Murrumbidgee to Googong Water Transfer – Project Approval
The Project:
The Murrumbidgee to Googong Water Transfer involves transferring water from the Murrumbidgee River (ACT) to Burra Creek (NSW). The water will then flow approximately 10 kilometres down Burra Creek into the Googong Reservoir. The project will reduce the severity of future water restrictions, increase the diversity of water sources supplying the ACT region and provide additional supply into Googong Reservoir.
Environmental Approvals:
As the pipeline crosses from the ACT into NSW, the M2G project presented significant environmental approval challenges from the beginning. It meant running two environmental approval processes concurrently with the aim of gaining approval within each jurisdiction around the same time. Luckily both the ACT Environmental Assessment process and the NSW Environmental Impact Statement processes were similar both in principal and timing.
Late last year, the M2G project became a 'controlled action', meaning the commonwealth government deemed the project likely to have a significant impact on a matter of national environmental significance. This is in addition to the environmental approval process of both the ACT and NSW governments. ACTEW have been preparing a Public Environmental Report (PER) for the Federal Government to assess the likely environmental impact the project will have.
With any project of a large size and somewhat critical significance it is likely to attract commonwealth interest. The Environmental Protection and Biodiversity Conservation Act 1999 (the "EPBC Act") is the federal governments key environmental legislation.
If deemed by the commonwealth that a project would likely have a significant impact on a matter protected by the EPBC Act, then you will be required to refer the proposed action to them for assessment. At this stage the Minister will determine whether they will make the project:
1. a controlled action; or
2. not a controlled action if carried out in the manner specified; or
3. not a controlled action.
Multi-jurisdictional Approach:
From the outset, it is very important to identify particular environmentally significant areas and which authority has jurisdiction over them. More then likely there will be overlapping within legislation where both State (or territory) and Federals Departments may require assessment. There are bi-lateral agreements in place between most states and the federal government to avoid assessment duplication, however, when a project crosses borders the bi-lateral agreements become unusable. This is because there is not a one size fits all, and as we have seen, this can add time and costs onto a project.
It is important to note that after identifying an environmental area as controlled under the EPBC Act the federal government has sole discretion in determining whether the impact will be of ‘national environmental significance’. That is, a consultant may be somewhat justified in advising a project not to have national environmental significance, however if the federal government deems otherwise, the only avenue of appeal would be through a timely administrative process.
The old proverb ‘a stitch in time saves nine’ rings true in these circumstances. If the Commonwealth process is commenced at the same time as the others, it runs concurrently with them. This will ensure all ‘I’s are dotted’ and there is no avenue for cries of undue process to be heard.
The Murrumbidgee to Googong Water Transfer is hoping to have all environmental approvals by September 2010 with construction to commence soon after. If you would like further information on the project or the commonwealth approval process, please contact James Gleeson on 0408 645 537 or jgleeson@padpartners.com.au.
The Murrumbidgee to Googong Water Transfer involves transferring water from the Murrumbidgee River (ACT) to Burra Creek (NSW). The water will then flow approximately 10 kilometres down Burra Creek into the Googong Reservoir. The project will reduce the severity of future water restrictions, increase the diversity of water sources supplying the ACT region and provide additional supply into Googong Reservoir.
Environmental Approvals:
As the pipeline crosses from the ACT into NSW, the M2G project presented significant environmental approval challenges from the beginning. It meant running two environmental approval processes concurrently with the aim of gaining approval within each jurisdiction around the same time. Luckily both the ACT Environmental Assessment process and the NSW Environmental Impact Statement processes were similar both in principal and timing.
Late last year, the M2G project became a 'controlled action', meaning the commonwealth government deemed the project likely to have a significant impact on a matter of national environmental significance. This is in addition to the environmental approval process of both the ACT and NSW governments. ACTEW have been preparing a Public Environmental Report (PER) for the Federal Government to assess the likely environmental impact the project will have.
With any project of a large size and somewhat critical significance it is likely to attract commonwealth interest. The Environmental Protection and Biodiversity Conservation Act 1999 (the "EPBC Act") is the federal governments key environmental legislation.
If deemed by the commonwealth that a project would likely have a significant impact on a matter protected by the EPBC Act, then you will be required to refer the proposed action to them for assessment. At this stage the Minister will determine whether they will make the project:
1. a controlled action; or
2. not a controlled action if carried out in the manner specified; or
3. not a controlled action.
Multi-jurisdictional Approach:
From the outset, it is very important to identify particular environmentally significant areas and which authority has jurisdiction over them. More then likely there will be overlapping within legislation where both State (or territory) and Federals Departments may require assessment. There are bi-lateral agreements in place between most states and the federal government to avoid assessment duplication, however, when a project crosses borders the bi-lateral agreements become unusable. This is because there is not a one size fits all, and as we have seen, this can add time and costs onto a project.
It is important to note that after identifying an environmental area as controlled under the EPBC Act the federal government has sole discretion in determining whether the impact will be of ‘national environmental significance’. That is, a consultant may be somewhat justified in advising a project not to have national environmental significance, however if the federal government deems otherwise, the only avenue of appeal would be through a timely administrative process.
The old proverb ‘a stitch in time saves nine’ rings true in these circumstances. If the Commonwealth process is commenced at the same time as the others, it runs concurrently with them. This will ensure all ‘I’s are dotted’ and there is no avenue for cries of undue process to be heard.
The Murrumbidgee to Googong Water Transfer is hoping to have all environmental approvals by September 2010 with construction to commence soon after. If you would like further information on the project or the commonwealth approval process, please contact James Gleeson on 0408 645 537 or jgleeson@padpartners.com.au.
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