Review of Environmental Factors (REF) in Australia NSW

The Review of Environmental Factors, is a process used in New South Wales, Australia to assess the environmental impacts of a proposed development or activity. Industry specialists such as environmental consultants and ecologists are responsible for preparing the REF to evaluate all foreseeable impacts that a project may have on the environment.

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Christopher Botfield

The Review of Environmental Factors, is a process used in New South Wales, Australia to assess the environmental impacts of a proposed development or activity. Industry specialists such as environmental consultants and ecologists are responsible for preparing the REF to evaluate all foreseeable impacts that a project may have on the environment.

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The REF is a key process in Australia's environmental planning and assessment framework. It was established under the Environmental Planning and Assessment Act 1979 to help streamline development approvals while maintaining environmental protection.ย 

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The main laws and regulations governing REF requirements in NSW include the Environmental Planning and Assessment Act 1979, the Biodiversity Conservation Act 2016, and the Protection of the Environment Operations Act 1997. REF is mandated for activities that require development consent or an approval under relevant legislation but are not designated as requiring a full Environmental Impact Statement.

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The core purpose of conducting an REF is to assess whether a proposed project or activity has the potential for significant environmental impacts. It allows the consent authority to determine the appropriate level of assessment and approval required. Figures requiring an REF generally involve smaller-scale developments like upgrades or maintenance works. Major projects expected to cause substantial impacts must go through a more rigorous Environmental Impact Statement process.

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The key difference between an REF and EIS lies in the scale of impacts anticipated from the proposal. An REF provides a streamlined preliminary environmental assessment suitable for activities unlikely to significantly affect the environment. An EIS involves a more detailed investigation and public consultation process mandated for projects likely to cause considerable environmental harms, such as large residential subdivisions or industrial complexes.

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What is a Review of Environmental Factors?

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The Review of Environmental Factors is an environmental assessment report prepared under the NSW Environmental Planning and Assessment Act 1979. It involves scientifically evaluating the likely environmental impacts of a proposed activity or project, assessing factors like air, water, soil, vegetation and biodiversity. Introduced in 1979, its key purpose is to encourage sustainable development by identifying and mitigating ecological risks upfront.ย 

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By reviewing key environmental factors early in planning, major environmental issues like pollution, habitat loss and resource depletion can potentially be prevented. Overall the REF helps promote environmentally conscious decision making in development and land use management across NSW.

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What is the meaning of environmental factors?

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Environmental factors refer to the biological and physical elements surrounding any living organism, according to renowned American ecologist Eugene Odum.

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Some key scientific terms are:

  • Abiotic factors - Non-living physical and chemical elements like air, water, soil and climate.
  • Biotic factors - The living parts of an ecosystem like plants and animals.

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The five main environmental factors identified by the International Association for Impact Assessment are:

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  1. Air - Includes air quality, greenhouse gases, and stratospheric ozone levels.
  2. Water - All freshwater resources like rivers, lakes and groundwater, as well as water quality.
  3. Climate - Weather patterns and average temperatures in a region.
  4. Soil - Geology, terrain and soil characteristics that influence land usage.
  5. Natural vegetation and landforms - Native plant and animal communities and habitats in an area.

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These five factors are important for the health of both humans and nature. Things like air pollution can hurt people's lungs while dirty water can spread disease. Climate changes may increase certain illnesses. Poor soil affects what we can grow to eat. An REF systematically examines direct and indirect human health implications of environmental changes from proposed activities.

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Main reasons for conducting a Review of Environmental Factors

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The main reasons for conducting an REF include:

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  1. Identify environmental impacts and risks
  2. Ensure statutory compliance with relevant laws
  3. Inform stakeholders and facilitate early engagement
  4. Determine appropriate assessment and approval pathway
  5. Recommend mitigation, management and monitoring measures
  6. Enable ecologically sustainable development decisions
  7. Prevent environmental damage and associated health issues
  8. Maintain transparency and accountability in planning

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Addressing these aspects upfront through an REF helps avoid costly conflicts, cleanups, litigation or project delays down the line.

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How to identify if you project need a Review of Environmental factors report

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A project requires an REF report if it meets the criteria for an activity that is not State Significant Infrastructure or State Significant Development as defined under the Environmental Planning and Assessment Act 1979. Some indicators that an REF is needed include proposals involving:

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  • Urban rezoning or developments over 5ha
  • Extractive industries or waste facilities
  • Agriculture or forestry activities beyond existing use rights
  • Electricity, gas, oil or pipeline installations
  • Water management or flood works
  • Impacts to threatened species habitat

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Proponents can check with local councils or the Department of Planning and Environment if uncertain whether their activity screening warrants an REF. An environmental consulting firm can also assist in this determination.

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What are the laws for the review of environment factors?

The key laws governing REF requirements in New South Wales, Australia include:

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  • Environmental Planning and Assessment Act 1979 (NSW) - Mandates REF process be followed for activities requiring assessment approval.
  • Biodiversity Conservation Act 2016 (NSW) - REF must consider impacts to threatened species and their habitats.
  • Protection of the Environment Operations Act 1997 (NSW) - Addresses pollution licensing and regulates activities to prevent environmental harm.

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REF processes help ensure compliance with Australia's national environmental protection and biodiversity conservation legislation as well as international agreements on sustainability and climate change to which Australia is signatory.

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Who is obliged by law to do a review of environmental factors?

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Proponents of activities or developments that require approval under relevant NSW legislation are legally required to conduct an REF unless designated as State Significant. This includes local councils, government agencies, mining companies, property developers, and others undertaking activities that may impact natural or cultural heritage.

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Who is exempt from a review of environmental factors?

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Exempt activities that do not require an REF include standard agricultural activities, operating or modifying lawfully approved infrastructure, carrying out licensed scheduled activities if impacts are in accordance, and State Significant Infrastructure or State Significant Development assessed by a full EIS directly through Department of Planning processes.

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Who is the responsible to prepare a review of environmental factors?

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By law, the proponent of an activity requiring assessment approval is responsible for preparing the REF.

However, proponents must engage an environmental consulting firm to conduct the REF. These firms employ qualified environmental assessment practitioners.

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Environmental assessment practitioners have specialised university qualifications in areas such as ecology and planning. They are licensed by the NSW government to perform environmental impact assessments.

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By guiding the REF, consulting firms provide assurance impacts are properly evaluated to inform approval decisions. Their involvement ensures legislation is followed to protect NSW's environment.

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Who is the responsible to release an Environmental impact assesment in Nsw Australia?

An REF is released by the proponent to the relevant local or state government consent authority for consideration in their development approval decision-making process. However, professional environmental consulting firms licensed in NSW and staffed by environmental assessment practitioners with tertiary qualifications are lawfully authorised to prepare and submit the REF on behalf of proponents. Their education and experience in fields like ecology, planning and engineering guarantee the necessary expertise to properly investigate environmental impacts.

What is the difference between an REF and an EIS?

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The main difference between an REF and EIS is the scale of impacts predicted from the proposal. An REF provides a preliminary assessment of generally lower-impact activities unlikely to cause significant environmental effects through mitigation.ย 

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In contrast, an EIS involves extensive studies and community consultation for proposals such as large mines, industrial parks or dams that are highly likely to considerably modify the environment without effective controls.

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When is the Enviromental impact statment required?

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An Environmental Impact Statement (EIS) is mandated under the Environmental Planning and Assessment Act 1979 for activities designated as State Significant Development or State Significant Infrastructure. These are major projects that require upfront assessment by the Department of Planning and Environment due to their scale and anticipated impacts. Some examples include new coal seam gas fields, ports, power stations or major roadworks.