The Environment Effects Act 1978 in Victoria requires an assessment of the potential environmental impacts of a proposed development.

An Environment Effects Statement (EES) usually has:

• a description of the proposed development
• an outline of public and stakeholder consultation undertaken during investigations and the issues raised
• a description of the existing environment that may be affected
• predictions of significant environmental effects of the proposal and relevant alternatives
• proposed measures to avoid, minimise or manage adverse environmental effects
• a proposed program for monitoring and managing environmental effects during project implementation.

1.1.1 Referral

Project referred to the Minister for Planning.

A project is referred by a proponent (an individual or an organisation) or decision maker. Learn more about EES referrals and referral criteria.

1.1.2 Decision

Minister's decision on the need for an EES.

The minister will make a decision typically in 20 business days of accepting a referral, either:

• EES is needed. Approval decisions are put on hold until the EES process is completed.
• EES is not needed. Decision makers can go ahead with their approval process.
• EES is not needed but conditions must be met.

Conditions might relate to the location or dimensions of the project or mitigation measures, or requirements for further studies or consultation.

More information about determining the need for an EES.

3. Scoping

Requirements for EES studies and report are set.

The matters to be investigated and documented in an EES are set out in scoping requirements issued by the minister.

Draft scoping requirements are prepared following input from the proponent and other agencies. These are released for public comment for at least 15 business days before the final scoping requirements are published.

4. Preparing the EES

The proponent prepares the EES.

The proponent must prepare a quality EES, as well as a study program and consultation plan consistent with the scoping requirements.

A Technical Reference Group (TRG) is appointed to supply advice to the department and the proponent during the preparation of the EES. The TRG includes members from government agencies, local government and statutory authorities.

Learn more about preparing a consultation plan and peer review and quality assurance for an EES.

5. Public review

Exhibition of EES and public submissions.

When the minister is satisfied that the EES is suitable, it is released for public comment for between 20 to 30 business days. During this time, the public can make written submissions.

The minister may appoint an inquiry to evaluate the effects of the project, after reviewing the EES studies and public submissions. The inquiry may take one of 3 forms, depending on how complex the issues are:

• a desktop review of written submissions
• a conference of submitters and review of submissions
• a formal hearing, where the proponent and submitters can speak and present expert witnesses.

Find out more about public review of an EES.

6. Assessment

Minister's assessment of environmental effects.

As the final stage of the EES process, the minister prepares an assessment considering all relevant information including the EES documents, public submissions, the proponent's response and the inquiry report. The minister's assessment is normally provided within 25 business days of the inquiry report being finalised.

The assessment includes findings on the environmental effects, and may conclude that the project:

• will have an acceptable level of environmental effects; or
• will not have an acceptable level of environmental effects; or
• would need major modifications and/or further investigations to set up that acceptable outcomes would be achieved.

More information about the final assessment.

7. Informing decisions

Decision makers consider assessment.

Decision makers must consider the minister's assessment in deciding whether to approve a project under Victorian law or to authorise public works.

While recommendations are authoritative, they are not usually binding on decision makers.

In April 2024, the Minister for Planning determined that an EES is required for the VNI West project. This was because the project has the potential for a range of significant effects relating to:

• Biodiversity and ecological values, including loss, degradation or fragmentation of native vegetation and habitat
• Aboriginal and historic Cultural Heritage values
• Visual and landscape values
• Water environments including waterways, wetlands and groundwater and
• Agriculture, other land uses and communities.

The project also has the potential for cumulative adverse effects on the above-mentioned values from the combination of proposed works, and other existing and publicly known proposed projects within the region.

An EES is the most comprehensive and robust assessment process available in Victoria. The EES will provide an integrated and transparent examination of the proposed project and its environmental effects.

The EES is expected to be on public exhibition in 2026. During this period, the public can make submissions on the EES.

The project was also referred to the Australian Government under the Commonwealth’s Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The delegate for the former Minister for the Environment determined in June 2024 that the project is a ‘controlled action’ requiring assessment and approval under the EPBC Act. The provisions for the Australian Government’s controlled action decision under the EPBC Act are:

• Ramsar wetlands (sections 16 and 17B);
• listed threatened species and communities (sections 18 & 18A); and
• listed migratory species (sections 20 & 20A).

The EES process is accredited to assess impacts on matters of national environmental significance under the EPBC Act through the Bilateral (Assessment) Agreement between the Commonwealth and the State of Victoria. The EES for the project will be undertaken in accordance with the bilateral agreement; there will be no separate assessment by the Commonwealth. The Victorian Minister’s assessment will be provided to the Commonwealth to inform their decision about the approval required for the project under the EPBC Act. The final EES scoping requirements identify matters relating to the EPBC controlled action decision, so that the EES can appropriately address these matters of national environmental significance that need to be assessed.