Queensland: State Development and Public Works Organisation Act 1971 (Qld)

State Development and Public Works Organisation Act 1971 An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination, and for related purposes Part 1 Preliminary 1 Short title This Act may be cited as the State Development and Public Works Organisation Act 1971. 2 Definitions The dictionary in schedule 2 defines particular words used in this Act. Part 2 Administration Division 1 Coordinator-General and Deputy Coordinator-General 3 Administration of Act This Act shall be administered by the Minister and, subject to the Minister, by the Coordinator-General. 4 Appointment of Coordinator-General (1) The Governor in Council, may, by commission under his or her hand and the Public Seal, appoint a person to hold the office of Coordinator-General. (2) The appointee shall be paid, during his or her tenure of office, a salary at such rate as the Governor in Council determines from time to time. 5 Appointment of Deputy Coordinator-General (1) The Governor in Council may, by commission under his or her hand and the Public Seal, appoint a person or persons to hold the office of Deputy Coordinator-General. (2) An appointee shall be paid, during his or her tenure of office, a salary at such rate as the Governor in Council determines from time to time. 6 Tenure of appointment under ss 4 and 5 Subject to this section, an appointee to an office referred to in section 4 or 5 shall hold office for the period fixed by the Governor in Council and specified in the instrument whereby the appointee is appointed but shall be eligible for reappointment thereto unless the appointee has become debarred under any Act from holding or continuing in such office. 7 Termination of appointment under ss 4 and 5 (1) A person appointed to an office referred to in section 4 or 5 shall be deemed to have vacated his or her office in the following circumstances— (a) if the person engages in remunerative employment outside the duties of the office to which the person is appointed; (b) if the person engages in any trade or business save as a member of a body corporate that consists of more than 20 persons; (c) if the person becomes bankrupt or takes advantage of the laws in force for the time being relating to bankrupt or insolvent debtors; (d) if the person absents himself or herself from duty for 14 consecutive working days or for a total of 28 days in any calendar year save on account of illness or pursuant to leave approved by the Minister who is hereby empowered so to do; (e) if the person is convicted in the State of an indictable offence for which the person is liable to be imprisoned for 12 months at the least or is convicted elsewhere of an offence that, if committed by the person in the State would constitute an indictable offence upon conviction whereof the person would be so liable; (f) if the person dies; (g) if the person is concerned in any agreement made for the purposes of this Act save in the person's capacity as Coordinator-General or, as the case may be, Deputy Coordinator-General or, save as aforesaid, if the person participates in or claims to be entitled to participate in the profits arising from such an agreement; (h) if the person resigns by signed written notice addressed to the Governor in Council and furnished to the Minister. (2) However, subsection (1)(a) does not apply to a person if the person's remunerative employment is— (a) under another office and because of the person's appointment to the office mentioned in section 4 or 5; or (b) as the chief executive. (3) A person appointed to an office referred to in section 4 or 5 may be removed from office by the Governor in Council on account of misbehaviour, incapacity, or being unfit, in the opinion of the Governor in Council, to hold the office. 7A Appointment of acting Deputy Coordinator-General (1) This section applies if a Deputy Coordinator-General— (a) vacates his or her office; or (b) can not perform the functions of the office of Deputy Coordinator-General because of absence or another reason. (2) The Minister may appoint a person to act as the Deputy Coordinator-General in place of the person mentioned in subsection (1). (3) The person appointed under subsection (2) holds office for the term, and on any conditions stated in— (a) the person's instrument of appointment; or (b) a notice signed by the Minister and given to the person. (4) The term of the appointment— (a) must be no more than 3 months; and (b) can not be extended. (5) In appointing a person to act under this section, the Minister must consult with— (a) the Coordinator-General; and (b) Public Sector Commissioner under the Public Sector Act 2022. Division 2 Incorporation of Coordinator-General and functions 8 Incorporation of Coordinator-General (1) The corporation sole constituted under section 8A of the State Development and Public Works Organisation Act 1938 is hereby preserved, continued in existence and constituted under this Act under the name and style The Coordinator-General. (2) The corporation sole is constituted by the person who at the material time is the Coordinator-General. (3) The corporation sole under the name and style assigned to it by this section shall have perpetual succession and an official seal and shall be capable in law of suing and being sued and, subject to this Act, may take, acquire by grant, purchase, take on lease, sell, exchange, lease, assign, transfer, surrender to the Crown and hold property real and personal and may do and suffer all such acts and things as are necessary for the proper exercise and performance of the powers and functions of the Coordinator-General to the same extent as a natural person might do or suffer. (4) All courts, judges, justices and persons acting in a judicial capacity shall take judicial notice of the appointment of the Coordinator-General and of a Deputy Coordinator-General and of their respective signatures and of the official seal of the Coordinator-General affixed to any document, and, in the absence of proof to the contrary, shall presume that such signature or seal was duly affixed. 9 Coordinator-General represents Crown For the purposes of this Act the Coordinator-General represents the Crown and has and may exercise all the powers, privileges, rights and remedies of the Crown. 