Queensland: Environmental Protection Act 1994 (Qld)

Environmental Protection Act 1994 An Act about the protection of Queensland's environment Chapter 1 Preliminary Part 1 Introductory provisions 1 Short title This Act may be cited as the Environmental Protection Act 1994. 2 [Repealed] Part 2 Object and achievement of Act 3 Object The object of this Act is to protect Queensland's environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecologically sustainable development). 4 How object of Act is to be achieved (1) The protection of Queensland's environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development. (2) The program is cyclical and involves the following phases— (a) phase 1—establishing the state of the environment and defining environmental objectives; (b) phase 2—developing effective environmental strategies; (c) phase 3—implementing environmental strategies and integrating them into efficient resource management; (d) phase 4—ensuring accountability of environmental strategies. (3) The relationship between each of the phases is shown in the figure appearing at the end of this Act. (4) Phase 1 is achieved by— (a) researching the state of the environment, including essential ecological processes; and (b) deciding environmental values to be protected or achieved by consulting industry, government departments and the community. (5) Phase 2 is achieved by— (a) developing environmental protection policies that, among other things— (i) decide environmental indicators; and (ii) establish ambient and emission standards for contaminants; and (iii) require waste management, including waste prevention and minimisation; and (iv) advise on management practices; and (b) promoting environmental responsibility and involvement within the community. (6) Phase 3 is achieved by— (a) integrating environmental values into land use planning and management of natural resources; and (b) ensuring all reasonably practicable measures are taken to protect environmental values from all sources of environmental harm; and (c) monitoring the impact of the release of contaminants into the environment; and (d) requiring persons who cause environmental harm to pay costs and penalties for the harm. (7) Phase 4 is achieved by— (a) reviewing the results of human activities on the environment; and (b) evaluating the efficiency and effectiveness of environmental strategies; and (c) reporting publicly on the state of the environment. 5 Obligations of persons to achieve object of Act If, under this Act, a function or power is conferred on a person, the person must perform the function or exercise the power in the way that best achieves the object of this Act. 6 Community involvement in administration of Act This Act is to be administered, as far as practicable, in consultation with, and having regard to the views and interests of, industry, Aboriginal peoples and Torres Strait Islander peoples under Aboriginal tradition and Island custom, interested groups and persons and the community generally. 6A Principles of environmental protection (1) This Act is to be administered having regard to— (a) the following principles of environmental policy as set out in the Intergovernmental Agreement on the Environment— (i) the precautionary principle; (ii) intergenerational equity; (iii) conservation of biological diversity and ecological integrity; (iv) improved valuation, pricing and incentive mechanisms (which includes the principle known as the principle of polluter pays); and (b) the principle (known as the principle of proportionality) that a decision, action or thing directed towards minimising harm or a risk of harm to the environment should be proportionate to the harm or risk of harm that is being addressed; and (c) the principle (known as the principle of primacy of prevention) that prevention of harm to the environment is preferred to remedial or mitigation measures. (2) If a provision of this Act requires the chief executive or administering authority to consider, or have regard to, the standard criteria, the chief executive or administering authority— (a) must consider, or have regard to, the standard criteria; and (b) need not but may consider, or have regard to, any other principle mentioned in subsection (1). Part 3 Interpretation Division 1 Dictionary 7 Definitions—dictionary The dictionary in schedule 4 defines particular words used in this Act. 7A [Repealed] Division 2 Key concepts Subdivision 1 The environment and its values 8 Environment Environment includes— (a) ecosystems and their constituent parts, including people and communities; and (b) all natural and physical resources; and (c) the physical characteristics of locations, places and areas, however large or small; and (d) the physical surroundings of people, including the land, waters, atmosphere, climate, sound, odours and tastes; and (e) the social, economic, aesthetic and cultural conditions that affect, or are affected by, things mentioned in paragraphs (a) to (d). 9 Environmental value Environmental value is— (a) a quality or physical characteristic of the environment that is conducive to ecological health; or (b) a quality or physical characteristic of the environment that is conducive to public health, safety or amenity; or (c) a quality or physical characteristic of the environment that contributes to its biological diversity and integrity, intrinsic or attributed scientific value or interest, amenity, harmony and sense of community; or (d) another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation. Subdivision 2 Environmental contamination 10 Contamination Contamination of the environment is the release (whether by act or omission) of a contaminant into the environment. 11 Contaminant A contaminant can be— (a) a gas, liquid or solid; or (b) an odour; or (c) an organism (whether alive or dead), including a virus; or (d) energy, including noise, heat, radioactivity and electromagnetic radiation; or (e) a combination of contaminants. 12 Noise Noise includes vibration of any frequency, whether emitted through air or another medium. 13 [Repealed] Subdivision 3 Environmental harm and nuisance 14 Environmental harm (1) Environmental harm is any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance. (2) Environmental harm may be caused by an activity— (a) whether the harm is a direct or indirect result of the activity; or (b) whether the harm results from the activity alone or from the combined effects of the activity and other activities or factors. 15 Environmental nuisance Environmental nuisance is unreasonable interference or likely interference with an environmental value caused by— (a) aerosols, fumes, light, noise, odour, particles or smoke; or (b) an unhealthy, offensive or unsightly condition because of contamination; or (c) another way prescribed by regulation. 