Commonwealth EPBC Act Referral (2025)

The Port of Hastings Corporation has submitted a new referral for consideration by the Commonwealth Department of Climate Change, Energy, the Environment and Water under the Environment Protection and Biodiversity Conservation (EPBC) Act 1999

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Commonwealth EPBC referral (2025)

New EPBC Act referral submission (2025)

The Port of Hastings Corporation (PoHC) has prepared and lodged a new referral to the Commonwealth Department of Climate Change, Energy, the Environment and Water under the Environment Protection and Biodiversity Conservation (EPBC) Act 1999.

You can access our new EPBC Act referral on the EPBC Act Public Portal here.

As our Project has the potential to impact Matters of National Environmental Significance protected under the EPBC Act (including the Western Port Ramsar Wetland), this referral is a necessary step to confirm the Commonwealth environmental assessment and approvals required for the Project to proceed.

Our team has undertaken preliminary environmental assessments, technical studies and design work to help inform this referral, with significant reductions to our dredging (70%) and reclamation (35%) compared to our previous referral submitted in 2023.

We have listened to the concerns raised by the Commonwealth Government in their Statement of Reasons outlining their decision on our previous referral in 2023.

The EPBC Act referral is supported by several technical attachments, which are publicly accessible on the EPBC Act Public Portal.

Click on the below tiles to learn more about some of the key attachments that are included in our new referral.

Project Description

Outlines the location and surrounding area for the Project, providing an overview of the proposed development and the key project components (such as the operational area) and the amount of land and marine area required to construct and operate the Victorian Renewable Energy Terminal.

Project Design Development

Describes the process for identifying and evaluating the design options for the Terminal layout, quay wall structure, ground improvement, pavement, dredging method and the swing basin location. The report details the options, environmental considerations and how the preferred option meets the functional requirements for the Terminal.

History of Dredging in Western Port

Provides historical context of dredging in Western Port, as well as reclamation activities and dredge disposal grounds. The intention of this attachment is to provide context regarding ongoing activities that have occurred, and continue to occur, in Western Port.

Why Port of Hastings

The Department of Transport and Planning (DTP) have prepared a document outlining why the Port of Hastings is the most feasible location to develop  an offshore wind port in Victoria.

Preliminary Impact Assessment attachments

Our new referral includes several preliminary impact assessments providing early-stage assessment of potential environmental impacts based on current information. These assessments are designed to inform the Commonwealth Government about the Project’s potential impacts and the pathway for mitigation and management.

The preliminary impact assessments include:

Coastal processes

Provides an overview of the existing conditions of coastal processes in Western Port and evaluates how construction activities, including proposed reclamation could affect tides, sediment transport and erosion patterns within the Project Area and Western Port more broadly.

Ecological character

Provides an overview of Western Port’s ecological character and an assessment of potential impact on character based on technical investigations.

Marine ecology

Provides an overview of Western Port’s ecological values and the studies being undertaken to inform the Project’s marine ecology assessment. A preliminary assessment of Commonwealth listed marine ecological impacts is provided from construction, impact pathways such as habitat loss/disturbance, sedimentation and underwater noise on marine fauna and underwater habitats. The report concludes with proposed management measures, along with monitoring strategies.

Onshore Ecology

Outlines the existing Commonwealth protected flora and fauna on the Old Tyabb Reclamation Area and its surrounding, and assesses the potential impacts as a result of the Project’s construction and operation. The report also recommends management measures where an impact is identified.

Waterbirds

Details existing Commonwealth listed waterbird species present in the Project Area and Western Port more broadly . The report evaluates potential impacts from construction and operation and proposes mitigation and management measures.

The referral submission also includes additional supporting documents outlining our environmental policies, further reports on existing surface and groundwater conditions and a summary of community consultation.

Watch our EPBC Act Referral Reader's Guide

Given the large volume of documentation attached to our EPBC Act referral, we have prepared a reader's guide to make the material more accessible and easier to navigate.

You can watch our virtual tour above, or you can access the reader's guide on our resources page here.

Learn more

What's changed

Learn more about our updated project design and how we have considered the Commonwealth Government’s concerns provided in response to the 2023 Project.

What's changed

Assessment process

Click here to learn more about our assessment process, and how the EPBC Act referral relates to our ongoing EES process.

