Introduction

For mining, infrastructure and public sector projects in New South Wales, understanding the environmental approval pathway is an important part of project planning.

One of the key assessment pathways available under NSW environmental planning legislation is a Review of Environmental Factors (REF).

But what exactly is an REF, when is one required, and what does the assessment involve?

What is a Review of Environmental Factors (REF) in NSW?

An REF is one of the key environmental assessment documents used in NSW for activities undertaken or approved by public authorities where development consent is generally not required.

REFs sit within Part 5 of the Environmental Planning and Assessment Act 1979 (EP&A Act). Part 5 requires a public authority, acting as the determining authority, to examine and take into account the environmental impacts of an activity before deciding whether it should proceed.

So, what does an REF actually assess, and when might one be required?

When is an REF required?

Unlike a Development Application assessed under Part 4 of the EP&A Act, a Part 5 activity is typically assessed by the public authority responsible for carrying out or approving the activity.

Common examples include road and transport works, utility infrastructure, public facilities, environmental works, and other infrastructure that is permitted without development consent under an environmental planning instrument

The appropriate assessment pathway will depend on the nature, scale and location of the proposed activity, as well as the relevant planning and environmental legislation.

What does an REF assess?

An REF provides the information necessary for the determining authority to consider matters such as:

• biodiversity and vegetation
• Aboriginal and historic heritage
• noise and vibration
• traffic and access
• air quality
• soils, erosion and contamination
• surface water and groundwater
• visual and landscape impacts
• waste and resource use
• social and economic impacts
• cumulative impacts.

The assessment must also consider the relevant environmental factors prescribed by section 171 of the Environmental Planning and Assessment Regulation 2021.

An REF is more than a checklist

Importantly, an REF is not simply an administrative checklist.

Its purpose is to determine the likely environmental consequences of an activity, identify appropriate mitigation and management measures and assist the determining authority in deciding whether the activity can proceed.

A well-prepared REF should therefore clearly connect the proposed activity with its potential environmental impacts and demonstrate how those impacts will be avoided, minimised or managed.

What happens if the impacts are significant?

Where an activity is likely to significantly affect the environment, the Part 5 process may require a more detailed environmental impact assessment rather than relying on an REF alone.

Determining the appropriate assessment pathway early in the project can help identify the level of environmental assessment and supporting investigations required.

For many NSW infrastructure projects, a well-prepared REF therefore performs much the same practical role as an EIS or SEE: clearly describing the proposal, identifying its environmental risks and demonstrating how those impacts will be avoided, minimised and managed.

Why is a well-prepared REF important?

A robust REF can help project teams and determining authorities to:

• Identify environmental constraints early in project planning
• Understand potential environmental risks and impacts
• Develop appropriate mitigation and management measures
• Support informed decision-making
• Provide a clear record of the environmental assessment undertaken

Want more information on REFs or other planning approval pathways? Atlantech can help you navigate the NSW planning approvals process.