16 Material environmental harm (1) Material environmental harm is environmental harm— (a) that is not trivial or negligible in nature, extent or context; or (b) that causes actual or potential loss or damage to property of an amount of, or amounts totalling, more than the threshold amount but less than the maximum amount; or (c) that results in costs of more than the threshold amount but less than the maximum amount being incurred in taking appropriate action to— (i) prevent or minimise the harm; and (ii) rehabilitate or restore the environment to its condition before the harm. (2) The chief executive must ensure a threshold amount calculated under subsection (3), definition threshold amount, paragraph (b) is published on the department's website during the financial year to which it relates. (3) In this section— maximum amount means the threshold amount for serious environmental harm. threshold amount means— (a) for the financial year ending 30 June 2023—$10,000; or (b) for a later financial year—the threshold amount for the financial year immediately preceding the later financial year (the previous financial year) increased by the consumer price index for the previous financial year. 17 Serious environmental harm (1) Serious environmental harm is environmental harm— (a) that is irreversible, of a high impact or widespread; or (b) caused to— (i) an area of high conservation value; or (ii) an area of special significance, such as the Great Barrier Reef World Heritage Area; or (c) that causes actual or potential loss or damage to property of an amount of, or amounts totalling, more than the threshold amount; or (d) that results in costs of more than the threshold amount being incurred in taking appropriate action to— (i) prevent or minimise the harm; and (ii) rehabilitate or restore the environment to its condition before the harm. (2) The chief executive must ensure a threshold amount calculated under subsection (3), definition threshold amount, paragraph (b) is published on the department's website during the financial year to which it relates. (3) In this section— threshold amount means— (a) for the financial year ending 30 June 2023—$100,000; or (b) for a later financial year—the threshold amount for the financial year immediately preceding the later financial year (the previous financial year) increased by the consumer price index for the previous financial year. 17A Exclusions Despite sections 14 and 15, a thing stated in schedule 1, part 2 is not environmental harm or environmental nuisance. Subdivision 4 Environmentally relevant activities 18 Meaning of environmentally relevant activity Each of the following is an environmentally relevant activity— (a) an agricultural ERA as defined under section 79; (b) a resource activity as defined under section 107; (c) an activity prescribed under section 19 as an environmentally relevant activity. 19 Environmentally relevant activity may be prescribed (1) A regulation may prescribe an activity as an environmentally relevant activity if the Governor in Council is satisfied— (a) that— (i) a contaminant will or may be released into the environment when the activity is carried out; and (ii) the release of the contaminant will or may cause environmental harm; or (b) the activity will or may otherwise adversely affect an environmental value of the marine environment. (1A) Without limiting subsection (1), a regulation under that subsection may prescribe an activity carried out in a relevant Great Barrier Reef Marine Park area as an environmentally relevant activity. (2) To remove any doubt, a regulation made under subsection (1) may not modify the definition of an agricultural ERA or a resource activity. (3) In this section— Great Barrier Reef Marine Park means the Great Barrier Reef Marine Park under the Great Barrier Reef Marine Park Act 1975 (Cwlth). relevant Great Barrier Reef Marine Park area means an area— (a) partly within the State and partly outside the State, but within the Great Barrier Reef Marine Park; or (b) of which— (i) part is within the State but not within the Great Barrier Reef Marine Park; and (ii) part is outside the State but within the Great Barrier Reef Marine Park. 19A Interaction between prescribed ERAs and resource activities (1) This section applies in relation to an environmental authority for a resource activity if 1 or more activities (each an ancillary activity) carried out under the authority as part of a resource activity is also a prescribed ERA. (2) The resource activity is taken to be comprised of— (a) the ancillary activities; and (b) the other activities carried out under the authority as a resource activity. (3) The ancillary activities are taken to be resource activities for the purpose of applications for an environmental authority. (4) However, the ancillary activities are taken to be prescribed ERAs for the purpose of the following— (a) the power to impose conditions on the environmental authority under chapter 5, part 5, division 6; (b) the fees that apply to the environmental authority under this Act. 20 [Repealed] Subdivision 5 Environmental management 21 Best practice environmental management (1) The best practice environmental management of an activity is the management of the activity to achieve an ongoing minimisation of the activity's environmental harm through cost-effective measures assessed against the measures currently used nationally and internationally for the activity. (2) In deciding the best practice environmental management of an activity, regard must be had to the following measures— (a) strategic planning by the person carrying out, or proposing to carry out, the activity; (b) administrative systems put into effect by the person, including staff training and monitoring and review of the systems; (c) public consultation carried out by the person; (d) product and process design; (e) waste prevention, treatment and disposal. (3) Subsection (2) does not limit the measures to which regard may be had in deciding the best practice environmental management of an activity. Subdivision 6 Prescribed conditions 21A Meaning of prescribed condition (1) A prescribed condition, for a small scale mining activity, is a condition prescribed under a regulation for the carrying out of the activity. Example of a prescribed condition— a condition about rehabilitating land (2) It is also a prescribed condition for carrying out a small scale mining activity that the holder of the mining tenure (a small scale mining tenure) for the activity must not carry out, or allow the carrying out of, the activity unless the holder has given a surety— (a) of the amount prescribed by regulation; and (b) in the form approved by the scheme manager under the Mineral and Energy Resources (Financial Provisioning) Act 2018, section 56. (3) However, subsection (2) does not apply if the holder's small scale mining tenure is a prospecting permit. Part 4 Operation of Act 22 Act binds all persons This Act binds all persons, including the State, and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States. 23 Relationship with other Acts (1) This Act is in addition to, and does not limit, any other Act. (2) If this Act conflicts with an Act as follows, that Act prevails, but only to the extent of the conflict— • Ambulance Service Act 1991 • Biosecurity Act 2014 • Disaster Management Act 2003 • Fire Services Act 1990 • Public Safety Preservation Act 1986, part 3 • Radiation Safety Act 1999 • Transport Operations (Marine Pollution) Act 1995. 