservation area 

Would apply to 

Land that is reserved under the NPW Act 

Land that is acquired under s 145 of the NPW Act for the purpose of obtaining land for reservation or for the purpose of preserving, 

protecting and preventing damage to Aboriginal objects or Aboriginal places 

Land that is subject to an interim protection order made under Part 6A of the NPW Act 

Land to which an interim heritage order or listing on the State Heritage register under the Heritage Act applies 

Land that is critical habitat, being habitat declared under Part 3A of the TSC Act or under Division 3 of Part 7A of the FM Act 

Lord Howe Island 



Page 108 of 116 

UNCLASSIFIED 



UNCLASSIFIED 


The land is ‘excluded land’ 

from operation of NV Act 

because it is: 

State forestry land 

Would apply to 

Land that is a State forest, flora reserve or timber reserve under the Forestry Act 

Land that is acquired under s 15 of the Forestry Act for the purposes of a State forest 

Urban area 

Clearing already authorised 

under another approval 

Land within a zone designated “residential” (but not “rural-residential”), “village”, “township”, “industrial” or “business” under an 

environmental planning instrument 

Any clearing 

Authorised under the State Emergency and Rescue Management Act 1989 in relation to an emergency within the meaning of that 

Act 

Authorised under the Rural Fires Act 1997 in relation to any emergency fire fighting act within the meaning of that Act 

Carried our in accordance with a bush fire management plan under the Rural Fires Act 1997 

Carried out in accordance with a property management plan approved by the Director-General of DECCW for the purposes of the 


Authorised under a licence issued under Division 1 of Part 6 of the Threatened Species Conservation Act 1995 

Any clearing that is, or that is part of, designated development within the meaning of the EP&A Act and for which development 

consent has been granted under that Act 

Any clearing that is, or is part of, an activity carried out by a determining authority within the meaning of Part 5 of the EP&A Act if 

the determining authority has complied with that Part 

Any clearing that is, or is part of, an activity carried out in accordance with an approval of a determining authority within the 

meaning of Part 5 of the EP&A Act if the determining authority has complied with that Part 

Authorised to be carried out under Division 3 or 4 of Part 7 of the Fisheries Management Act 1994 

Authorised under a licence issued under Division 6 of Part 7A of the Fisheries Management Act 1994 

Carried out in accordance with a licence issued under section 131 of the National Parks and Wildlife Act 1974 

Authorised under the Mining Act 1992 

Authorised under the Petroleum (Onshore) Act 1991 

That consists of plantation operations within the meaning of the Plantations and Reafforestation Act 1999 on an authorised 

plantation in accordance with any conditions of the authorisation and with the Plantations and Reafforestation Code under that Act 

That involves the removal or lopping of any tree or other vegetation in accordance with section 88 of the Roads Act 1993 

Carried out in accordance with a consent under Division 3 of Part 9 of the Roads Act 1993 

Carried out in accordance with a permit under Part 3A of the Rivers and Foreshores Improvement Act 1948 

For the purpose of a survey under the Surveying Act 2002 that is undertaken by or under the direction of a surveyor 

Carried out in accordance with a licence, permit, authority or approval under the Water Act 1912 or the Water Management Act 

2000. 



Page 109 of 116 

UNCLASSIFIED 



UNCLASSIFIED 


STEP 2: IS THE CLEARING PERMITTED UNDER THE NV ACT WITHOUT THE NEED FOR APPROVAL UNDER THE NV ACT OR PART 5 

ASSESSMENT? 

The clearing does NOT 

require approval under the 

NV Act or Part 5 

assessment because: 

Would apply to: 

Examples: 

Limitations/Development 

Standards 

The clearing is ‘permitted 

clearing’ 

Clearing of native vegetation that is 

only regrowth, but not protected 

regrowth 

Clearing of native vegetation that 

comprises only groundcover is 

permitted if: 

a the vegetation comprises less than 

50% of indigenous species of 

vegetation, and 

b not less than 10% of the area is 

covered with vegetation (whether 

dead or alive), and 

those percentages are calculated in 

accordance with the regulations. 