10 Functions of Coordinator-General (1) The Coordinator-General shall have such functions as are assigned to the Coordinator-General by this Act or by regulation made under this Act or by or under any other Act. (2) The Coordinator-General shall, of his or her own motion or at the direction of the Minister, undertake and commission such investigations, prepare such plans, devise such ways and means, give such directions, and take such steps and measures, as the Coordinator-General thinks necessary or desirable to— (a) secure the proper planning, preparation, execution, coordination, control and enforcement of a program of works, planned developments, and environmental coordination for the State and for areas over which the State claims jurisdiction; or (b) perform any other function of the Coordinator-General. (3) The Coordinator-General shall furnish to the Minister such recommendations as the Coordinator-General thinks fit to make concerning any matter that arises out of or is connected with the performance by the Coordinator-General of his or her functions assigned to the Coordinator-General by or under this Act or that may assist in the proper administration of this Act. 11 Power of delegation (1) Subject to section 111, the Coordinator-General, with the approval of the Minister, may either generally or otherwise as provided by the instrument of delegation, by writing under the Coordinator-General's seal, delegate to any person or body of persons all or any of the Coordinator-General's powers and functions except this power of delegation. (2) A power or function so delegated, if exercised or performed by the delegate, shall be exercised or performed by the delegate in accordance with the instrument of delegation. (3) A delegation may be limited to any part or parts of the State and may be made subject to such terms as the Coordinator-General thinks fit including a requirement that the delegate shall report to the Coordinator-General upon the delegate's exercise or performance of the delegated power or function. (4) Where pursuant to this Act or to any other Act the exercise or performance of any power or function, the subject of a delegation, is made to depend upon the opinion or belief of the Coordinator-General in relation to any matter, that power or function may be exercised or performed upon the opinion or belief of the delegate who is considering the exercise or performance of that power or function. (5) The Coordinator-General may make such and so many delegations of the same power or function and to such number of persons or bodies of persons as the Coordinator-General considers necessary or desirable. (6) A delegation is revocable at the will of the Coordinator-General and does not prevent the exercise of a power or the performance of a function by the Coordinator-General. 12 Power to hold inquiry (1) The Coordinator-General may, of his or her own motion, and shall, at the direction of the Minister, institute and conduct an inquiry into any matter that, in the opinion of the Coordinator-General or of the Minister, is one with which the Coordinator-General should be concerned in the proper performance of the Coordinator-General's functions under any Act or that would further the purposes of this Act. (2) The Governor in Council may, in relation to a particular inquiry to be conducted under this Act, upon the recommendation of the Minister, declare by regulation that the inquiry therein specified shall be conducted as a commission of inquiry under the Commissions of Inquiry Act 1950 whereupon the Coordinator-General or, as the case may be, the Coordinator-General's delegate who conducts the inquiry may exercise and shall have the powers, authorities, protection and jurisdiction of a commission under that Act and of a chairperson of such a commission except such as are by that Act confined to a chairperson who is a judge of the Supreme Court and the provisions of that Act shall apply accordingly. 13 Cooperation with Coordinator-General (1) Subject to this section, it is the duty of— (a) a local body and, where it is a corporation, of every person who comprises it; and (b) the chief executive of a department of the Government; and (c) a corporation constituted for the purposes of any Act or that, being incorporated by the law of the State, is an instrumentality or agency of the Crown, and of every person who comprises it; and (d) the holder of any office provided for by any Act; and (e) a person in the employ of a local body, or in the employ of such corporation or holder for the purposes of the material Act, or employed in such a department; to cooperate with the Coordinator-General in the performance by him or her of the functions of the Coordinator-General. (2) Without limit to the duty imposed by subsection (1) a person subject thereto— (a) shall consult with and make his or her services available to the Coordinator-General in connection with works, whether constructed, in course of construction, or to be constructed and in connection with any other matter that concerns the Coordinator-General; and (b) shall confer, as requested by the Coordinator-General, on any matter that concerns development, planning, or environmental effects within the State or within any area over which the State claims jurisdiction and on any other matter that concerns the Coordinator-General; and (c) shall, as required by the Coordinator-General, furnish to the Coordinator-General accurate information in the possession of or available to that person in the capacity whereby he or she is subject to this section concerning such matters as in the Coordinator-General's opinion would assist the Coordinator-General in the discharge of his or her functions. (3) This section shall be construed to apply— (a) save where the Minister directs to the contrary in a particular case, proof whereof shall lie upon the person who alleges it; and (b) in relation to the furnishing of information, subject to the provisions of any Act that expressly require a person employed under that Act to preserve and aid in preserving secrecy with regard to all matters that may come to the person's knowledge in the person's official capacity. 14 Appointment of persons to help Coordinator-General (1) The Coordinator-General may appoint any person to help the Coordinator-General in the performance or exercise of his or her functions or powers. (2) The person holds office on the conditions stated in— (a) the person's instrument of appointment; or (b) a notice signed by the Coordinator-General and given to the person. (3) In appointing a person under this section, the Coordinator-General must consult with the Public Sector Commissioner under the Public Sector Act 2022. (4) A person appointed under this section is appointed under this Act, and not under the Public Sector Act 2022. Division 3 Officers and workers of Coordinator-General 15 Appointment of workers (1) The Coordinator-General may employ such workers as the Coordinator-General considers necessary for the proper performance by the Coordinator-General of his or her functions and the proper exercise by the Coordinator-General of his or her powers. (2) The wages payable to a worker so employed and the conditions of his or her employment shall comply with the requirements of any material award of an industrial tribunal or other industrial instrument and, subject to the award or if no award exists, shall be as determined from time to time by the Coordinator-General. 