24 Effect of Act on other rights, civil remedies etc. (1) This Act does not limit any civil right or remedy that exists apart from this Act, whether at common law or otherwise. (2) Without limiting subsection (1), compliance with this Act does not necessarily show that an obligation that exists apart from this Act has been satisfied or has not been breached. (3) In addition, a breach of the general environmental duty or the duty to restore the environment does not, of itself, give rise to a civil right or remedy. 25 Extra-territorial application of Act A person commits an offence against this Act if— (a) the person causes environmental harm within the State by conduct engaged in outside the State; and (b) the conduct would constitute the offence against this Act if it were engaged in by the person within the State. Chapter 2 Environmental protection policies 26 Minister may make policies The Minister may make environmental protection policies to enhance or protect Queensland's environment. 27 Scope of policies (1) An environmental protection policy may be made about the environment or anything that affects or may affect the environment. (2) Without limiting subsection (1), an environmental protection policy may be made about any of the following— (a) a contaminant, including, for example, an ozone depleting substance; (b) an industry or activity; (c) a technology or process; (d) an environmental value; (e) waste management; (f) contamination control practice; (g) land, air or water quality; (h) noise; (i) litter. 28 Contents of policies (1) An environmental protection policy must— (a) state that the policy applies to the environment generally or to an aspect or part of the environment specified in the policy; and (b) identify the environmental values to be enhanced or protected under the policy. (2) An environmental protection policy may— (a) state the objectives to be achieved and maintained under the policy; or (b) state indicators, parameters, factors or criteria to be used in measuring or deciding any quality or condition of the environment; or (c) establish a program by which the stated objectives are to be achieved and maintained, including, for example, the following— (i) quantifying ambient conditions; (ii) the qualities and maximum quantities of any contaminant permitted to be released into the environment; (iii) the minimum standards to be complied with in the installation or operation of vehicles, plant or equipment for the control of contaminants or waste from stated sources or places; (iv) measures designed to protect the environment or minimise the possibility of environmental harm; or (d) provide for a program performance assessment procedure. (3) An environmental protection policy may make provision about anything about which a regulation may be made under this Act, and, in particular— (a) prescribing offences for contraventions of the policy; and (b) fixing a maximum penalty of a fine of not more than 40 penalty units for the contravention. 29 [Repealed] 30 [Repealed] 31 [Repealed] 32 [Repealed] 33 Policies are subordinate legislation An environmental protection policy is subordinate legislation and does not have effect until it is approved by the Governor in Council. 34 Giving effect to policies On approval of an environmental protection policy, the administering authority must give effect to the policy. 34DK [Repealed] 35 [Repealed] 36 [Repealed] Chapter 3 Environmental impact statements Part 1 EIS process Division 1 Preliminary Subdivision 1 Application 37 When EIS process applies (1) This part applies for a project, other than a coordinated project, if— (a) an EIS requirement is in force in relation to an application for an environmental authority for a mining activity that is, or is part of, the project; or (b) an EIS requirement is in force in relation to an application for an environmental authority for a resource activity, other than a mining activity; or (c) an EIS has been required for the project under an Act as follows for which it has, under the Act, been decided or required that this part applies to the preparation of the EIS— (i) the Commonwealth Environment Act; (ii) the State Development Act; Note— See the State Development Act, part 4, division 2 and division 3, subdivision 1. (iii) another State Act or another Commonwealth Act; or (d) the voluntary preparation of an EIS for the project has been approved under part 2; or (e) the chief executive has, under part 3— (i) decided that an EIS would be required under this Act for an application for an environmental authority for the project; or (ii) approved the voluntary preparation of an EIS for the project; or (f) the project is of a type prescribed under a regulation for which approval by a Commonwealth or State authority is required. (2) However, an EIS under this Act can not be used for making a decision under the Planning Act, other than a decision in relation to a project mentioned in subsection (1)(a) or (b). (3) In this section— authority, for the Commonwealth, includes the Minister of the Commonwealth for the time being administering the Commonwealth Environment Act. EIS includes a statement, however called, that is similar to an EIS. project includes— (a) a development or proposed development; and (b) an action or proposed action; and (c) a plan or policy. Subdivision 2 Definitions for part 1 38 Who is an affected person for a project (1) A person is an affected person for a project if the person is— (a) a person mentioned in subsection (2) for the operational land or any land joining it; or (b) any of the following under the Native Title Act 1993 (Cwlth) for the operational land or for an area that includes any of the land— (i) a registered native title body corporate; (ii) a registered native title claimant; (iii) a representative Aboriginal/Torres Strait Islander body; or (c) a relevant local government for the operational land. (2) For subsection (1)(a), the persons are as follows— (a) for freehold land—a registered proprietor; (b) for land that is held from the State for an estate or interest less than fee simple and for which the interest is recorded in a register mentioned in the Land Act 1994 (Land Act), section 276—a person recorded in the register as the registered holder of the interest; (c) for land subject to a mining claim, mineral development licence or mining lease—a holder of, or an applicant for, the mining tenure; (d) for land subject to a relevant tenure for an environmental authority for a resource activity, other than a mining activity—the holder of the tenure; (e) for land under the Land Act or the Nature Conservation Act 1992 (NCA) for which there are trustees—a trustee of the land; (f) for Aboriginal land under the Aboriginal Land Act 1991 (ALA) that is taken to be a reserve because of section 202(2) or (4)(b) of that Act—the trustee of the land; (g) for DOGIT land under the ALA or the Torres Strait Islander Land Act 1991—a trustee for the land; (i) for Torres Strait Islander land under the Torres Strait Islander Land Act 1991 that is taken to be a reserve because of section 151(2) of that Act—the trustee of the land; (j) for land that, under the Aboriginal and Torres Strait Islander Land Holding Act 2013, is lease land for a 1985 Act granted lease or a new Act granted lease—the lessee; (k) for land that is any of the following, the State— (i) unallocated State land; (ii) a reserve under the Land Act for which there is no trustee; (iii) a national park (scientific), national park, national park (Aboriginal land), national park (Torres Strait Islander land) or forest reserve under the NCA; (iv) a conservation park or resources reserve under the NCA for which there are no trustees; (v) a State forest or timber reserve under the Forestry Act 1959; (vi) a State-controlled road; (vii) a fish habitat area under the Fisheries Act 1994; (l) another person prescribed under a regulation. 