---
title: "EPBC Act referral preparation checklist (Commonwealth)"
url: "https://ailawframework.com/precedents/planning-and-environment/epbc-referral-preparation-checklist"
type: "precedent"
site: "AI Law Framework"
id: "a12-epbc-referral-preparation-checklist"
area_id: "A12"
kind: "checklist"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-17"
---

# EPBC Act referral preparation checklist (Commonwealth)

> Checklist for deciding whether to refer a proposed action under the EPBC Act and for preparing a complete referral, reflecting the 2025 reform amendments in force and the National EPA, which began operating on 1 July…

Canonical page: https://ailawframework.com/precedents/planning-and-environment/epbc-referral-preparation-checklist  
Law stated as at: 2026-10-17

Site index for agents: https://ailawframework.com/llms.txt

Checklist for deciding whether to refer a proposed action under the EPBC Act and for preparing a complete referral, reflecting the 2025 reform amendments in force and the National EPA, which began operating on 1 July 2026.

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Planning & Environment](https://ailawframework.com/precedents/planning-and-environment.md)
- Jurisdictions: Australia, Commonwealth
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 6 authorities it cites, for Australia and Commonwealth.

## When to use it

Use for any project that could significantly affect a matter of national environmental significance or other matter protected by Part 3 of the EPBC Act. Use with the proponent's ecologist and environmental consultant; it does not replace their assessment.

## How AI may be used

AI may summarise ecological and technical reports and assemble the referral information, but the identification and significance assessment of protected matters must be done and checked by the consultant and the lawyer.

**AI may:**

- Summarise ecological surveys and technical reports into the referral's information categories, with page references.
- Compare the protected matters search report with the surveys and list species or communities not addressed.
- Draft the avoidance and mitigation description from the consultant's measures for checking.

**AI must not:**

- Must not decide whether an impact is "significant" or whether to refer.
- Must not fill gaps in survey data or estimate greenhouse gas emissions without a qualified source.
- Must not submit the referral or make statements on the proponent's behalf.

**The lawyer checks:**

- Every protected matter in the search report is addressed or explained.
- The description of the action covers the whole action, including facilitated and indirect impacts.
- No component of the action will start before the referral is decided.
- Every statement in the referral is accurate and supported by the consultant reports, because the Minister relies on it.

## Authorities

- [Environment Protection and Biodiversity Conservation Act 1999 (Cth) s 67A (no controlled action without approval)](https://www.legislation.gov.au/C2004A00485/latest/text)
- [Environment Protection and Biodiversity Conservation Act 1999 (Cth) s 68 (referral by person proposing to take action) and s 72 (form and content of referrals)](https://www.legislation.gov.au/C2004A00485/latest/text)
- [Environment Protection and Biodiversity Conservation Act 1999 (Cth) s 74AA (offence of taking action before decision on referral)](https://www.legislation.gov.au/C2004A00485/latest/text)
- [Environment Protection and Biodiversity Conservation Act 1999 (Cth) ss 74B–74D (clearly unacceptable actions) and s 75 (controlled action decision)](https://www.legislation.gov.au/C2004A00485/latest/text)
- [Environment Protection and Biodiversity Conservation Act 1999 (Cth) ss 79F–79G (lapse of not-controlled-action decisions after 5 years)](https://www.legislation.gov.au/C2004A00485/latest/text)
- [Environment Protection Reform Act 2025 (Cth) (amendments partly commenced)](https://www.legislation.gov.au/C2025A00068)

## Official form

[Official form](https://www.nationalepa.gov.au/epbc/approvals)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/planning-and-environment/epbc-referral-preparation-checklist and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*