16 Services of technical advisers (1) The Coordinator-General may obtain or retain the advice or services of such technical advisers as the Coordinator-General considers necessary for the proper performance by the Coordinator-General of his or her functions and the proper exercise by the Coordinator-General of his or her powers. (2) Remuneration in respect of such advice or services shall be such as is approved by the Minister. Part 3 Program of works 17 Program of works (1) The Coordinator-General may, of his or her own motion, and shall, at the direction of the Minister, plan in respect of a particular period— (a) a program of works for the State or for any part of the State or for any area over which the State claims jurisdiction; and (b) the orderly carrying out over that period or during any portion or portions of that period of the whole or any part of the works included in the program. (2) For the purpose of planning a program of works the Coordinator-General may require any person who is required by this Act to cooperate with the Coordinator-General to furnish to him or her— (a) particulars of all works proposed to be carried out by or under the authority or supervision of that person during the period in question; and (b) such information as the Coordinator-General considers necessary to enable the Coordinator-General to have proper regard to the matters prescribed by section 23 as matters to be regarded in relation to a program of works. (3) Particulars and information furnished to the Coordinator-General pursuant to the Coordinator-General's requisition shall be verified in manner directed by the Coordinator-General, including (should the Coordinator-General so direct) by way of statutory declaration. 18 Selection of works for program of works and their performance (1) Works to be included in a program of works shall be at the discretion of the Coordinator-General. (2) A program of works may include works that have been submitted to the Coordinator-General by a local body or other person for inclusion in a program of works or that are included therein on the initiative of the Coordinator-General in addition to or in lieu of works so submitted. (3) The Coordinator-General may plan that works included in a program of works shall be undertaken by the Coordinator-General or by his or her agent, or by any local body or person who is required or permitted under or pursuant to any Act so to do. 19 Submission of program of works to Governor in Council (1) The Coordinator-General shall furnish his or her plan for a program of works to the Minister who, if the Minister approves of it, shall submit the same to the Governor in Council for approval. (2) If the Governor in Council approves of the program submitted the Governor in Council may, having regard to the need for Parliamentary appropriation to the material purposes, publish a notice in the gazette that evidences the Governor in Council's approval and authorises the program to be implemented. (3) Upon publication of the notice the program (as altered from time to time by the Coordinator-General in accordance with this Act) shall be the program of works for the State and shall be binding on the Coordinator-General and on all other persons concerned in that program. (4) If the Governor in Council does not approve of the program submitted, the Governor in Council shall cause the Minister to return the program together with the Governor in Council's objections thereto and comments thereon to the Coordinator-General who, upon consideration thereof, shall make to the program such alterations as the Coordinator-General considers warranted in the circumstances. (5) The program as so altered shall be again furnished to the Minister and submitted to the Governor in Council as prescribed by subsection (1). 20 Alterations to approved program of works (1) The Coordinator-General may make such alterations to a program of works approved by the Governor in Council as the Coordinator-General considers warranted in the circumstances. (2) The Coordinator-General shall not exercise the power conferred on him or her by this section except with the consent of the Minister first had and obtained save where the alteration will not result in additional expenditure in a sum exceeding $50,000 or such other amount as is prescribed under a regulation. 21 Implementation of program of works as approved In giving effect to a program of works approved by the Governor in Council no modification or addition shall be made to any of the works included therein save with the consent of the Coordinator-General first had and obtained. 22 Local body's application for assistance examined by Coordinator-General (1) Every application that moneys be paid from the Treasury in respect of works or proposed works of a local body or that the Treasurer, on behalf of the Government, guarantee the amount or any part of the amount of a loan made or to be made in respect of works or proposed works of a local body shall be submitted to the Coordinator-General together with such particulars relevant thereto as the Coordinator-General considers necessary. (2) The Coordinator-General, having regard to the importance and merit of the works for which the moneys or guarantee is sought relative to any program of works planned or being planned by the Coordinator-General at the time of the submission of the application to the Coordinator-General, shall make to the Treasurer such recommendations with respect thereto as the Coordinator-General thinks fit. (3) In determining how an application referred to in subsection (1) should be disposed of due weight shall be given to the recommendations made by the Coordinator-General with respect to the application. 23 Objectives of comprehensive program of works With a view to the coordination, regulation and control of a comprehensive program of works for the development of the State regard shall be had by the Coordinator-General and all other persons concerned to the following considerations— (a) the orderly arrangement and revision of a general program of works for the State; (b) the creation of additional means and methods of development and of employment; (c) the maintaining of continuity of work in the various parts of the State on a basis of reasonable uniformity; (d) the provision of ways and means whereby finance in respect of works and the creation of works may be spread over the State in equitable proportions; (e) the allocation, on terms advantageous to the welfare of the State generally, of finance by way of loans and otherwise amongst the departments of the Government and local bodies; (f) the examination and review of larger developmental works generally with a view to a selection by the Governor in Council of works that, while conferring a greater amount of aid to the general employment position of the State, also offer greater possibilities as productive works; (g) the establishment of a policy of coordinated relationship among departments of the Government and local bodies with a view to— (i) securing coordination and cooperation in activities connected with works and construction; and (ii) evolving schemes for providing employment and for improving the general economic development and the public amenity of the State; and (iii) avoiding or minimising duplication and overlapping in the services and activities of departments of the Government and of local bodies generally; (h) the securing of cooperation and assistance of persons engaged in industry otherwise than within departments of the Government or