39 Other definitions In this part— comment period, for an EIS, means the comment period for the EIS under section 42(2)(e) and (3) or section 68(3)(b)(i). draft terms of reference, for an EIS, means draft terms of reference submitted under section 41 or resubmitted under section 41B. final terms of reference, for an EIS, means the final terms of reference for the EIS published under section 46. interested person means an interested person proposed by the proponent under section 41(3)(b). operational land means the land on which the project is to be carried out. person includes a body of persons, whether incorporated or unincorporated. properly made submission see section 55(2). proponent means the person who proposes the project to which this part applies. submission period, for an EIS, means— (a) the submission period for the EIS under section 52(1)(e) and (2); or (b) if section 68 applies—any new submission period fixed under section 68(3)(b)(ii). Subdivision 3 Purposes of EIS and EIS process 40 Purposes The purposes of an EIS and the EIS process are as follows— (a) to assess— (i) the potential adverse and beneficial environmental, economic and social impacts of the project; and (ii) management, monitoring, planning and other measures proposed to minimise any adverse environmental impacts of the project; (b) to consider feasible alternative ways to carry out the project; (c) to give enough information about the matters mentioned in paragraphs (a) and (b) to the proponent, Commonwealth and State authorities and the public; (d) to help the administering authority decide an environmental authority application for which the EIS is required; (e) to give information to other Commonwealth and State authorities to help them make informed decisions; (f) to meet any assessment requirements under— (i) the Commonwealth Environment Act for a project that is, or includes, a controlled action under that Act; or (ii) a bilateral agreement; Note— For what is a controlled action under the Commonwealth Environment Act, see section 67 (What is a controlled action?) of that Act. For assessment requirements of controlled actions, see the Commonwealth Environment Act, chapter 4, part 8 (Assessing impacts of controlled actions). For bilateral agreements, see the Commonwealth Environment Act, chapter 3 (Bilateral agreements). (g) to allow the State to meet its obligations under a bilateral agreement. 40A [Repealed] Division 2 Terms of reference stage Subdivision 1 Draft terms of reference 41 Submission (1) The proponent must submit to the chief executive draft terms of reference for the EIS that allow the purposes of the EIS to be achieved for the project. (2) The submitted draft must— (a) be in the approved form; and (b) be accompanied by the fee prescribed under a regulation; and (c) include any matter prescribed under a regulation. (3) Also, if an approval has not been given under part 2 for the project, the submitted draft must be accompanied by the following— (a) a written description of the project and the operational land; (b) a list stating the name and address of each person the proponent proposes as an interested person for the project; Example of persons who may be proposed as an interested person— an unincorporated community or environmental body with a financial or non-financial interest in the local government area that the operational land is in (c) a statement of how the proponent proposes to consult with the interested persons; (d) a list of the names and addresses of the affected persons for the project; (e) a summary of the potential adverse environmental impacts of the project, and the measures proposed to avoid or minimise the adverse impacts. 41A Decision on draft terms of reference (1) The chief executive must, within 15 business days after the draft terms of reference is submitted— (a) review the draft and any documents accompanying the draft; and (b) decide whether to allow the draft to proceed to public notification under subdivision 2; and (c) give the proponent a notice under subsection (4) or section 42(1). (2) The period mentioned in subsection (1) may be extended if, before the decision is made, the proponent agrees in writing to the extension. (3) The chief executive must refuse to allow the draft to proceed to public notification if, having regard to the draft— (a) the chief executive is satisfied it is unlikely the project could proceed under this Act or another law, including, for example, because the project— (i) would contravene a law of the Commonwealth or the State; or (ii) would give rise to an unacceptable risk of serious or material environmental harm; or (iii) would have an unacceptable adverse impact on a matter of State environmental significance or a matter of national environmental significance; or (iv) would have an unacceptable adverse impact on an area of cultural heritage significance; or (b) the chief executive is required to refuse to allow the draft to proceed under a regulatory requirement. (4) If the chief executive refuses to allow the draft to proceed to public notification, the chief executive must give the proponent an information notice for the decision that also states— (a) if the proponent has not previously resubmitted the draft under section 41B— that the proponent may resubmit an amended draft terms of reference for a decision under section 41B within 20 business days after the notice is given or, if the chief executive agrees to a different period, the different period; or (b) if the proponent has previously resubmitted the draft under section 41B— (i) that the proponent can not further resubmit the draft terms of reference; but (ii) the proponent may submit a new draft terms of reference under section 41 in relation to the project. 41B Proponent may resubmit draft terms of reference (1) This section applies if the chief executive refuses, under section 41A, to allow the draft terms of reference to proceed. (2) The proponent may resubmit, with changes, the submitted draft terms of reference to the chief executive within— (a) 20 business days after the information notice for the decision is given under section 41A(4); or (b) if the chief executive and the proponent have, within the 20 business days, agreed to a different period—the different period. (3) The proponent may resubmit the draft under this section only once. (4) Section 41A applies in relation to the resubmitted draft terms of reference. (5) Nothing in this section prevents the proponent from submitting a new draft terms of reference under section 41 in relation to the same project. Subdivision 2 Public notification of draft terms of reference 42 Preparation of TOR notice (1) If, under section 41A(1)(b), the chief executive decides to allow the draft terms of reference to proceed to public notification, the chief executive must give the proponent written notice about the draft (the TOR notice) for public notification. (2) The notice must state the following— (a) a description of the project and the operational land; (b) that the proponent has prepared draft terms of reference for the EIS; (c) where or how the draft may be obtained; Note— See section 65 (Public access to draft terms of reference or submitted EIS). (d) that anyone may make written comments to the chief executive about the draft; (e) a period decided by the chief executive (the comment period) during which comments may be made; (f) another matter prescribed under a regulation. (3) The comment period must not end before 30 business days after the notice is published. 