The challenge
Under Part 5 of the Environmental Planning and Assessment Act, REFs are more than paperwork – they are the legal foundation of project approvals. Yet many proponents face:
- Misunderstanding the duty to both examine and consider all environmental impacts
- Failure to properly test whether an EIS is required, exposing projects to challenge
- Incomplete or unclear documentation of the determining authority’s decision-making process
- Risks of judicial review if REFs are not thorough, defensible, or properly published
These pitfalls have stalled projects, triggered legal proceedings, and undermined approvals.
Our solution
EPS prepares REFs that are:
- Part 5 compliant – addressing both statutory duties under ss 5.5 and 5.7, with case law awareness
- Defensible – structured to withstand legal challenge and regulator scrutiny
- Clear and practical – findings translated into plain English for decision-makers and contractors
- Up to date – aligned with the latest guidelines and public notification requirements
Our role is to give you certainty that your REF will secure approval and stand up if tested.
How we work
Our REF preparation process is targeted and robust:
- Confirm project scope and statutory triggers, including EIS risk screening
- Undertake site inspection, specialist input, and compliance check against guidelines
- Deliver a construction-ready REF — with clear assessment, mitigation measures, and documented decision pathway
Experience you can trust
- EPS REFs accepted across NSW for councils, utilities, infrastructure
- Demonstrated success in defending REFs under legal challenge
- Deep knowledge of Part 5 case law and regulatory expectations
What’s included
Every EPS REF includes:
- Comprehensive assessment across all relevant environmental factors
- Clear EIS significance test and documented reasoning
- Plain-English executive summary for directors and decision-makers
- Compliance checklist against Division 5.1 Guidelines
- Regulator Q&A support pack to anticipate likely queries
Our assurance: EPS works with you beyond delivery. If questions arise, we’ll back our REF with clear explanations and follow-up to maintain confidence in your approval outcome.
Next steps
Secure approvals without the pitfalls.
Get in touch to arrange an introductory call to discuss your requirements.
