3-1

3.Project Approval requires approval under the Commonwealth EPBC

Act, amendments to relevant local Planning Schemes
Requirements under the Planning and Environment Act 1987 and
the preparation of a Cultural Heritage Management
Plan (CHMP) under the Aboriginal Heritage Act 2006.
This section outlines the approvals process for the
The relationship of these approvals to the EES is
Project identifying the key approvals required in the
shown in Figure 3-1 and further described below in
context of relevant legislation.
Sections 3.1 and 3.2.
As previously discussed, the Project requires
assessment under the Environment Effects Act 1978.
In addition to this assessment, the Project also

Cultural Draft EES EPBC Act

Heritage Planning
Management Scheme
Plan Amendment

Preparation of Project to be
Preparation of Preparation of
draft CHMP assessed under
draft PSA EES
bilateral
documentation documentation
agreement

Public exhibition of EES, draft PSA and draft

CHMP

Inquiry hearings and preparation of Panel Report

Minister for
Plannings
Assessment
prepared

Assessment of Amendment to Commonwealth

CHMP by Planning decision
Registered Scheme
Aboriginal
Party

Figure 3-1 Approvals process

The relevant controlling provisions for the Project

3.1 Commonwealth Approval under the EPBC Act are:
Requirements
Threatened species and ecological communities
3.1.1. Environment Protection and (Sections 18 and 18A).
Biodiversity Conservation Act 1999 The EES process is to be applied as an accredited
The Project was referred to the Commonwealth process under the EPBC Act in accordance with the
Government under the EPBC Act by VicRoads on the bilateral agreement between the Commonwealth and
10 September 2010. Victorian governments. This means that the
The delegate for the Minister for Sustainability, Commonwealth Minister for Sustainability,
Environment, Water, Population and Communities, Environment, Water, Population and Communities
determined the Project to be a controlled action that will make a decision whether to approve the Project
requires assessment and approval under the EPBC under the EPBC Act, based on the EES and not a
Act on the 8 October 2010. separate assessment process.
3-2

3.2 Victorian Approval

Requirements
3.2.1. Environment Effects Act 1978
The Environment Effects Act 1978 (EE Act) provides
for the assessment of projects that are capable of
having a significant effect on the environment. The
EE Act does this by enabling the Minister for
Planning (the Minister) to decide whether an EES
should be prepared for a Project.
The Ministerial Guidelines for Assessment of
Environmental Effects under the EE Act (2006)
specify criteria under which a project must be
referred to the Minister for Planning for a decision on
the need for an EES.
A referral for the Project was submitted to the
Minister on the 26 August 2010. A decision was
made by the Minister on the 22 October 2010
requiring VicRoads to prepare an EES under the
EE Act to document the likely environmental effects
of the proposal.
This decision was made due to the following
reasons:
The proposed alignment is likely to result in
significant adverse effects on biodiversity,
including on native vegetation, of listed flora and
fauna species and communities of both state and
national significance.
The opportunity to avoid or minimise significant
adverse effects through alignment selection,
roadway design as well as mitigation and
offsetting measures is uncertain and requires
further investigation.
An integrated assessment of environmental
effects associated with alternative alignments,
including biodiversity, waterways, existing land
uses and infrastructure is needed to inform
decision-making.
While VicRoads is responsible for preparing the EES,
the Department of Planning and Community
Development (DPCD) manages the EES process. The
EES process for the Princes Highway Duplication -
Traralgon East to Kilmany is outlined in Figure 3-2.
The assessment of the Project under the EE Act will
inform decision makers including the Minister for
Planning, the Commonwealth Minister for
Sustainability, Environment, Water, Population and
Communities, and the Registered Aboriginal Party
(RAP).
Figure 3-2 Key steps of the Princes Highway
Duplication EES Process
 3-3

EES Scoping Requirements The objective of the TRG was to enable relevant
The EES Scoping Requirements provide guidance on government departments and local councils to
the range of environmental matters to be provide input and guidance to the EES process in
investigated and documented in the EES including relation to the adequacy of investigations being
Commonwealth requirements under the EPBC Act. undertaken and also the Projects compliance with
The draft EES Scoping Requirements for the Project statutory requirements.
were placed on public exhibition between 24 January The TRG was made up of representatives from the
and 14 February 2011 and then issued by the following government departments, local councils
Minister for Planning in their final form on 9 March and other organisations:
2011.
Department of Planning and Community
Technical Reference Group Development (DPCD)
A Technical Reference Group (TRG) was established
Department of Sustainability and Environment
and chaired by DPCD. As set out in the Terms of
(DSE)
Reference by DPCD, the role of the TRG for the
Princes Highway Traralgon East to Kilmany EES was Commonwealth Department of Sustainability,
to provide advice to the proponent (VicRoads) and Environment, Water, Population and
DPCD, as appropriate including: Communities (DSEWPaC)

Policies, strategies and statutory provisions, Aboriginal Affairs Victoria (AAV)

including any legislation, regulations and
Victorian Environment Protection Authority (EPA)
guidelines that apply to the Project.
Wellington Shire Council
Issues warranting investigation as part of the
siting, design and operation of the Project, as Victorian Department of Primary Industries (DPI)
well as the proponents draft responses to the
West Gippsland Catchment Management
issues.
Authority (WGCMA)
Proposed methodologies for the EES studies.
Heritage Victoria.
The proponents public information and
Although Latrobe City Council elected not to be part
stakeholder consultation program for the EES.
of the TRG, the council was provided with drafts
The adequacy of draft EES specialist study reports and minutes of meetings throughout the
reports, as well as components of the draft EES preparation of the EES.
Main Report.
The first TRG meeting was held on 11 January 2011
Coordination of applicable statutory assessment and six TRG meetings were held throughout the EES
and approval processes. process (see Table 3-1 for details).