Regrowth - means any native vegetation that has 

regrown since 1 January 1983 in the case of land in the 

Western Division and 1 January 1990 in the case of other 

land. Regrowth does not include native vegetation that 

has regrown after: 

o unlawful clearing of remnant vegetation; or 

o bushfires, floods, droughts or other natural 

events causing the clearing of remnant 

vegetation 

Groundcover - any type of herbaceous vegetation 

The clearing is a ‘permitted 

activity’ 

Clearing for Routine Agricultural 

Management Activities (RAMAs), which 

means: 

the construction, operation and 

maintenance of rural infrastructure 

including dams, permanent fences, 

buildings, windmills, bores, air strips 

(in the Western Division), stockyards 

and farm roads but NOT in areas 

zoned as rural-residential 

the removal of noxious weeds under 

the Noxious Weeds Act 

the control of noxious animals under 

the Rural Lands Protection Act 

Anything done pursuant to an obligation arising under an 

eradication order or pest control order under Part 11 of 

the Rural Lands Protection Act 1998 

The construction, operation and maintenance of 

infrastructure by an instrumentality of the Crown 

including roads, tracks, viewing platforms, signs and 

recreational facilities (but does NOT apply to clearing that 

comprises a threatened species, or a component of a 

threatened population or ecological community under the 

TSC Act or is likely to comprise habitat of such a 

threatened species or habitat OR habitat of threatened 

species, populations or ecological communities of fish 

under the FM Act) 

The construction, operation and maintenance on Crown 

land of telecommunications infrastructure 

Permitted without approval 

only: 

When undertaken to the 

minimum extent necessary 

and within specified distance 

limitations where they apply 

(see STEP 3 below); and 

So long as any other 

approvals necessary for the 

work, such as building 

approval, are obtained 



Page 110 of 116 

UNCLASSIFIED 



UNCLASSIFIED 


The clearing does NOT 

require approval under the 

NV Act or Part 5 

assessment because: 

Would apply to: 

Examples: 

Limitations/Development 

Standards 

the maintenance of public utilities 

(such as those associated with the 

transmission of electricity, the supply 

of water, the supply of gas and 

electronic communication) 

any activity reasonably considered 

necessary to remove or reduce an 

imminent risk of serious personal 

injury or damage to property 

Maintaining the necessary safety clearances under 

powerlines (conductors and structures) and around 

communication sites associated with the supply of 

electricity 

Minimising fuel loads under powerlines to minimise the 

chance of smoke from a fire resulting in a line trip 

Maintaining existing access roads and tracks 

RAMA cannot be used for: 

Construction of new access 

roads or tracks 

Removal of low growing 

groundcover or clearing more 

than the maximum distance 

specified in the following 

table; or 

Maintaining safety clearances 

from powerlines that exceed 

either the distance in the 

table below or the minimum 

distance that will ensure 

reliability of supply under all 

loading and environmental 

conditions and minimise the 

risk of arcing 

Nominal operating voltage of powerline 

Not more than 11kV 

Above 11kV up to 33kV 

33kV up to and including 66kV 

Above 66kV up to and including 132kV 

Above 132kV up to and including 330kV 

Above 330kV 

Maximum clearing distance 

(measured each side from the 

centre line of the powerline) 

10 metres 

12.5 metres 

15 metres 

22.5 metres 

30 metres 

35 metres 



Page 111 of 116 

UNCLASSIFIED 



UNCLASSIFIED 


STEP 3: IF THE CLEARING IS A RAMA, ENSURE THAT INFRASTRUCTURE BUFFER DISTANCES ARE SATISFIED 

If the buffer distances (as set out in clause 20 of the NV Regulation) are not satisfied the clearing will not constitute an exemption to approval 

under the NV Act and assessment under Part 5 may still be required. 