43 Public notification (1) The chief executive must publish the TOR notice within 5 business days after giving it to the proponent. Note— See section 558 (Publication of decision or document by administering authority). (2) The proponent must, if asked by the chief executive, pay the chief executive's reasonable costs incurred in publishing the notice. (3) The proponent must, within the 5 business days, give a copy of the notice to— (a) each affected person for the project; and (b) each interested person; and (c) any other person decided by the chief executive. (4) The chief executive may decide another person for subsection (3)(c) only by giving the proponent an information notice about the decision before the notice is published. 44 Proponent to be given comments The chief executive must, within 10 business days after the comment period ends, give the proponent a copy of all comments received by the chief executive within the period. 45 Advice to chief executive The proponent must, within the period prescribed under a regulation, give the chief executive— (a) a written summary of the comments; and (b) a statement of the proponent's response to the comments; and (c) any amendments of the draft terms of reference the proponent proposes because of the comments. Subdivision 3 Final terms of reference 46 Finalising terms of reference (1) The chief executive must, within the period prescribed under a regulation, do the following— (a) consider the documents mentioned in section 45; (b) prepare the final terms of reference; (c) give the proponent a copy of the final terms of reference; (d) publish the final terms of reference. (2) The proponent must, if asked by the chief executive, pay the chief executive's reasonable costs incurred in publishing the final terms of reference. Division 3 Submission stage 47 When EIS may be submitted (1) The proponent may submit the EIS to the chief executive only within— (a) 2 years after the final terms of reference are given to the proponent; or (b) any longer period decided by the chief executive before the 2 years ends. (2) The submitted EIS must be accompanied by the fee prescribed under a regulation. (3) If an EIS is not submitted under subsection (1)— (a) the final terms of reference cease to have effect; and (b) division 2 must be complied with again before the EIS may be submitted. 47A [Repealed] 48 Chief executive may require copies of EIS (1) The chief executive may, at any time before the submission period ends, by written notice require the proponent to give the chief executive a stated number of copies of the submitted EIS that the chief executive requires. (2) The notice may require— (a) the copies to be in hard copy form or in an electronic form or forms; and (b) a stated part of the stated number to be given in hard copy form and a stated part of the number to be given in an electronic form or forms. 49 Decision on whether EIS may proceed (1) The chief executive must consider the submitted EIS and, within 20 business days after the EIS is submitted (the decision period), decide to— (a) allow the submitted EIS to proceed under division 4, with or without conditions; or (b) refuse to allow the submitted EIS to proceed. (2) The chief executive may extend the decision period by up to 12 months if— (a) the proponent agrees in writing to the extension; and (b) the chief executive has not previously extended the decision period for the submitted EIS. (3) The chief executive may allow the EIS to proceed only if the chief executive considers it addresses the final terms of reference in an acceptable form. (3A) Also, the chief executive must refuse to allow the EIS to proceed if, having regard to the submitted EIS— (a) the chief executive is satisfied it is unlikely the project could proceed under this Act or another law, including, for example, because the project— (i) would contravene a law of the Commonwealth or the State; or (ii) would give rise to an unacceptable risk of serious or material environmental harm; or (iii) would have an unacceptable adverse impact on a matter of State environmental significance or a matter of national environmental significance; or (iv) would have an unacceptable adverse impact on an area of cultural heritage significance; or (b) the chief executive is required to refuse to allow the EIS to proceed under a regulatory requirement. (4) If the decision is to allow the EIS to proceed, the chief executive may also fix a minimum period for the making of submissions about the EIS. (5) However, the period fixed must be at least 30 business days and must end at least 30 business days after the EIS notice is published. (5A) Subsection (5B) applies if— (a) under the final terms of reference for the EIS, the EIS submitted by the proponent includes a proposed PRC plan; and (b) the proposed PRCP schedule for the plan identifies an area of land as a non-use management area under section 126D(2)(b); and (c) the chief executive decides to allow the EIS to proceed. (5B) The chief executive must, as soon as practicable after making the decision, ask a qualified entity to— (a) carry out a public interest evaluation for each area of land mentioned in subsection (5A)(b); and (b) give the chief executive a report about the evaluation that complies with section 316PB. (5C) The request under subsection (5B)— (a) must be in writing; and (b) must require the report to be given to the chief executive within— (i) a stated period of not more than 12 months; or (ii) if the chief executive decides to extend the period mentioned in subparagraph (i) by not more than 6 months—the extended period. (6) The chief executive must, within 10 business days after the decision is made, give the proponent written notice of the decision and of any submission period fixed. (7) If the decision is to refuse to allow the EIS to proceed, or to allow the EIS to proceed on conditions, the notice must be an information notice for the decision that also states— (a) if the proponent has not previously resubmitted the EIS under section 49A—that the proponent may resubmit the EIS under that section; or (b) if the proponent has previously resubmitted the EIS under section 49A—that the proponent can not further resubmit the EIS under that section. (8) In this section— qualified entity means an entity, other than the proponent, that has the experience and qualifications, prescribed by regulation, necessary to carry out a public interest evaluation. 