Table 3-1 Technical Reference Group meetings

TRG Meeting Subject Reports Reviewed

EES Process & TRG Role, Project Description, Schedule &

No 1
Study Program, Draft EES Scoping Requirements and Draft N/A
11 January 2011
Consultation Plan

No 2 EES Methodology, Evaluation Framework, TRG meeting

N/A
18 May 2011 and review schedule, site visit.
No 3 Existing conditions assessments, Phase 1 options
All draft Existing Conditions assessment reports
23 & 24 June 2011 assessment.

All draft impact assessments reports (which

No 4 Phase 2 options assessment, all impact assessments incorporate the existing conditions
(except Flora and Fauna, Economics, Noise and Aboriginal assessments) except Flora and Fauna,
5 September 2011 Cultural Heritage) Economics, Noise and Aboriginal Cultural
Heritage.

No 5 Phase 2 options assessment, impact assessment reports Flora and Fauna, Economics, Noise and
(Flora and Fauna, Economics, Noise and Aboriginal Cultural Aboriginal Cultural Heritage impact assessment
21 September 2011 Heritage) reports

No 6 Incorporation of TRG comments into impact assessment

All impact assessment reports
8 November 2011 reports
3-4

3.2.2. Planning Scheme Amendment

The Planning and Environment Act 1987 establishes
a framework for planning the use, development and
protection of land in Victoria in the present and long-
term interest of all Victorians. The Planning and
Environment Act 1987 sets out the legislative basis
to ensure that standard planning provisions are
prepared and approved throughout Victoria.
The Planning and Environment Act 1987, provides
for planning control through the establishment of
planning schemes. A planning scheme is a statutory
document which sets out objectives, policies and
provisions relating to the use, development,
protection and conservation of land in the area to
which it applies. A planning scheme regulates the
use and development of land through planning
provisions designed to achieve those objectives and
policies. The Wellington and Latrobe Planning
Schemes are relevant to the Project. The Wellington
Planning Scheme is administered by the Wellington
Shire Council, and the Latrobe Planning Scheme is
administered by the Latrobe City Council.
A draft Planning Scheme Amendment (PSA) is
included in this EES (refer Section 22). Whilst the
draft PSA is being exhibited with the EES, it is not
formal exhibition of a PSA within the meaning of the
Planning and Environment Act 1987, and a
subsequent statutory process for the PSA would
follow assessment of the EES.
Figure 3-3 Planning Scheme Amendment process
It is proposed that the planning scheme
amendments to each of the LaTrobe City and
Wellington Shire planning schemes be processed
pursuant to Section 20(4) of the Planning and
Environment Act 1987 (the Minister for Planning
being the planning authority).
If this Ministerial process is used, the Minister will
consider an exemption from the notice requirements
of the Planning and Environment Act 1987. In this
instance, it is unlikely that the planning scheme
amendment would be publically exhibited, given that
the draft planning scheme amendment outlined in
this EES would have already been exhibited and the
matters to be considered as part of the PSA will have
already have been considered as part of this EES.
A summary of the proposed planning scheme
amendment process for the Project is provided in
Figure 3-3.
 3-5

3.2.3. Cultural Heritage Management Plan

The Aboriginal Heritage Act 2006 and associated
regulations require the preparation of a Cultural
Heritage Management Plan (CHMP) for activities
which are defined High Impact Activities (activities
which cause significant ground disturbance) and are
within an Area of Cultural Heritage Sensitivity.
Under Section 49 of the Aboriginal Heritage Act
2006, a CHMP must be prepared for any project for
which an EES has been required. The Project is a
High Impact Activity which would intersect areas of
cultural heritage sensitivity and requires an EES.
Under the Aboriginal Heritage Act 2006, Registered
Aboriginal Parties (RAPs) are the decision-makers for
a designated area and are determined by the
Aboriginal Heritage Council. The RAP for this Project
is the Gunaikurnai Land and Waters Aboriginal
Corporation.
The Environmental Effects Advisory Note: Aboriginal
Figure 3-4 CHMP process in conjunction with EES
cultural heritage and the environment effects
process (DPCD 2007) specifies that the CHMP for the
Project can be prepared in conjunction with the EES
exhibited as a draft, with the final CHMP being
assessed after the Minister for Planning makes the
Assessment of the EES. The reason a draft is
exhibited for Projects such as this is because there is
a higher degree of uncertainty or complexity and a
range of project options are being considered
therefore it is not prudent to pre-empt project
design or location decisions. This enables the details
of a CHMP to be resolved as part of the development
and assessment of an EES, in the broader context of
other environmental, social and economic issues.