Assessment process

FAQs

Why do we need to submit a new EPBC Act referral?

A referral is a written request for the Federal Environment Minister to decide whether the Project requires assessment and approval under the EPBC Act.

A referral under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is required when a proposed project or development, is likely to have a significant impact on Matters of National Environmental Significance. These matters include listed and threatened species, migratory species, and Ramsar sites, among others.

Given the Project may impact listed threatened species, migratory species and the Western Port Ramsar site, a referral is required.

Is the project still happening?

The previous referral submission in 2023 was not accepted by the Commonwealth, however, this does not mean the Project was cancelled. Since the decision on our previous referral, we have conducted extensive ecological assessments, technical studies and design work to gain a comprehensive understanding of the site and surrounding environment.

As a result, PoHC have developed a modified Terminal Project, particularly with regards to the design footprint.

Given the modified Terminal Project may impact listed threatened species, ecological communities and the Western Port Ramsar site, a referral of the modified project is required.

Has the additional time required to prepare a new referral delayed the overall project timeline?

We have continued to progress the preparation of our Environmental Effects Statement (EES) under the State process, concurrent to preparing a new EPBC Act referral.

This has meant the Project has avoided significant delays, as we did not pause our EES process. The Project is still working towards being operational by the end of the decade.

What are the preliminiary findings

The project will affect a small portion of the Western Port Ramsar Wetland.

Based on current information, environmental assessments show that potential impacts to mudflats, sedimentation, seagrass, marine life, and waterbirds will be highly localised and manageable, with no unacceptable impact on the ecological character of the Ramsar wetlands.

The reclamation area will be less than 0.03% of the approximately 60,000 hectares area of the Ramsar wetlands.

You can learn more about our preliminary findings on our dedicated webpage.

Are there examples of infrastructure projects operating in or nearby Ramsar listed wetlands?

There are many examples of projects around the world where infrastructure has and continues to operate in sensitive Ramsar environments. In Scotland, Denmark, Netherlands and Queensland, there are examples of port operations inside or nearby to Ramsar sites.

For example, the Port of Esbjerg in Denmark operates within the Danske Vadehavet Ramsar Site. Similarly, APM Terminals Maasvlakte II and the Rotterdam World Gateway terminal, both located within the Port of Rotterdam, operate in areas adjacent to environmentally sensitive sites.

These examples illustrate that with careful planning, environmental assessments, and mitigation strategies, port operations can coexist with sensitive environmental areas.

What happens next?

Our new EPBC Act referral and attachments are accessible on the EPBC Act Public Portal.

The referral is now open for public review and comment.

The Department of Climate Change, Energy, the Environment and Water (DCCEEW) will then finalise their assessment of the new referral.

This process is managed by the DCCEEW and is separate from the Victorian Government assessment process underway.

To learn more about the assessment process visit our dedicated webpage by clicking here.

Why is some dredging still required?

Dredging will be required to facilitate the arrival and departure of offshore wind supply and installation vessels. Based on the current design options, the extent of dredging has been reduced by approximately 70% compared to the previous EPBC Act referral submitted in 2023.

You can learn more about dredging on our dedicated webpage.

Why is some reclamation still required?

Reclamation is needed to reduce the amount of deep dredging by extending land into the seabed, allowing ships to access deeper water near the berth. It is also required to create additional space for storing offshore wind components.

Based on the current design options, reclamation has been reduced by approximately 35% compared to the previous EPBC Act referral submitted in 2023.

The percentage of the reclamation reduction will be dependent on the final design and construction methodology while the EES process continues.

You can learn more about reclamation on our dedicated webpage.

How can the project be considered within a Ramsar-listed wetland and still meet national environmental protection standards?

Preliminarily assessments are demonstrating the modified project design is consistent with the Ramsar Convention’s principle of 'wise use', and that the ecological character of the Ramsar site can be maintained - supporting both sustainable development and environmental protection.

While some localised direct impacts associated with reclamation, these impacts will be largely restricted to the existing port precinct. Broader long-term impacts to the Ramsar site are not expected. Under the Ramsar Convention, ecological character refers to the ecosystem’s components, processes and services (CPS) that define its integrity and function.

Industrial operations and port infrastructure have co-existed with the Western Port environment for close to 60 years.

This area, already highly disturbed, is resilient and is expected to recover from managed disturbances.