Area 

Infrastructure Buffer Distance 

Western Division 

Area of operations of the Southern Rivers, 

Hawkesbury-Nepean, Hunter-central Rivers 

or Northern Rivers Catchment Management 

Authority 

Permanent fence – 20 metres either side 

Access trail, cut line for stock movement, road, telephone line or cable, power line or cable, drain to a water storage, 

bore drain, pipeline, or irrigation channel – 30 metres total width of clearing 

Firebreak where mallee species predominate – 100 metres total width of clearing 

House, shearing or machinery shed, ground tank, dam or stock yards, or similar utility – 5 hectares 

Permanent boundary fence – 6 metres either side 

Permanent internal fence – 6 metres total width of clearing 

Temporary fence – 1 metre total width of clearing 

Road or track – 6 metres total width of clearing 

Pipeline – 3 metres total width of clearing 

Habitable buildings – the asset protection zone identified for the land in a bush fire risk management plan in force 

under the Rural Fires Act 

Shearing or machinery shed – 20 metres from the outer edge of the structure 

Ground tank – 15 metres from the outer edge of the structure 

Dam – 15 metres from the outer edge of the structure 

Stockyards – 20 metres from the outer edge of the structure 

Bore – 10 metres from the outer edge of the structure 

Pump – 3 metres from the outer edge of the structure 

Water point – 3 metres from the outer edge of the structure 

Tank – 3 metres from the outer edge of the structure 

Windmill – 10 metres from the outer edge of the structure 



Page 112 of 116 

UNCLASSIFIED 



UNCLASSIFIED 


Area 

Infrastructure Buffer Distance 

Area of operations of the Western, Murray, 

Murrumbidgee, Lachlan, Central West, Namoi 

or Border Rivers-Gwydir Catchment 

Management Authority 


Permanent internal fence – 10 metres total width of clearing 

Temporary fence – 3 metres total width of clearing 

Road or track – 6 metres total width of clearing 

RAMAs on small holdings and land in areas 

zoned as rural-residential 


Permanent internal fence – 3 metres either side 

Temporary fence – 1 metre total width of clearing 

Roads and tracks – 4 metres total width of clearing 

Windmills and bores – 3 metres 

Stockyards – 3 metres 

Habitable buildings – the asset protection zone identified for the land in a bush fore risk management plan in force 

under the Rural Fires Act 

Buildings other than habitable buildings – 5 metres 



Page 113 of 116 

UNCLASSIFIED 



UNCLASSIFIED 


STEP 4: IF THE CLEARING IS NOT EXEMPT UNDER THE NV ACT, IS IT EXEMPT UNDER THE INFRASTRUCTURE SEPP? 

NOTE: To be exempt development under the Infrastructure SEPP, an activity: 


2 cannot be carried out in a critical habitat of an endangered species, population or ecological community (identified under the Threatened 

Species Conservation Act 1995 or the Fisheries Management Act 1994) and 


Additionally, clause 20(2) of the Infrastructure SEPP provides that to be exempt development, the development: 

 

 

 

 

 

must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia; and 

if it is carried out in relation to an existing building, must not cause the building to contravene the Building Code of Australia; and 

must be carried out in accordance with all relevant requirements of the Blue Book; and 

must involve no more than minimal impact on the environment or amenity of the surrounding area; and 

if it is likely to affect a State or local heritage item or a heritage conservation area, must involve no more than minimal impact on the 

heritage significance of the item or area. 

Activity is in relation to: 

Electricity 

transmission or 

distribution 

network 

Maintenance of existing access tracks in easements or 

rights of way, or on land subject to section 53 of the 

Electricity Supply Act 1995, if it is required to facilitate the 


emergency works to maintain or restore a supply of 

electricity 

Vegetation management for the purposes of an electricity 

transmission or distribution network; if the activity 

involves: 

Activity must comply with clause 

20(2) of the Infrastructure SEPP 

(a) complying with a tree management plan prepared in 

accordance with clause 103 of the Electricity Supply 

(General) Regulation 2001; or 



Page 114 of 116 

UNCLASSIFIED 



UNCLASSIFIED 



(b) vegetation management that is exempted under clause 

21 of the Native Vegetation Regulation 2005 (clause 43(k)) 

environmental management works in an existing fenced 

area or in an existing building 

Gas transmission 

or distribution 

maintenance or emergency works or routine maintenance 

to protect the pipeline, the environment or the public, if 

the works involve no greater soil or vegetation disturbance 

than necessary 

Maintenance or repair of: 

