The Federal Environment Minister has now endorsed the Urban Growth Boundary Program, which sets out the various processes and mechanisms that are intended to regulate the impact of the UGB expansion. The next step was for the Minister to decide what exemptions, if any, will be granted from the usual EPBC Act impact assessment processes. It is unclear when this decision or decisions will be made.

The Planning and Environment Act (Growth Areas Infrastructure Contribution) Bill 2009 was voted down by a margin of 18/19 in the Victorian parliament on 23 February 2010. You can access full details of the debate through the Victorian Parliament Hansard. The Victorian Government has previously asserted that they would not proceed with the expansion of Melbourne's Urban Growth Boundary if this bill did not pass.

On the 23 March 2010 the Legislative Assembly voted to refer the Growth Areas Infrastructure Contribution matter to the Dispute Resolutions Committee. The Dispute Resolution Committee is established under section 65B of the Constitution Act 1975. This is the second time the committee has been convened and its aim is to resolve the divide over the Government's plan to introduce an urban growth infrastructure tax. Its members come from both the Legislative Council and the Legislative Assembly. http://www.parliament.vic.gov.au/assembly/DisputeResolutionCom.htm

On 25 May 2010 the Planning and Environment (Growth Areas Infrastructure Contribution) Bill 2009 was passed by the upper house of Victoria's parliament. The passing of this Bill was made possible by amendments made through the Dispute Resolutions process. As a result the Victorian Government will now seek to reintroduce the lapsed Amendment VC55. Amendment VC55 would have introduced changes to the alignment and zoning of areas that are currently “green wedge” to allow for the Government's proposed UGB expansion.

On 9 June 2010, the Amendment to expand Melbourne's Urban Growth Boundary, VC67 was tabled in the Legislative Assembly of the Victorian Parliament. Amendment VC67 implements new planning scheme provisions to expand Melbourne’s Urban Growth Boundary and plan the alignments for major transport initiatives including the Regional Rail Link and the Outer Metropolitan Ring / E6 Transport Corridor. The Amendment will not become operational until it has been passed by both houses of parliament and subsequently gazetted. The Amendment documents and planning scheme maps can be viewed on the DPCD website

The transport projects associated with the UGB expansion, the Outer Metropolitan Ring / E6 Transport Corridor and the Regional Rail Link between Werribee and Deer Park, were referred to the Minister for Planning for a decision on whether an Environment Effects Statement (EES) would be required under the Environment Effects Act 1978. On 13 August 2009, the Minister decided that no formal EES would be required, but that each would be subject to an ad hoc process of impact assessment.

Submissions to the draft SIA have not been released by the Growth Areas Authority. Some of the submissions received by the EDO are listed below:

• Parris et al

• Western Region Environment Centre

• Victorian National Parks Association

Merri Creek Management Committee's submission may be found at their website.

EDO’s analysis of the draft report concludes that there was no credible basis for the Commonwealth Environment Minister to endorse the proposed Program and to approve actions under the Program.

The EDO submitted that the impact assessment undertaken does not represent a true Strategic Impact Assessment and identified a number of fundamental deficiencies in the assessment process and the draft report, including failure to consider alternatives to the Program, timing of the assessment and uncertainty in terms of legal and financial assurance that the proposed biodiversity gains will be delivered. The Program as foreshadowed in the Strategic Impact Assessment report will facilitate rapid and extensive loss of a number of matters of national environmental significance within the proposed new Urban Growth Boundary.

Anticipating, however, that the Commonwealth will ultimately be unlikely to require anything other than some limited improvements to some of the prescriptions and other matters, EDO adopted a pragmatic position of recommending changes that would at least have the effect of making the widespread loss of biodiversity a little less significant than the Strategic Impact Assessment report presently proposes.

EDO’s submission is available here.

On 17 June 2009, the two transport projects associated with urban growth boundary expansion, the Outer Metropolitan Ring / E6 Transport Corridor and the Regional Rail Link between West Werribee and Deer Park, were referred to the Minister for Planning for a decision about whether an Environment Effects Statement (EES) was required under the Environment Effects Act 1978. On 13 August, the Minister decided that neither project required a formal EES under the legislation, but each would be subject to ad hoc environment impact assessment.

The OMR / E6 Transport Corridor proposal is described in the Minister's reasons for decision as follows:

The OMR component will provide transport access from the Princess Freeway, west of Werribee, to the Hume Freeway at Kalkallo as well as a link to the Western Ring Road (identified as the East-West Link). It is intended to ultimately provide for an eight lane freeway (four lanes in each direction) together with four rail lines within the median for interstate freight and high speed passenger trains. Access restoration roads and crossings are included in the proposal. The preferred corridor for the OMR component will be approximately 70 kilometres long and 240 metres wide.

The E6 component will provide transport access from the Hume Freeway at Kalkallo to the existing E6 reservation at Findon Road, Epping. It is intended to provide for up to a six lane freeway (three lanes in each direction) together with access restoration roads and crossings. The preferred corridor for the E6 component will be 23 kilometres long and 120 metres wide.

The reasons for decision and details of the arrangements for assessing the impact of this project may be found here.