within local bodies with a view to aiding the general employment position in the State. Part 4 Environmental coordination Division 1 Preliminary 24 Definitions for pt 4 In this part— approval includes authority, lease, licence, permit or other approval. Coordinator-General's change report see section 35I(1). Coordinator-General's report means— (a) for an EIS—the report the Coordinator-General must prepare under section 34D(2); or (b) for an IAR—the report the Coordinator-General must prepare under section 34L(2). environmental authority means an environmental authority under the Environmental Protection Act. Environmental Protection Act means the Environmental Protection Act 1994. EPA Minister means the Minister for the time being administering the Environmental Protection Act. imposed condition, for the undertaking of a project, see section 54B(2). Mineral Resources Act means the Mineral Resources Act 1989. MRA Minister means the Minister for the time being administering the Mineral Resources Act. nominated entity, for an imposed condition for the undertaking of a project, means an entity nominated for the condition, under section 54B(3). relevant local government, for a project, means the local government for the local government area in which the project is, or is to be, undertaken. 25 Supervision of environment The Coordinator-General shall, of the Coordinator-General's own motion or at the direction of the Minister, coordinate departments of the Government and local bodies throughout the State in activities directed towards ensuring that in any development proper account is taken of the environmental effects. Division 1A Coordinator-General's costs of environmental coordination process 25A Fees for pt 4 (1) An application under this part must be accompanied by the application fee prescribed by regulation for the application. (2) The Coordinator-General must refuse to receive the application unless the fee has been paid. (3) The proponent of a coordinated project must pay the Coordinator-General the fees prescribed by regulation at the times provided for under the regulation. (4) If a fee becomes payable under subsection (3), the Coordinator-General's obligations under this part for the coordinated project are suspended until the fee has been paid. (5) Subsection (4) applies despite divisions 2 to 3A. 25AA Coordinator-General may waive or reduce fee (1) Despite section 25A, if a fee is prescribed as mentioned in that section for an application or coordinated project, the Coordinator-General may waive or reduce the fee. (2) Subsection (3) applies if a fee is prescribed as mentioned in section 25A for an application under section 35C for a proposed change to a coordinated project or a condition of the project. (3) In deciding whether to waive or reduce the fee for the application, the Coordinator-General may have regard to— (a) the complexity of the proposed change; and (b) the extent of public consultation required in relation to the proposed change. 25B Recovering the cost of advice or services for environmental coordination (1) This section applies if the Coordinator-General obtains from another entity advice or services the Coordinator-General considers necessary to— (a) decide an application under this part by a proponent of a project; or (b) take action under this part relating to a coordinated project. (2) The Coordinator-General may recover from the proponent as a debt the reasonable cost of obtaining the advice or services. Division 2 Coordinated project Subdivision 1 Power to declare coordinated project 26 Declaration of coordinated project (1) The Coordinator-General may— (a) declare a project to be a coordinated project for which an EIS is required; or (b) declare a project to be a coordinated project for which an IAR is required. (2) However, the Coordinator-General may make a declaration under subsection (1)(b) only if satisfied the environmental effects of the project do not, having regard to their scale and extent, require assessment through the EIS process under division 3, subdivision 1. (3) The declaration must be made by gazette notice. (4) If the project involves development that requires a development approval, the Coordinator-General must give a copy of the gazette notice to the person who is, or is to be, the assessment manager for a development application for the approval. (5) If the project involves a proposed environmental authority for a mining activity relating to a mining lease, the Coordinator-General must give a copy of the gazette notice to the EPA and MRA Ministers. (6) If the project involves a proposed geothermal production lease under the Geothermal Energy Act 2010, the Coordinator-General must also give a copy of the gazette notice to the Minister for the time being administering that Act. (7) If the project involves a lease or licence under a petroleum Act, the Coordinator-General must also give a copy of the gazette notice to the Minister for the time being administering the Act. (8) If the project involves a proposed GHG injection and storage lease under the Greenhouse Gas Storage Act 2009, the Coordinator-General must also give a copy of the gazette notice to the Minister for the time being administering that Act. (9) In this section— petroleum Act means— (a) the Petroleum Act 1923; or (b) the Petroleum and Gas (Production and Safety) Act 2004; or (c) the Petroleum (Submerged Lands) Act 1982. 27 Matters Coordinator-General considers before making declaration (1) In considering whether to declare a project to be a coordinated project, the Coordinator-General must have regard, and may give the weight the Coordinator-General considers appropriate, to the following— (a) detailed information about the project given by the proponent in an initial advice statement; (b) relevant planning schemes or policy frameworks of a local government, the State or the Commonwealth; (c) relevant State policies and Government priorities; (d) a pre-feasibility assessment of the project, including how it satisfies an identified need or demand; (e) the capacity of the proponent to undertake and complete the EIS or IAR for the project; (f) any other matter the Coordinator-General considers relevant. (2) However, the Coordinator-General need not consider an application for a declaration under section 26(1) unless the Coordinator-General is satisfied that— (a) section 27AB has been complied with for the project; and (b) the project has at least 1 of the following— (i) complex approval requirements imposed by a local government, the State or the Commonwealth; (ii) strategic significance to a locality, region or the State, including for the infrastructure, economic and social benefits, capital investment or employment opportunities it may provide; (iii) significant environmental effects; (iv) significant infrastructure requirements. Subdivision 2 Applying for and obtaining coordinated project declaration 27AA Who may apply (1) The proponent of the project may apply to the Coordinator-General for a declaration under section 26(1) about the project. (2) To remove any doubt, it is declared that this subdivision does not prevent the Coordinator-General from making a declaration under section 26(1) on the Coordinator-General's own initiative. 27AB Requirements for application The application must be written and include— (a) an initial advice statement mentioned in section 27(1)(a); and (b) enough information about the project to allow the Coordinator-General to consider the matters mentioned in section 27(1)(b) to (f) and (2) for the project; and (c) a separate statement detailing the proponent's financial and technical capability to— (i) complete an EIS or IAR for the project; and (ii) give any additional information that may be requested by the Coordinator-General under section 34B(2)(b) or 34J(2)(b); and (d) a separate statement (pre-feasibility assessment) assessing the technical and commercial feasibility of the project. 27ABA Coordinator-General may refuse to receive or process application for declaration (1) This section applies if the Coordinator-General is not satisfied that an application for a declaration under section 26(1) for a coordinated project includes enough information about the project to allow the Coordinator-General to consider the matters mentioned in section 27(1)(b) to (f) or (2) for the project. (2) The Coordinator-General may— (a) refuse to receive or process the application; or (b) give the proponent a reasonable opportunity to give the information to the Coordinator-General before refusing to receive or process the application. (3) If the Coordinator-General decides to refuse to receive or process the application, the Coordinator-General must— (a) give the proponent written notice of the decision and the reasons for it; and (b) refund the application fee to the proponent. 27AC Deciding application (1) The Coordinator-General must decide whether or not to make the declaration. (2) Sections 26(2) and 27 apply for the making of the decision. (3) If the Coordinator-General decides not to make the declaration, the Coordinator-General must give the applicant written notice of the decision and the reasons for it. (4) The Coordinator-General may decide to declare, or not to declare, a project to be a coordinated project on the basis of 1 or more of the matters mentioned in section 27. (5) The Coordinator-General is not bound to declare a project to be a coordinated project merely because the project satisfies 1 or more of the matters mentioned in section 27. Subdivision 3 Miscellaneous provisions 27AD Application of Judicial Review Act 1991 The Judicial Review Act 1991, parts 3 and 5, other than section 41(1), do not apply to a decision, action or conduct of the Coordinator-General under this part relating to the project. 27AE Notice of change of proponent, contact details or registered office (1) The proponent of a coordinated project must give the Coordinator-General written notice of the following— (a) a change of proponent for the project; (b) a change in the proponent's contact details; (c) if the proponent is a corporation, a change in the proponent's registered office. (2) The notice must be given— (a) within 21 days after the change; or (b) by any later time allowed by the Coordinator-General in writing. 27AF Cancellation of declaration (1) The Coordinator-General may cancel a declaration made under section 26(1) for a coordinated project before completing a Coordinator-General's report for the project if— (a) the proponent of the project makes a written request to the Coordinator-General to cancel the declaration; or (b) the Coordinator-General considers that the proponent no longer has the capability to undertake and complete the EIS or IAR for the project; or (c) the Coordinator-General considers it is in the public interest to cancel the declaration; or (d) the proponent for the project changes; or (e) the proponent substantially changes the project from that described in the initial advice statement mentioned in section 27(1)(a); or (f) the proponent fails to comply with section 27AE in relation to the project. (2) If the Coordinator-General decides to cancel a declaration under subsection (1), the Coordinator-General must, within 14 days after the decision, give the proponent written notice of the decision and the reasons for it. (3) A decision to cancel the declaration takes effect on the later of— (a) the day the written notice is given to the proponent; or (b) the day of effect stated in the written notice. 27A Lapsing of declaration if EIS required (1) This section applies to a coordinated project if an EIS is required for the project. (2) The declaration for the project lapses if, within 18 months of the terms of reference being finalised, the Coordinator-General has not, under section 34A(1)(b), accepted a draft EIS for the project as the final EIS. (3) Despite subsection (2), if before the declaration lapses, the Coordinator-General gives written notice to the proponent stating a later time for the declaration to lapse, the declaration does not lapse until the later time. 27B Lapsing of declaration if IAR required (1) This section applies to a coordinated project if an IAR is required for the project. (2) The declaration for the project lapses if, within 18 months of the declaration being made, the Coordinator-General has not, under section 34I(1)(b), accepted a draft IAR as the final IAR for the project. (3) However, if before the lapsing of the declaration under subsection (2), the Coordinator-General gives written notice to the proponent stating a later time for the declaration to lapse, the declaration does not lapse until the later time. 28 Application of divs 3 – 8 Divisions 3 to 8 apply only if the project is declared, under section 26, to be a coordinated project. Division 3 Assessment process Subdivision 1 EIS process 29A Application of sdiv 1 This subdivision applies to a coordinated project for which an EIS is required. 29 Notice of requirement for EIS and of draft terms of reference (1) The Coordinator-General— (a) must advise the proponent that an EIS is required for the project; and (b) may publicly notify— (i) that an EIS is required for the project; and (ii) where copies of the draft terms of reference may be obtained; and (iii) that comments on the draft terms of reference are invited. (2) The public notification must state a period within which the comments must be made under subsection (1)(b). 29Q [Repealed] 30 Finalising terms of reference (1) If, under section 29, the Coordinator-General publicly notifies that comments on the draft terms of reference are invited— (a) the Coordinator-General must, as soon as practicable after the comment period ends, finalise the terms of reference for the EIS and give the proponent a copy; and (b) in finalising the terms of reference, the Coordinator-General must have regard to any comments on the draft terms of reference received by the Coordinator-General within the comment period. (2) Subsection (3) applies if the Coordinator-General has not, under section 29, publicly notified that comments on the draft terms of reference are invited. (3) The Coordinator-General must, as soon as practicable after the Coordinator-General advises the proponent that an EIS is required for the project under section 29(1)(a), finalise the terms of reference for the EIS and give the proponent a copy. (4) In this section— comment period means the period stated under section 29(2). 31 Coordinator-General may seek information to assist preparation of EIS (1) The Coordinator-General may refer details of the project, the initial advice statement and the terms of reference, to any entity the Coordinator-General considers may be able to give the Coordinator-General comment and information that will help in preparing the EIS. (2) If the entity wants the proponent to consider its response when preparing the EIS, the entity must give its response to the Coordinator-General within the reasonable time stated by the Coordinator-General for giving the response (the response time). (3) If the entity does not give its response within the response time, the proponent may prepare the EIS as if the entity had no comment on the project. 32 Preparation of draft EIS (1) The proponent of the project must prepare a draft EIS for the project. (2) The draft EIS prepared by the proponent must address, for the whole project, the terms of reference to the satisfaction of the Coordinator-General. 33 Public notification of draft EIS (1) After the proponent has prepared a draft EIS to the satisfaction of the Coordinator-General, the proponent must publicly notify the following— (a) where a copy of the draft EIS is available for inspection; (b) where a copy of the draft EIS may be obtained at a stated reasonable cost; (c) that submissions may be made to the Coordinator-General about the draft EIS; (d) the period (the submission period), set by the Coordinator-General, during which a submission may be made. (2) For subsection (1)(b), the stated reasonable cost must not be more than the actual cost of producing the copy. 34 Making submissions on draft EIS (1) During the submission period for a draft EIS, any person may make a submission to the Coordinator-General about the draft EIS. (2) The Coordinator-General must accept properly made submissions. (3) However, the Coordinator-General may accept a written submission even if the submission is not a properly made submission. (4) If the Coordinator-General has accepted a submission, the person who made the submission may, by written notice given to the Coordinator-General— (a) during the submission period—amend the submission; or (b) at any time before a decision about the draft EIS is made—withdraw the submission. 34A Coordinator-General decides whether to accept draft EIS as final EIS (1) After the end of the submission period for a draft EIS, the Coordinator-General must— (a) consider the following— (i) the draft EIS; (ii) any properly made submissions for the draft EIS; (iii) any other material the Coordinator-General considers is relevant to the project; and (b) decide whether or not to accept the draft EIS as the final EIS for the project. (2) The Coordinator-General may decide not to accept the draft EIS as the final EIS if satisfied additional information is needed about— (a) an environmental effect of the project; or (b) any other matter the Coordinator-General considers is relevant to the project. 34B Giving notice of decision (1) The Coordinator-General must give the proponent written notice of the Coordinator-General's decision under section 34A. (2) If the decision is not to accept the draft EIS as the final EIS, the notice must state the following— (a) the decision; (b) the additional information required by the Coordinator-General; (c) whether or not public notification of the additional information is required; (d) the period within which a draft EIS that includes or attaches the additional information (a revised draft EIS) must be given to the Coordinator-General. 34C Requirement to give additional information (1) This section applies if the Coordinator-General decides under section 34A(1)(b) not to accept the draft EIS as the final EIS. (2) If the notice given under section 34B states that public notification of the additional information is not required, the proponent must, within the period stated in the notice, give the Coordinator-General a revised draft EIS. (3) If the notice given under section 34B states that public notification of the additional information is required, the proponent must, within the period stated in the notice— (a) comply with section 33 as if a reference in that section to a draft EIS were a reference to the additional information stated in the notice; and (b) give the Coordinator-General a revised draft EIS. (4) Submissions about the additional information may be made under section 34 as if the information were a draft EIS. (5) If the Coordinator-General receives a revised draft EIS under subsection (2) or (3), sections 34A and 34B apply to the revised draft EIS— (a) as if a reference in section 34A(1) to the end of the submission period for the draft EIS were a reference to the day the Coordinator-General receives the revised draft EIS; and (b) as if a reference in section 34A(1)(a)(ii) to a properly made submission for the draft EIS were a reference to a properly made submission for the additional information; and (c) with any other necessary changes. 34D Report evaluating EIS (1) This section applies if the Coordinator-General decides under section 34A(1)(b) to accept the draft EIS as the final EIS. (2) The Coordinator-General must prepare a report evaluating the EIS. (3) In evaluating the EIS, the Coordinator-General may— (a) evaluate the environmental effects of the project and any other related matters; and (b) state conditions under section 39, 45, 47C, 49B, 49E or 49G; and (c) make recommendations under section 43 or 52; and (d) if division 8 applies to the project—impose, under that division, conditions for the undertaking of the project. (4) After completing the report, the Coordinator-General must— (a) give a copy of the report to the proponent; and (b) publicly notify the report. Subdivision 2 IAR process 34E Application of sdiv 2 This subdivision applies to a coordinated project for which an IAR is required. 34F Notice of requirement for IAR The Coordinator-General must, as soon as practicable after making a declaration under section 26(1)(b), give the proponent written notice that an IAR is required for the project. 34G Preparation of draft IAR (1) The proponent of the project must prepare a draft IAR for the project. (2) The draft IAR must include— (a) details of the project; and (b) information about the likely environmental effects of the project; and (c) a statement about whether or not any of the following approvals (each of which is a notifiable approval) is required for the project— (i) a development approval if the development application for the approval would, under the Planning Act, require impact assessment; (ii) an environmental authority if the application for the authority would, under the Environmental Protection Act, chapter 5, part 4, require public notification; (iii) another approval under an Act if— (A) the application for the approval requires, other than under the Planning Act or the Environmental Protection Act, chapter 5, an EIS or a similar statement to address the environmental effects of the approval; and (B) the application for, or the granting of, the approval requires public notification under the relevant Act. 34H Public notification of draft IAR (1) This section applies if— (a) a notifiable approval is required for the project; or (b) the Coordinator-General gives the proponent a written notice stating that the draft IAR for the project must be publicly notified under this section. (2) After the proponent prepares a draft IAR to the satisfaction of the Coordinator-General, the proponent must comply with section 33 as if a reference in that section to a draft EIS were a reference to the draft IAR. (3) Submissions about the draft IAR may be made under section 34 as if the draft IAR were a draft EIS. (4) In deciding whether the draft IAR may be publicly notified, the Coordinator-General may ask any person for information, advice or comment about the draft IAR. 34I Coordinator-General decides whether to accept draft IAR as final IAR (1) The Coordinator-General must— (a) consider the following— (i) the draft IAR; (ii) any properly made submissions for the draft IAR; (iii) any other material the Coordinator-General considers is relevant to the project; and (b) decide whether or not to accept the draft IAR as the final IAR. (2) However, subsection (1) does not apply until after— (a) if the draft IAR required public notification under section 34H—the submission period for the draft IAR ends; or (b) otherwise—the Coordinator-General receives the draft IAR. (3) The Coordinator-General may decide not to accept the draft IAR as the final IAR if satisfied additional information is needed about— (a) an environmental effect of the project; or (b) any other matter the Coordinator-General considers relevant to the project. (4) In making a decision under subsection (1)(b), the Coordinator-General may ask any person for information, advice or comment about the draft IAR. 34J Giving notice of decision (1) The Coordinator-General must give the proponent written notice of the Coordinator-General's decision under section 34I. (2) If the Coordinator-General decides not to accept the draft IAR as the final IAR, the notice must state the following— (a) the decision; (b) the additional information required; (c) whether or not public notification of the draft IAR as amended to include or attach the additional information (the revised draft IAR) is required; (d) the period within which the revised draft IAR must be given to the Coordinator-General. 34K Requirement to provide additional information (1) This section applies if the Coordinator-General decides under section 34I(1)(b) not to accept the draft IAR as the final IAR. (2) If the notice given under section 34J states that public notification of the revised draft IAR is not required, the proponent must, within the period stated in the notice, give the Coordinator-General the revised draft IAR. (3) If the notice given under section 34J states that public notification of the revised draft IAR is required, the proponent must, within the period stated in the notice— (a) comply with section 33 as if a reference in that section to a draft EIS were a reference to the revised draft IAR; and (b) give the Coordinator-General the revised draft IAR. (4) Submissions about the revised draft IAR may be made under section 34 as if the revised draft IAR were a draft EIS. (5) If the Coordinator-General receives a revised draft IAR under subsection (2) or (3), sections 34I and 34J apply to the revised draft IAR. 34L Report evaluating IAR (1) This section applies if the Coordinator-General decides under section 34I(1)(b) to accept the draft IAR as the final IAR. (2) The Coordinator-General must prepare a report evaluating the IAR. (3) In evaluating the IAR, the Coordinator-General may— (a) evaluate the environmental effects of the project and any other related matters; and (b) state conditions under section 39, 45, 47C, 49B, 49E or 49G; and (c) make recommendations under section 43 or 52; and (d) if division 8 applies to the project—impose, under that division, conditions for the undertaking of the project. (4) After completing the report, the Coordinator-General must— (a) give a copy of the report to the proponent; and (b) publicly notify the report. 35 [Repealed] Subdivision 3 Amendment and lapsing of Coordinator-General's report 35AA Amendment of Coordinator-General's report (1) The Coordinator-General may amend the report for the EIS or IAR for the project if the amendment is to correct a clerical error. (2) The Coordinator-General must give written notice of the amendment to— (a) the proponent; and (b) if the project is the subject of an application for a development approval and the Coordinator-General is not the assessment manager for the application—the assessment manager for the application. (3) The Coordinator-General must publicly notify— (a) the amendment; and (b) the report as amended. (4) The amendment has effect when the proponent is given notice of the amendment under subsection (2). 35A Lapsing of Coordinator-General's report (1) The Coordinator-General's report for the EIS or IAR for a project lapses— (a) if the report for the EIS or IAR states or implies a time for the report to lapse—at the stated or implied time; or (b) otherwise—3 years after the day the report is publicly notified under section 34D(4)(b) or 34L(4)(b). (2) Subsection (3) applies if— (a) the project the subject of the Coordinator-General's report requires 1 or more relevant approvals; and (b) the proponent applies for each relevant approval before the Coordinator-General's report would otherwise lapse under subsection (1). (3) Despite subsection (1), the Coordinator-General's report does not lapse, to the extent it relates to the relevant approval applied for, until— (a) if the application for the relevant approval is refused—the application is decided and any appeal against the decision is finalised or withdrawn; or (b) if the application for the relevant approval is approved—the approval takes effect. (4) Subsection (5) applies if, before the report would otherwise lapse under subsection (1) or (3), the Coordinator-General gives the proponent written notice stating a later time for the report to lapse. (5) Despite subsections (1) and (3), the Coordinator-General's report does not lapse until the later time stated in the notice. (6) Subsection (7) applies if— (a) division 8 applies to the project; and (b) the undertaking of the project substantially starts before the Coordinator-General's report would otherwise lapse under subsection (1), (3) or (5). (7) Despite subsections (1), (3) and (5), the Coordinator-General's report does not lapse and continues to have effect to the extent it imposes conditions for the undertaking of the project. (8) In this section— relevant approval means— (a) a development approval; or (b) a mining lease under the Mineral Resources Act; or (c) an environmental authority; or (d) a petroleum lease, pipeline licence or petroleum facility licence under the Petroleum and Gas (Production and Safety) Act 2004; or (e) a GHG injection and storage lease under the Greenhouse Gas Storage Act 2009; or (f) a geothermal production lease under the Geothermal Energy Act 2010; or (g) another approval under an Act if the application for the approval requires, other than under the Planning Act or the Environmental Protection Act, chapter 5, an EIS or a similar statement to address the environmental effects of the approval. Division 3A Changes to project Subdivision 1 Assessment of changes to project or conditions of project on proponent's application 35B Application of sdiv 1 This subdivision applies if, after the Coordinator-General complies with section 34D(4) or 34L(4), the proponent wishes the Coordinator-General to assess a proposed change to the project or a condition of the project. 