49A Proponent may resubmit EIS (1) This section applies if— (a) the chief executive decides, under section 49, to refuse to allow the EIS to proceed, or to allow the EIS to proceed on conditions; and (b) the EIS has not previously been resubmitted under this section. (2) The proponent may resubmit, with changes, the EIS to the chief executive within— (a) 3 months after the day notice of the decision is given to the proponent under section 49(6); or (b) if the chief executive and the proponent have, within the 3 months, agreed to a different period—the different period. (3) The proponent may resubmit the EIS under subsection (2) only once. (4) The resubmitted EIS must be accompanied by the fee prescribed by regulation. (5) The following provisions apply to the resubmitted EIS as if a reference in the provision to an EIS or submitted EIS were a reference to the resubmitted EIS— (a) section 48; (b) section 49. (6) If the EIS is resubmitted because the chief executive decided to allow the EIS to proceed on conditions— (a) without limiting section 49(3), the chief executive may allow the EIS to proceed only if the chief executive considers the conditions have been met; and (b) the notice given under section 49(6) must include the decision mentioned in paragraph (a). 50 [Repealed] Division 4 Notification stage Subdivision 1 Public notice requirements 51 Public notification (1) This section applies if the chief executive decides to allow an EIS to proceed and gives the proponent a notice about the decision under section 49(6). (2) Within 20 business days after the giving of the notice, the proponent must— (a) give written notice about the EIS (the EIS notice) to— (i) each affected person for the project; and (ii) each interested person; and (iii) any other person decided by the chief executive; and (b) after giving the EIS notice under paragraph (a), publish the EIS notice— (i) on a website; and (ii) in another way prescribed under a regulation or decided by the chief executive; and (c) make a copy of the submitted EIS available on a website. (3) The chief executive may decide another person for subsection (2)(a)(iii) or another way of publishing the EIS notice for subsection (2)(b)(ii) only by giving the proponent an information notice about the decision before the notice is published. (4) The proponent must keep the information mentioned in subsection (2)(b) and (c) available on a website from the start of the submission period until— (a) if the proponent is given notice by the chief executive under section 56A(5) that the submitted EIS may not proceed and the proponent does not apply for a review of or appeal against the decision—the day the notice is given; or (b) if the proponent is given notice by the chief executive under section 56A(5), as applied by section 56AA(5), that the submitted EIS may not proceed—the day the notice is given; or (c) if paragraphs (a) and (b) do not apply—the day that is 2 years after the chief executive gives the proponent an EIS assessment report under section 57(2). (5) This section is subject to section 68. 52 Required content of EIS notice (1) The EIS notice must be in the approved form and state the following— (a) a description of the project and the operational land; (b) where the submitted EIS may be inspected; (c) where copies of, or extracts from, the submitted EIS may be obtained; (d) that anyone may make a submission to the chief executive about the submitted EIS; (e) the period (the submission period) during which submissions may be made; (f) how to make a properly made submission; (g) another matter prescribed under a regulation. Note— For paragraphs (b) and (c), see sections 65 (Public access to draft terms of reference or submitted EIS), 540A (Registers to be kept by chief executive) and 542 (Inspection of register). (2) The submission period must be at least 30 business days and must end after the later of the following to end— (a) any minimum period for the making of submissions about the EIS fixed by the chief executive under section 49(4) before the notice is published under section 51(2)(b); (b) 20 business days after the publication. 53 Declaration of compliance (1) The proponent must, within 10 business days after the EIS notice is published, give the chief executive a statutory declaration declaring— (a) whether or not the proponent has complied with the notice requirements under sections 51 and 52; and (b) the name and address of each person to whom the EIS notice was given under section 51. (2) A copy of the EIS notice must be attached to the declaration. (3) The proponent is taken to have complied with the requirements if— (a) a declaration is given under this section; and (b) the declaration states the proponent has complied with the notice requirements. Note— For what happens if the declaration states the requirements have not been complied with, see section 68 (Substantial compliance with notice requirements may be accepted). Subdivision 2 Submissions and response to report about public interest evaluation 54 Right to make submission A person may, within the submission period, make a submission to the chief executive about the submitted EIS. 55 Acceptance of submissions (1) The chief executive must accept a submission if it— (a) is written; and (b) is signed by or for each person (signatory) who made the submission; and (c) states the name and address of each signatory; and (d) is made to the chief executive; and (e) is received on or before the last day of the submission period. (2) A submission that complies with subsection (1) is called a properly made submission. (3) The chief executive may accept a written submission even if it is not a properly made submission. 56 Response to submissions (1) The chief executive must, within 10 business days after the submission period ends, give the proponent a copy of the following documents— (a) each submission accepted by the chief executive; (b) if a public interest evaluation has been carried out for a proposed non-use management area for the project—the report about the public interest evaluation. (1A) However, if the report mentioned in subsection (1)(b) is received by the chief executive after the submission period ends, the chief executive must give the proponent copies of the documents mentioned in subsection (1) within 10 business days after the report is received by the chief executive. (1B) If subsection (1)(b) applies, the chief executive must also, subject to section 316PE, give a copy of the report to each person who made a submission under section 54 about the EIS at the same time as the chief executive gives the proponent a copy of the report. (2) The proponent must, within the relevant period, consider the submissions and give the chief executive— (a) a summary of the submissions; and (b) a statement of the proponent's response to the submissions; and (c) if subsection (1)(b) applies—a statement of the proponent's response to the report; and (d) any amendments of the submitted EIS because of the submissions or report, together with an EIS amendment notice under section 66 for the amendments. (3) In this section— relevant period means— (a) generally— (i) if section (1)(b) applies and an entity asks for a review of the report under section 316PC—20 business days after notice of the reviewing entity's decision is given to the proponent under section 316PC(7); or (ii) otherwise—20 business days after the proponent is given a copy of all submissions accepted by the chief executive; or (b) if the chief executive and the proponent have, within the 20 business days, agreed to a different period—the different period. 56A Assessment of adequacy of response to submission and submitted EIS (1) This section applies if— (a) a submission is accepted by the chief executive under section 55; or (b) a public interest evaluation is carried out for a proposed non-use management area for the project. (2) The chief executive must, within 20 business days after the relevant period under section 56— (a) consider the submitted EIS and the documents given under section 56(2); and (b) decide whether to allow the submitted EIS to proceed under divisions 5 and 6. (3) The period may be extended if, at any time before the decision is made, the proponent has agreed in writing to the extension. (4) The chief executive may allow the submitted EIS to proceed only if the chief executive considers— (a) the proponent's response to the submission, and any report about a public interest evaluation, is adequate; and (b) the submitted EIS is consistent with the recommendations made in any report about a public interest evaluation; and (c) the proponent has made all appropriate amendments to the submitted EIS because of the submission and any report about a public interest evaluation. (4A) The chief executive must refuse to allow the submitted EIS to proceed if, having regard to the submitted EIS— (a) the chief executive is satisfied it is unlikely the project could proceed under this Act or another law, including, for example, because the project— (i) would contravene a law of the Commonwealth or the State; or (ii) would give rise to an unacceptable risk of serous or material environmental harm; or (iii) would have an unacceptable adverse impact on a matter of State environmental significance or a matter of national environmental significance; or (iv) would have an unacceptable adverse impact on an area of cultural heritage significance; or (b) the chief executive is required to refuse to allow the submitted EIS to proceed under a regulatory requirement. (5) The chief executive must, within 10 business days after the decision is made, give the proponent written notice of the decision. (6) If the decision is to refuse to allow the submitted EIS to proceed, the chief executive must give the proponent an information notice for the decision that also states— (a) if the proponent has not previously resubmitted the EIS under section 56AA—that the proponent may resubmit the EIS under that section; or (b) if the proponent has previously resubmitted the EIS under section 56AA—that the proponent can not further resubmit the EIS under that section. 56AA Proponent may resubmit EIS (1) This section applies if the chief executive decides, under section 56A, to refuse to allow the EIS to proceed. (2) The proponent may resubmit, with changes, the submitted EIS and the proponent's response to the submission or report mentioned in section 56A(1) to the chief executive within— (a) 20 business days after notice of the decision is given to the proponent under section 56A(5); or (b) if the chief executive and the proponent have, within the 20 business days, agreed to a different period—the different period. (3) The proponent may resubmit under subsection (2) only once. (4) A resubmitted EIS must be accompanied by the fee prescribed by regulation. (5) Section 56A applies to the resubmitted EIS and response to submission or report as if a reference in the provision to a submitted EIS or the proponent's response to the submission or report were a reference to the resubmitted EIS or proponent's response to the submission or report. 56B [Repealed] Division 5 EIS assessment report 57 EIS assessment report (1) This section applies only if the chief executive has given the proponent a notice under section 56A(5), including as applied by section 56AA(5), of a decision that the submitted EIS may proceed under this division and division 6. (2) The chief executive must give the proponent a report (an EIS assessment report) about the submitted EIS within 30 business days after— (a) if, at the end of the submission period, the chief executive has accepted any submissions—the day the notice mentioned in subsection (1) was given; or (b) otherwise—the end of the submission period. Note— For public inspection of the EIS assessment report, see sections 540A (Registers to be kept by chief executive) and 542 (Inspection of register). 58 Criteria for preparing report In preparing an EIS assessment report, the chief executive must consider the following— (a) the final terms of reference for the EIS; (b) the submitted EIS; (c) all properly made submissions and any other submissions accepted by the chief executive; (d) the standard criteria; (e) another matter prescribed under a regulation. 59 Required content of report An EIS assessment report must— (a) address the adequacy of the EIS in addressing the final terms of reference; and (b) address the adequacy of any management, monitoring, planning or other measures for minimising adverse environmental impacts for the project; and (c) make recommendations about the suitability of the project; and (d) recommend any conditions on which any approval required for the project may be given; and (e) contain another matter prescribed under a regulation. 59A Lapsing of EIS assessment report (1) An EIS assessment report for a project lapses— (a) on the day that is 3 years after the day the chief executive gives the proponent the EIS assessment report under section 57(2); or (b) if, before the day mentioned in paragraph (a), the chief executive extends the period mentioned in that paragraph—on the day the extended period ends. (2) However, if the proponent applies for an environmental authority before the EIS assessment report lapses under subsection (1), the report does not lapse until— (a) if the application for the environmental authority is refused—the application is decided and any appeal against the decision is finalised or withdrawn; or (b) if the application for the environmental authority is granted—the authority takes effect. Division 6 Completion of process 60 When process is completed (1) The process under this part is completed for an EIS when the proponent is given an EIS assessment report for the EIS. (2) The process is taken to have been completed for a coordinated project if the Coordinator-General's report for the EIS or IAR for the project has been given to the project's proponent. (3) The process is taken to have been completed for another project if— (a) an EIS or a similar statement, however called, for the project has been— (i) finalised under the Commonwealth Environment Act, section 104(1); or (ii) completed under another Commonwealth Act or a State Act; and (b) the chief executive decides the process under this part has been complied with, or substantially complied with, for the EIS or statement. 