- existing access tracks or gates along pipeline corridors, if 

the maintenance or repair involves no greater soil or 

vegetation disturbance than necessary 

Clearing of vegetation (including 

any necessary cutting, lopping, 

ringbarking or removal of trees) 

and associated rectification and 

landscaping is taken to be 

construction works or routine 

maintenance works if they are 

carried out for that purpose 



and be the subject of a licence or 

authorisation under the Gas 

Supply Act 1996 

removal of litter or debris from 

stormwater quality 

improvement devices 

maintenance of access tracks 

along corridors, pipelines and 

other infrastructure 









Stormwater 

management 

systems 

emergency works or emergency maintenance or repairs to 

protect a stormwater management system 

routine maintenance or associated landscaping works 



and involve no greater soil or 

vegetation disturbance than 

necessary and does not involve 

any increase in stormwater 


concerned 



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UNCLASSIFIED 



UNCLASSIFIED 



Water Supply 

System 

emergency works or emergency maintenance or repairs to 

protect a water supply system 

routine maintenance or associated landscaping works in 

connection with a water supply system 

maintenance of access tracks along or to corridors, 












and involve no greater soil or 

vegetation disturbance than 

necessary and no increase in 

stormwater drainage or run-off 

from the site 



Page 116 of 116 

UNCLASSIFIED 



UNCLASSIFIED 


DEFINITIONS: 

Emergency works means works for the purpose of maintaining or restoring infrastructure facilities or equipment in order to ensure public 

safety or to protect buildings or the environment due to: 

(a) a sudden natural event, including a storm, flood, tree fall, bush fire, land slip or coastal inundation, or 

(b) 

accident, equipment failure or structural collapse, or 

(c) damage caused by vandalism or arson 

provided the works involve no greater disturbance to soil or vegetation than necessary and are carried out in accordance with all applicable 

requirements of the Blue Book. 

Environmental management works means: 

(a) works for the purpose of avoiding, reducing, minimising or managing the environmental effects of development (including effects on 

water, soil, air, biodiversity, traffic or amenity), and 

(b) environmental protection works. 

If the proposed clearing does not fall within an exemption under the NV Act or Infrastructure SEPP then Part 5 assessment may be required. 



Page 117 of 116 

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Environmental Operations Manual: Environmental Impact Assessment NSW 

UNCLASSIFIED 


20 KEY TERMS AND DEFINITIONS 

The key terms and definitions set out here are not the technical legal definitions used in the 

EP&A Act. As well as containing technical legal definitions of the terms below, the EP&A Act 

includes additional definitions that might be relevant to the assessment you are conducting, for 

example, the term ‘critical habitat’ and ‘threatened species’ are defined. You should review the 

EP&A Act definitions when you undertake this assessment. 

Accredited Designer: A contractor accredited on behalf of the Electricity Distributors of NSW 

for designing contestable works. 

Activity: Means the erection or demolition of a building; carrying out of a work in, on, over or 

under land; the demolition of a work; the use of land; subdivision of land (but does not include 

something for which development consent is required under Part 4 of the EP&A Act, anything 

prohibited under an environmental planning instrument or exempt development {the term 

‘activity’ is used in relation to Part 5 of the EP&A Act, and defined in Section 110). 

Appropriate Officer: Means the officer at Essential Energy responsible for environmental 

impact assessment, as outlined in Essential Energy’s delegations table at Attachment D of this 

Procedure. 

Capital Works: Works other than Recoverable Works. 

Concept Approval: Is an approval issued for a concept plan outlining the key components of 

a large project for which project approval may then be granted at a later date or in stages. 

Concept plans may be used where a project is particularly large or complex. 

Consent Authority: The authority that assesses and grants or refuses approval in relation to 

a DA (used in relation to Part 4 of EP&A Act). A consent authority may be the local council or, 

where a planning instrument specifies, it could be the Minister or a government authority. 

Contestable works: Works (including design), funded by the developer, required to enable a 

new or altered connection where the developer may choose the ASP (Designer or Constructor) 

to carry out the works. 

