Hurstville REF - Transport for NSW - NSW Government

2 Statutory Position and RequirementsThe description of the proposed works and the associated environmental impacts has beenundertaken in the context of Clause 228 of the Environmental Planning and AssessmentRegulation 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 theEnvironmental Planning and Assessment Act 1979 (EP&A Act), that TfNSW must examine andtake into account, to the fullest extent possible, all matters affecting or likely to affect theenvironment by reason of the activity. The legislative framework relevant to the proposed worksand associated approvals is set out in the following sections.2.1 Environmental Planning and Assessment Act 1979The proposal comprises an ‘activity’ for the purposes of Part 5 of the EP&A Act. As thedetermining authority for the purposes of Part 5 of the EP&A Act, TfNSW must examine andtake into account to the fullest extent possible all matters affecting or likely to affect theenvironment 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 toprepare a Review of Environmental Factors (REF), which includes mitigation measures tomanage and minimise impacts on the environment. The REF document will be exhibited andmade publicly available. During the exhibition period, the community are encouraged to makesubmissions to TfNSW on the proposal and potential environmental impacts.Prior to determining whether or not to proceed with the project, TfNSW will consider issuesraised in submissions and respond to community feedback. TfNSW may propose changes tothe proposal and detail these in the determination report. The determination report would bemade available to the public on the TfNSW website (www.transport.nsw.gov.au/projects).Should TfNSW determine to proceed, the proposal would be constructed and operated inaccordance with the mitigation measures proposed in the REF, determination report andconditions of approval.Page 15 of 75