Planning approvals

Melbourne Airport Rail is being assessed through a robust and transparent planning approval process.

Community engagement is an important part of the planning process when delivering a major infrastructure project like Melbourne Airport Rail. This feedback helps inform the planning and environmental controls on the project.

Project area

The project area for construction for Melbourne Airport Rail primarily spans from Sunshine through to Melbourne Airport. This includes areas for site compounds as well as roads for haulage routes to and from the main construction zones.

Project area (PDF, 22.5MB)

Major Transport Projects Facilitation Act

The Major Transport Projects Facilitation Act came into operation on 1 November 2009. The Acting Premier of Victoria declared the Melbourne Airport Rail project and appointed the Minister for Transport Infrastructure to be the Project Minister on 3 June 2021. The project was declared for the purpose of applying the delivery powers under the Act (ie. excluding Parts 3 and 8 of the Act).

Environment Effects Statement & Clause 52.36

The Minister for Planning determined that an Environment Effects Statement (EES) is not required for Melbourne Airport Rail.

Rail Projects Victoria has sought planning approval for the project on State land under Clause 52.36, which was added to the Victoria Planning Provisions in May 2021 to establish a standard planning approval process for projects that do not require an EES.

In August 2022, the Minister for Planning granted planning approval for the Melbourne Airport Rail project on State land, in accordance with Clause 52.36 of the Victorian Planning Provision.

Further information regarding Clause 52.36 is available on the Department of Environment, Land, Water and Planning website.

Frequently asked questions - Clause 52.36

In May 2021, the Minister for Planning approved the introduction of a new provision for projects delivered by or on behalf of Rail Projects Victoria. This provision referred to as Clause 52.36, will be used to seek planning approvals for Melbourne Airport Rail.

Clause 52.36 can be applied to new Rail Projects Victoria projects which do not yet have planning approval and which do not require an Environment Effects Statement under the Environment Effects Act 1978 (Vic).

This proposal is an initiative to streamline the planning process for Rail Projects Victoria, by standardising and clearly defining the planning, environmental and community consultation expectations that need to be addressed to progress a major project.

Despite the majority of Victoria’s rail and road upgrades occurring within an existing rail corridor and/or road reserve, delivery authorities have been required to gain approval through separate planning scheme amendments (PSA) to address a multitude of planning permit requirements.

Each PSA has required a different set of requirements to be addressed – even where environmental and planning matters are similar from project to project – and each also requires significant resourcing from both the delivery authority and DELWP, leading to additional costs to the State.

Clause 52.36 replaces the need to obtain a planning permit or to prepare a planning scheme amendment (PSA) and supports the efficient delivery of major projects, while still ensuring that key stakeholders and the community have the chance to input into all relevant planning considerations.

Rail Projects Victoria is no longer required to request a Planning Scheme Amendment to enable this project, and an Incorporated Document will no longer be prepared.

Rail Projects Victoria will still be required to address the planning requirements typically covered by the Incorporated Documents that have applied to previous Rail Projects Victoria projects. These requirements are now known upfront and are consistently applied as appropriate to each project.

For example, the requirements that must be generally met prior to the commencement of works under clause 52.36, include:

a description of the project and plans showing the boundary of the land where works will occur and where land will be used for the project
a consultation summary report explaining Rail Projects Victoria’s consultation approach and how feedback was considered and responded to
an Environmental Management Framework.

No. While the planning approvals process has changed, local councils will continue to provide input into the project.

A requirement of the new provision is for Rail Projects Victoria to consult with councils and to include their feedback into a consultation summary report submitted to the Minister for Planning.

We will also seek Council input into the Environmental Management Framework, which is required as part of the new provision.

No. The new provision requires Rail Projects Victoria to consult with communities in a similar manner to what has taken place to date.

Community engagement is an important part of the planning and development process for Melbourne Airport Rail, with feedback helping to inform the project designs as well as how planning and environmental matters will be managed or mitigated during construction.

All community feedback received by Rail Projects Victoria during the planning consultation process remains valid and will be included in the consultation summary report to be submitted to the Minister for Planning.

Environment Protection and Biodiversity Conservation Act referral

As part of the planning for Melbourne Airport Rail, Rail Projects Victoria has submitted two referrals under the EPBC Act for two distinct sections of the project on State land:

Sunshine section: This referral covers a highly active section of the rail corridor including Sunshine and Albion.

Corridor section: This referral covers the remainder of the project route on State land, stretching between the existing Albion-Jacana corridor and Sharps Road in Tullamarine (on the boundary of Commonwealth land).

The referrals outline Matters of National Environmental Significance within the project area and the approach that would be adopted to mitigate potential impacts of the project on these matters.

On the Sunshine section, the Commonwealth Government has determined that the project is not a controlled action and the proposed approach to mitigate potential impacts is suitable.

On the Corridor section, the Commonwealth Government has determined that the project is a controlled action and will require assessment and approval under the EPBC Act before it can proceed.

Rail Projects Victoria has recently submitted relevant documentation to gain approval under the EPBC Act for the Corridor section of works.

Rail Projects Victoria is proposing to undertake work between Jacana Station and north of Barwon Avenue, Sunshine North, as well as land between Sharps Road, Tullamarine and the Albion-Jacana rail corridor, as part of the Melbourne Airport Rail Corridor Section (EPBC 2021/9081). The proposed action has potential to impact listed threatened species and communities (Sections 18 and 18A) protected under Part 3 of the EPBC Act, specifically Spiny Rice-flower (Pimelea spinescens subsp. spinescens) and Striped Legless Lizard (Delma impar).

Pursuant to Section 95A(3) of the EPBC Act, the preliminary documentation was open for public comment for a period of 10 business days from 3 October to 14 October 2022 inclusive and no comments were received.

These documents can be found on the Department of Climate Change, Energy, the Environment and Water website by searching for referral numbers 2021/9040 and 2021/9081 respectively.

Compliance reports

Annual Compliance Report 22 December 2022 to 22 December 2023