Control Measures: Measures which in addition to the measures defined in CECM1000.70 will 

form all the environmental controls considered necessary to mitigate the impacts to the level 

described in the EIA Checklist. 

Critical infrastructure Project: Means a project that is declared to be a critical 

infrastructure project by operation of Part 3A of the EP&A Act (see discussion under Part 3A). 

Critical habitat: Habitat of flora or fauna species declared to be critical habitat under the 

TSC Act. 

Determining Authority: Is the Minister or a public authority, such as Essential Energy, 

by/on whose behalf an activity is to be carried out, or whose approval is required for the 

activity to be carried out. For example where an approval, licence or authorisation to enable 

the proposed activity to be carried out is required, the agency responsible for issuing that 

approval will be a determining authority. It is used in relation to Part 5 of the EP&A Act. 

Examples include the DECCWW (comprising the former Environment Protection Authority and 

National Parks and Wildlife Service), the DoP and Government Department’s contributing 

funding to the project. 

Determining Officer: An appropriately trained individual at Essential Energy (usually the 

Project Manager or, for vegetation maintenance works, the VCO), with a good understanding 

of the project and the receiving environment, who is responsible for approving the assessment 

of a project under Part 5 of the EP&A Act through the EIA Checklist or VC. 

Development: Means the use of land, the subdivision of land, the erection or demolition of a 

building; carrying out of a work in, on, over or under land; and the demolition of a work (used 

in relation to Part 4 of the EP&A Act). 



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Developer: A person who arranges customer connection services for a customer or the 

reticulation of a subdivision. 

EIA Checklist: CEFD6024, based on ‘Is an EIS Required’ for certain types of works with 

minor and predictable impacts and reflecting sections 111 and 112 of the EP&A Act, clause 228 

of the EP&A Regulation 2000 and other relevant government guidelines. 

Environmental Impact: The consequential change in the environment which is both a 

function of the Likelihood of the impacts, Extent of the impacts and the Sensitivity of the 

environment. 

Environmental Impact Statement (EIS): Is a document assessing the likely environmental 

impacts of the proposed activity or development. An EIS must be prepared for certain 

prescribed activities as identified in EPI, all designated development and activities and 

developments likely to significantly affect the environment (including critical habitat), or listed 

threatened species, populations or ecological communities or their habitat. An EIS must be 

prepared in accordance with the EP&A Act - and Regulation and the requirements of the 

Director General of DoP. 

Environmental Planning Instruments (EPIs): Is a State Environment Planning Policy, a 

Local Environmental Plan and ‘deemed environmental planning instruments’ such as Interim 

Development Orders (IDOs). 

Extent: A measure of the size, scope, intensity, and duration of a specific environmental 

impact. 

Forestry Act: Means the Forestry Act 1916. 

Heritage Act: Means the Heritage Act 1977. 

Infrastructure SEPP: Is the State Environmental Planning Policy (Infrastructure) 2007. 

Is an EIS Required?: A document prepared by the (former) Department of Urban Affairs and 

Planning to provide a structured and systematic EIA process for use by determining authorities 

when assessing Part 5 activities. 

Lands: Means the Department of Lands. 

Likelihood: Means the probability of a particular environmental impact occurring. 

Listed Ecological Communities: Is a specified mix of different flora and/or fauna species 

listed as a threatened ecological community under the TSC Act. 

Listed Heritage Item: Is a building or place listed as having heritage significance under the 

Heritage Act 1977 (NSW) or the EPBC Act or an LEP. 

Listed Populations: These are groups of species found in a particular area listed as 

threatened populations under the TSC Act. 

Listed Threatened Species, Ecological Communities/Habitats: Are species of flora or 

fauna listed under the TSC Act as threatened. 

Major Project: Means a project declared by the Minister to be a project under section 75B of 

the EP&A Act. 

Model Provisions: Means the Environmental Planning and Assessment Model Provisions 1980. 