The Regional Rail Link - West Werribee to Deer Park proposal is described in the Minister's reasons for decision as follows:

The proposed Regional Rail Link - West Werribee to Deer Park is 30 kilometre (km) rail alignment that would run between West Wembee and Deer Park, providing a north-south connection between the Ballarat Rail Corridor and the Geelong Rail Corridor. The Regional Rail Link - West Wenibee to Deer Park will initially provide a two track railway, within a corridor generally of 60 metres (m) width that will be sufficient to enable construction of an additional two tracks in future. The project includes rail stations and associated infrastructure, grade separations and road intersections and train stabling yards. The project design will allow diesel-powered passenger trains from regional centres to travel at speeds of up to 160 km per hour.

The reasons for decision and details of the arrangements for assessing the impact of this project may be found here. (Warning - large file (2Mb)).

On 17 June 2009, the Victorian government released details of the proposed expansion of Melbourne's Urban Growth Boundary. Part of the package of proposals is a Strategic Assessment of the Impacts of the expansion on biodiversity. The Strategic Assessment has been carried out pursuant to an agreement between the Commonwealth and Victorian governments under the Environment Protection and Biodiversity Conservation Act 1999.

* Strategic Assessment Report for Environment Protection and Biodiversity Conservation Act 1999;

• Proposed expansion of the Urban Growth Boundary;
• Outer Metropolitan Ring / E6 Transport Corridor Planning Study;
• Proposed regional rail link.

For more information on the release of these proposals see Victoria Online - update: release of proposals.

Submissions on the Strategic Impact Assessment closed on 17 July 2009.

This page provides links to key documents and sources of information relevant to the the Strategic Impact Assessment.

• Details of the Strategic Assessment and a copy of the agreement between the Commonwealth government and Victoria requiring the Assessment to be carried out - Australian Government Department of Environment Water Heritage and the Arts - Strategic assessment of the impacts of the proposal to revise Melbourne's urban growth boundary

• The Strategic Assessment Report - Strategic Assessment Report for Environment Protection and Biodiversity Conservation Act 1999

• Department of Environment, Heritage, Water and the Arts (Cth) - Melbourne urban Growth boundary Strategic assessment Fact Sheet

The Strategic Assessment proposes a package of mitigation measures in response to the impacts of the Melbourne @ 5 million on matters listed under the EPBC Act. These mitigation measures include the creation of new conservation reserves outside of the proposed Urban Growth Boundary as well as various “prescriptions” for impacts within the Urban Growth Boundary.

The EDO is conducting a detailed review of the Strategic Assessment. Some of the areas that we have identified as requiring particular scrutiny are:

1. the legal security of the areas that comprise the proposed new reserves.
2. whether the proposal is consistent with the Native Vegetation Management Framework, including the priority to avoid native vegetation removal and the offset obligations the Framework contains
3. the interrelationship between Victorian and Commonwealth legislation and whether both have been satisfied.
4. the protection if any afforded to significant remnants and habitat within the new UGB.
5. the degree to which any new information that comes to light about the existence of significance of habitat within the proposed new UGB can be taken into account as development proceeds.
6. monitoring and enforcement of current native vegetation clearing controls and EPBC Act provisions with respect to existing remnants.
7. proposals for monitoring and enforcement of the implementation of the proposed new arrangements.

For a more detailed discussion of some of the issues identified see Strategic Impact Assessment under the EPBC Act

• Environment Protection and Biodiversity Conservation Act 1999 (Cth)

• Flora and Fauna Guarantee Act 1988 (Vic)

• Planning and Environment Act 1987 (Vic)

• Victorian National Parks Association (VNPA) media release - City sprawl could eat up endangered grasslands and prized green wedges - Wednesday, June 17, 2009

• Green Wedges Coalition - Submission on proposed Urban Growth Boundary Changes – Melbourne@5 Million

• RealEstateSource.com.au - Revised Urban Growth Boundary Will Put Values on the Move

• Victorian National Parks Association (VNPA) media release - Opportunity to create iconic Melbourne grassland reserve

• General information about the EPBC Act

• "Significant Impact" under the EPBC Act

• Matters of national environmental significance under the EPBC Act

• More information about strategic assessment under the EPBC Act.

• Listing species, communities and processes under the EPBC Act

Submissions with respect to the Strategic Assessment must be made to the Growth Areas Authority by 17 July 2009.

Electronic submissions can be made at http://www.vic.gov.au/planningmelbourne.

• Some useful suggestions on submission writing - submission writing

• Suggestions regarding submissions from the Victorian National Parks Association - Opportunity to create iconic Melbourne grassland reserve

• Comment invited for proposed urban growth boundary

• Vic Roads - Outer Metropolitan Ring / E6 Transport Corridor Planning Study

• Victorian Transport Plan - regional rail link

• Victorian Government - Department of Planning and Community Development (DPCD)

• DPCD - Victorian Planning Provisions

• View the Planning and Environment Act 1987 on Austlii

• Department of Sustainability and Environment - Melbourne 2030

• Stateline - Renewed government push on infrastructure tax - Interview with John Brumby, Premier of Victoria and Matthew Guy, Opposition Planning Spokesman in response to the use of the Dispute Resolution Committee to push infrastructure tax through parliament. Site expires 24 June 2010.

If you have any questions or would like to request additional content you can contact the EDO or use the discussion forum below: