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.

The EES process is Victoria’s most rigorous, transparent and comprehensive process for assessing the potential environmental impacts of large-scale projects, and how those effects will be managed during construction and operation.

An EES brings together the research, consultation and reasoning behind the projects and examines how the proposed works will potentially affect the environment. It is designed to provide decision-makers and the public with a detailed, rigorous report, and ensure the potential effects of a project are thoroughly understood to inform approval decisions.

The purpose of the EES is to:

• examine the existing environment that could be affected by the project

• consider the potential environmental, social, cultural and economic effects of the
  proposed project

• document the public and stakeholder consultation completed during investigations
  and the issues raised

• document how adverse effects have been avoided, minimised and/or managed

• propose an Environmental Management Framework and set of Environmental Delivery Standards for managing environmental effects during the construction and operation of the projects

1. Project is referred: The Minister for Planning is asked to look at the project.

2. Minister decides if an EES is needed:

• If yes, approval process is paused until the EES is complete.
• If no, approval process can continue.
• Sometimes, an EES is not needed but conditions must be set.

3. Scoping requirements are set: The Minister outlines what needs to be studied and reported. The public can give feedback before these are finalised.

4. EES is prepared: The project team completes studies and community consultation. A Technical Reference Group (TRG) provides advice. The TRG includes members from government agencies, local government and statutory authorities.

5. Public review: When the minister is satisfied, the EES is shared for public comment (usually 20–30 business days). During this time, people can make written submissions. An inquiry may be held to review the project’s effects.

6. Minister’s assessment: The Minister reviews all relevant information and decides if the project’s environmental effects are acceptable, unacceptable, or need changes/further investigations.

7. Final decisions: Other authorities use the Minister’s assessment to decide if the project can go ahead. The assessment guides decisions but isn’t binding.

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 to the EES process.

A Technical Reference Group (TRG) has been appointed by DTP to provide advice throughout the process. Agencies invited to participate in the TRG include representatives from government agencies such as the Environmental Protection Agency (EPA), Parks Victoria, Agriculture Victoria, regional authorities, municipal councils, and Registered Aboriginal Parties (RAPs).

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.