Nominated Determining Authority: Where there is more than one determining authority, 

the EP&A Act allows for the Minister to nominate one authority as the nominated determining 

authority. The nominated determining authority is responsible for the environmental 

assessment and approval process under Part 5 of the EP&A Act. 

Parts 3A, 4 and 5: Means Parts 3A, 4 and 5, respectively, of the EP&A Act. 

Project: Means development, including development activities under Part 5 of the EP&A Act, 

declared under Part 3A of the EP&A Act to be a project to which Part 3A applies. Refer to 

discussion under Part 3A. 



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Project Manager: Is the person planning the proposed activity or development, eg: 

The Essential Energy field officer attending to a customer’s supply extension request 

The Essential Energy manager organising additions/alterations to an existing works depot 

or office building 

The accredited contractor engaged by a customer to design the overhead line needed to 

get electricity supply connected to Essential Energy’s network. 

Qualified Consultant: Person/s with tertiary qualifications specific to the environmental 

impacts associated with the project which prompted the additional investigations. 

Recoverable works: Works on the electricity network undertaken at the request of 

developers which are not for the purpose of establishing a new or altered connection to the 

electricity network. 

REF Sensitive Areas: Environmentally sensitive areas which trigger the requirement for a 

Determining Officer or ASP to carefully consider whether further assessment is required. 

Review of Environmental Factors (REF): Means a documented assessment of all matters 

affecting or likely to affect the environment; including critical habitat or threatened species, 

populations or communities including their habitats by reason of the proposed activity. The 

REF is a tool to consider the likely impact of the proposed activity on the environment, 

including critical habitat, threatened species, populations or communities including their 

habitats by reason of the proposed activity and whether the impact is likely to be significant, in 

which case an EIS is required. Refer to Part 5 of the EP&A Act. 

Roads Act: Means the Roads Act 1993. 

Rural Fires Act: Means the Rural Fires Act 1997. 

Service Lines: Has the same meaning as defined in the Service Rules but generally refers to 

overhead or underground wires that form the connection between Essential Energy’s 

distribution network and the customer’s consumers’ terminals. 

Species Impact Statement (SIS): A documented assessment that addresses the 

requirements of the Director General of DECCW with respect to the TSC Act. An SIS is needed 

if the consent/determining authority decides that there is likely to be a significant effect on 

threatened species, populations or ecological communities, or their habitats. Refer to Section 

5A of the EP&A Act. 

Statement of Environmental Effects (SEE): A documented assessment of the 

environmental impact of the proposed development. It can be taken to constitute a test of 

‘significance’ of the relative environmental impact associated with the development under Part 

4 of the EP&A Act. 

Sensitivity: A measure of the environment’s ability to cope with a specific environmental 

impact including reversibility, public interest, and environmental resilience. 

SEPP: State Environmental Planning Policy. 

Service Lines: has the same meaning as defined in the Service Rules but generally refers to 

overhead or underground wires that form the connection between Essential Energy’s 

distribution network and the customer’s consumers terminals. 

SIS: Species Impact Statement. 

Standard LEP: Means the Standard Instrument (Local Environmental Plans) Order 2006. 

Supervisor: Refers to Managing Director, Group General Manager, General Manager, Regional 

General Manager or Immediate Supervisor as noted. In OHS & EMS documentation the term 

“Supervisors” refers to authorised, responsible and accountable personnel who demonstrate 

safety leadership behaviours. 

Transmission: Electricity works greater than 11,000V. 



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Glossary of the Abbreviations Used in this Document 

ASP: A contractor accredited under Part 10 of the ‘Electricity Supply (General) Regulation 

2001 (NSW)’ for undertaking contestable works. 

CMA: Means a Catchment Management Authority established under the Catchment 

Management Authorities Act 2003. 

DA: Development Application. 

DCP: Development Control Plan. 

DECCW: Department of Environment, Climate Change and Water. 

DEH: Department of the Environment and Heritage (Cth). 

DNR: Department of Natural Resources. 

DoP: Department of Planning. 

II: Industries and Investment 

EAR: Environmental Assessment Report. 

EIA: Environmental Impact Assessment. 

EIS: Environmental Impact Statement. 

EMF: Electric and Magnetic Fields. 