60A [Repealed] 60B [Repealed] 60C [Repealed] 60D [Repealed] 60E [Repealed] 60F [Repealed] 60G [Repealed] 60H [Repealed] 60I [Repealed] 60J [Repealed] 60K [Repealed] 60L [Repealed] 60M [Repealed] 60N [Repealed] 60O [Repealed] 60P [Repealed] 60Q [Repealed] 60R [Repealed] 60S [Repealed] 60T [Repealed] 60U [Repealed] 60V [Repealed] 60W [Repealed] 60X [Repealed] 60Y [Repealed] 60Z [Repealed] 60ZA [Repealed] 60ZB [Repealed] 60ZC [Repealed] 60ZD [Repealed] 60ZE [Repealed] 60ZF [Repealed] Division 7 Miscellaneous provisions Subdivision 1 Inquiries by chief executive 61 Application of sdiv 1 This subdivision applies during— (a) any stage under divisions 2 to 6; and (b) the taking of a step or the making of a decision within any stage under divisions 2 to 6. Example of when subdivision applies— 1 when the chief executive is preparing the final terms of reference 2 when the proponent is preparing the EIS 3 when the administering authority is preparing an EIS assessment report 61A [Repealed] 62 Chief executive may seek advice, comment or information (1) The chief executive may seek and consider relevant advice, comment or information from the proponent or another person. (2) The request may be by public notice. (3) If the request is made of the proponent, it must be written, and must state a reasonable period for the giving of the advice, comment or information sought. 63 Disclosure of relevant documents or information The chief executive may give anyone a document or information if it— (a) is mentioned in this part; or (b) is required to be given to the chief executive under this part; or (c) relates to the project or the process under this part. 64 Making of inquiry does not of itself alter EIS process Asking for and receiving, or giving, a document or advice, comment or information under this subdivision does not— (a) replace any public notice or other stage or step required under divisions 2 to 6; or (b) extend or reduce the period required to take a step or make a decision under divisions 2 to 6; or (c) affect or limit a provision of divisions 2 to 6 that allows the chief executive and the proponent to agree about the period for the taking of a step under the EIS process. Subdivision 2 Public inspection 65 Public access to draft terms of reference or submitted EIS If a person asks the proponent for a copy of the draft terms of reference for an EIS or the submitted EIS, the proponent must, on payment of the appropriate fee to the proponent, give the person the copy. Note— See also sections 540A (Registers to be kept by chief executive) and 542 (Inspection of register). For the appropriate fee, see section 543 (Appropriate fee for copies). Subdivision 3 Amending EIS 66 Amending EIS (1) The proponent may amend or replace the submitted EIS (the original EIS) at any time before the EIS assessment report is given to the proponent. (2) However, the submitted EIS can not be amended during the submission period for the EIS. (3) Also, an amendment may be made only by giving the chief executive written notice of the amendment (an EIS amendment notice). (4) An EIS amendment notice must be accompanied by the fee prescribed under a regulation. (5) The submitted EIS is taken to be the original EIS, as amended from time to time by an EIS amendment notice given for the original EIS. Subdivision 4 Effects of noncompliance with process 67 Process is suspended (1) This section applies if the proponent— (a) does not comply with a requirement under the EIS process for an EIS; or (b) becomes entitled to take the next step under the process and has not taken the step. (2) The following are suspended until the requirement is complied with or the step is taken— (a) the EIS process for the EIS; (b) any obligations of the chief executive under this part for the EIS. (3) The proponent's draft terms of reference or submitted EIS lapse on the later of the following days if the requirement has not been complied with or the step has not been taken— (a) the first anniversary of the suspension; (b) if the chief executive and the proponent have, before the first anniversary, agreed to a later day—the later day. (4) This section is subject to sections 47 and 68. 68 Substantial compliance with notice requirements may be accepted (1) If the proponent has not complied with the notice requirements under division 2, subdivision 2 or division 4, subdivision 1, the chief executive must decide whether to allow the EIS to proceed under this part as if the noncompliance had not happened. (2) The chief executive may decide to allow the EIS to proceed only if the chief executive is satisfied there has been substantial compliance with the requirements. (3) If the chief executive decides not to allow the EIS to proceed, the chief executive must, within 10 business days after the decision is made— (a) fix a new period for compliance with the requirements (the new notice period); and (b) either fix— (i) if the noncompliance was with division 2, subdivision 2—a new comment period; or (ii) if the noncompliance was with division 4, subdivision 1—a new submission period; and (c) give the proponent an information notice about the decision not to allow the EIS to proceed and the decision about the new notice period. (4) The information notice must state the new notice period and the new comment or submission period. (5) The new notice period applies despite the period for giving the notice under section 43(3) or 51(2). Part 2 Voluntary preparation of EIS 69 Purpose of pt 2 (1) The purpose of this part is to allow the proponent for a project to voluntarily prepare an EIS for the project by using the EIS process, if it is appropriate to do so. (2) The purpose is achieved by providing for an approval process for the voluntary preparation of an EIS. 70 Projects that may be approved for EIS (1) The proponent for a project may apply to the chief executive for approval to prepare an EIS for a project. (2) However, an application can not be made for a project if— (a) an EIS requirement is in force for an application under this Act relating to the project; or (b) the Commonwealth Environment Act requires the project to be assessed under chapter 4, part 8 of that Act and the EIS process has not been decided as an accredited process under the Commonwealth Environment Act; or Note— See the Commonwealth Environment Act, sections 47 (Agreement may declare classes of actions do not need assessment) and 87 (Minister must decide on approach for assessment). (c) an EIS or similar statement, however called, must be prepared for the project under another State Act and that Act does not allow the EIS or statement to be prepared under the EIS process. 70A [Repealed] 71 Requirements for application An approval application must be— (a) in the approved form; and (b) supported by enough information to allow the chief executive to decide whether an EIS is appropriate for the project; and (c) supported by enough documents or information to establish that the applicant may enter land to which the project relates to carry out any necessary studies for the EIS; and (d) accompanied by— (i) the documents that, under section 41(3), must accompany a submitted draft terms of reference for an EIS; and (ii) the fee prescribed under a regulation. 72 Deciding application (1) The chief executive must consider the application and decide either to grant or refuse the approval. (2) However, the chief executive may grant the approval only if the chief executive considers an EIS is appropriate for the project. (