Stanwell Park Tunnel REF - Transport for NSW - NSW Government

2 Statutory Position and Requirements
The description of the proposed works and the associated environmental impacts has been
undertaken in the context of Clause 228 of the Environmental Planning and Assessment
Regulation 2000 (EP&A Regulation), the Threatened Species Conservation Act 1995 (TSC Act),
and the (Commonwealth) Environment Protection and Biodiversity Conservation Act 1999
(EPBC Act). In doing so, this REF helps fulfil the requirements of Section 111 of the
Environmental Planning and Assessment Act 1979 (EP&A Act), that TfNSW must examine and
take into account, to the fullest extent possible, all matters affecting or likely to affect the
environment by reason of the activity. The legislative framework relevant to the proposed works
and associated approvals is set out in the following sections.
2.1 Environmental Planning and Assessment Act 1979
The proposal comprises an ‘activity’ for the purposes of Part 5 of the EP&A Act. As the
determining authority for the purposes of Part 5 of the EP&A Act, TfNSW must examine and
take into account to the fullest extent possible all matters affecting or likely to affect the
environment by reason of that activity, in accordance with section 111 of the EP&A Act.
To document TfNSW’s considerations under Part 5 of the EP&A Act, TfNSW is required to
prepare a Review of Environmental Factors (REF), which includes mitigation measures to
manage and minimise impacts on the environment. The REF document will be exhibited and
made publicly available. During the exhibition period, the community are encouraged to make
submissions to TfNSW on the proposal and any potential environmental impacts.
Prior to determining whether or not to proceed with the project, TfNSW will consider issues
raised in submissions and respond to community feedback. TfNSW may propose changes to
the proposal and detail these in the determination report. The determination report will be made
available to the public on the TfNSW website (www.transport.nsw.gov.au/projects).
Should TfNSW determine to proceed, the proposal will be constructed and operated in
accordance with the mitigation measures proposed in the REF, determination report and any
conditions of approval.
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