EMP: Means an Environment Management Plan which details all environmental controls 

required for the project to comply with EIA. 

EP&A Act: Environmental Planning and Assessment Act 1979 (NSW). 

EP&A Regulation: Means the Environmental Planning and Assessment Regulation 2000 

(NSW). 

EPBC Act: Means the Environment Protection and Biodiversity Conservation Act 1999 (Cth). 

EPI: Environmental Planning Instrument. 

ES Act: Means the Electricity Supply Act 1995. 

ETL: Electricity Transmission Line. 

EPI: Environmental Planning Instrument: being a State Environmental Planning Policy (SEPP), 

Local Environmental Plan (LEP). 

FM Act: Means the Fisheries Management Act 1994. 

GIS: Means Essential Energy’s Geographic Information System. 

IDO: Interim Development Order. 

LEP: Local Environmental Plan. 

LG Act: Means the Local Government Act 1993. 

NEC: National Electricity Code. 

NHMRC: National Health and Medical Research Council. 

NPW Act: Means the National Parks and Wildlife Act 1974. 

NPW Regulation: Means the National Parks and Wildlife Regulation 2002. 

NV Act: Means the Native Vegetation Act 2003. 

NV Regulation: Means the Native Vegetation Regulation 2005. 

RAMA: Means Routine agriculture management activity as defined in the NV Act and NV 

Regulation. 

REF: Review of Environmental Factors. 

SEE: Statement of Environmental Effects. 

SEPP: State Environmental Planning Policy. 

SIS: Species Impact Statement. 

VCO: Means Vegetation Control Officer. 



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21 REFERENCES 

CEOF6024 – Environmental Impact Assessment Checklist 

CEOF6470 – Consultant Checklist for the Preparation of REF 

CEOP1096 – Information Security Sensitivity Labelling and Handling 

CEOP5041 – Project Safety and Environment Plan 

CECM1000.10 – SSHE Manual – Hazardous Materials 

CECM1000.72 – SSHE Manual - Air 

CECM1000.73 – SSHE Manual - Water 

CECM1000.74 – SSHE Manual – Noise 

CECM1000.75 – SSHE Manual – Waste 

CECM1000.76 – SSHE Manual – Land Use 

CECM1000.77 – SSHE Manual – Flora and Fauna 

CECM1000.78 – SSHE Manual – Community Consultation and Interaction 

CECM1000.79 – SSHE Manual – Cultural and Heritage 

CECM1000.90 – SSHE Manual – Handbook 

DECCW ‘Interim Community Guidelines for Community Consultation’: 

www.nationalparks.nsw.gov.au/PDFs/interim_consulation_guidelines.pdf 

DECCW ‘Threatened species assessment guidelines – The assessment of significance’ 

DoP ‘Environmental Impact Statement Guidelines’ 

DoP ‘Best Practice Guidelines - ESD in EIA’ 

DoP ‘Is an EIS required? Best Practice Guidelines for Part 5 of the Environmental Planning and 

Assessment Act 1979’ www.planning.nsw.gov.au/assessingdev/pdf/gu_isaneisrequired.pdf 

EC22 - Guidelines for the Development of Electrical System – Community and Environmental 

Considerations – April 1992 

Section 111 and 112 of the EP&A Act and clause 228 of the EP&A Regulation: 

www.legislation.nsw.gov.au/maintop/scanact/inforce/NONE 

Environmental Planning and Assessment Act 1979 (NSW) 

Environmental Planning and Assessment Regulation 2000 

Environmental Planning and Assessment Amendment (Miscellaneous) Regulation 2010 


Fisheries Management (General) Regulation 200 

Fisheries Management Legislation Amendment Regulation 2010 (2010-105) 



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22 REVISIONS 

Revision 

Number 


Original Version 

Section 

All 

2 Various 

Details of Changes in this Revision 

Was previously CEM7022.01 

Amended in accordance with changes to Fisheries and EP&A 

Amending Regulations. References updated. 

3 All Rebranded to Essential Energy template 



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CECM1000.70 - Environmental Operations Manual - Essential Energy

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