35C Application for evaluation of environmental effects of proposed change The proponent may apply to the Coordinator-General to evaluate, under this subdivision, the environmental effects of the proposed change, its effects on the project and any other related matters. 35D [Repealed] 35E Requirements for application The application must be written and— (a) describe the proposed change and its effects on the project; and (b) state reasons for the proposed change; and (c) include enough information about the proposed change and its effects on the project to allow the Coordinator-General to make the evaluation. 35F Coordinator-General may seek comments or information (1) After receiving the application, the Coordinator-General may— (a) refer details of the proposed change, its effects on the project or any other related matter to anyone the Coordinator-General considers may be able to give comments or information to help the making of the evaluation; and (b) ask the proponent for further information about the proposed change, its effects on the project or any other related matter. (2) If the proponent does not comply with a request under subsection (1)(b) within a reasonable period after it is made, the Coordinator-General may make the evaluation without the further information. 35G Public notice (1) The Coordinator-General must decide whether or not to require the proponent to publicly notify the proposed change and its effects on the project, in a way decided by the Coordinator-General. (2) The Coordinator-General must give the proponent a written notice (the decision notice) stating the decision, and if the decision was to make a requirement under subsection (1), the decided way of public notification. (3) If the decision is to require public notification, the decision notice must be given before the evaluation is made. (4) Sections 33 and 34 apply to the public notification, and for submissions about the proposed change and its effect on the project, as if a reference in those sections to a draft EIS were a reference to the proposed change or the effects. (5) Subsections (6) to (8) apply if the decision is not to require public notification. (6) If the Coordinator-General is of the opinion that the proposed change might be approved unconditionally, the Coordinator-General may defer giving the decision notice. (7) If the Coordinator-General's opinion under subsection (6) changes or if the Coordinator-General is not of that opinion, the Coordinator-General must immediately give the decision notice. (8) If the proposed change is approved unconditionally, the decision notice must accompany the Coordinator-General's change report when it is given to the proponent under section 35J. (9) In this section— approved unconditionally, for the proposed change, means that the evaluation allows the change without the Coordinator-General doing anything mentioned in section 35I(2). 35H Criteria for evaluating proposed change In making the evaluation, the Coordinator-General must consider each of the following— (a) the nature of the proposed change and its effects on the project; (b) the project as currently evaluated under the Coordinator-General's report for the EIS or IAR for the project; (c) the environmental effects of the proposed change and its effects on the project; (d) if, under section 35G, public notification was required—all properly made submissions about the proposed change and its effects on the project; (e) if the change relates to a project for which an EIS was required—the material mentioned in section 34A(1)(a) to the extent the Coordinator-General considers it is relevant to the proposed change and its effects on the project; (f) if the change relates to a project for which an IAR was required—the material mentioned in section 34I(1)(a) to the extent the Coordinator-General considers it is relevant to the proposed change and its effects on the project. 35I Coordinator-General's change report (1) The Coordinator-General must prepare a report (a Coordinator-General's change report) that makes the evaluation. (2) In making the evaluation, the Coordinator-General may— (a) state conditions of a type mentioned in section 39, 45, 47C, 49B, 49E or 49G that are relevant to the proposed change, its effects on the project or any other related matter; and (b) make recommendations of a type mentioned in section 43 or 52 that are relevant to the proposed change, its effects on the project or any other related matter; and (c) amend any conditions or recommendations for the project stated or made under section 34D(3) or 34L(3); and (d) if division 8 applies to the project—impose, under that division, conditions for the undertaking of the project. (3) The evaluation may refuse to allow the proposed change. (4) If the evaluation refuses to allow the proposed change, it must state reasons for the refusal. 35J Distribution of Coordinator-General's change report After completing the Coordinator-General's change report, the Coordinator-General must— (a) give a copy of it to the proponent; and (b) publicly notify the report. 35K Relationship with Coordinator-General's report (1) The Coordinator-General's report for the EIS or IAR for the project and the Coordinator-General's change report both have effect for the project. (2) However, if the reports conflict, the Coordinator-General's change report prevails to the extent of the inconsistency. 35KA Amendment of Coordinator-General's change report (1) The Coordinator-General may amend a change report if the amendment is to correct a clerical error. (2) The Coordinator-General must give written notice of the amendment to— (a) the proponent; and (b) if the project is the subject of an application for a development approval and the Coordinator-General is not the assessment manager for the application—the assessment manager for the application. (3) The Coordinator-General must publicly notify— (a) the amendment; and (b) the change report as amended. (4) The amendment has effect when the proponent is given notice of the amendment under subsection (2). 35L Lapsing of Coordinator-General's change report (1) The Coordinator-General's change report for a project lapses— (a) generally—at the same time as the Coordinator-General's report for the EIS or IAR for the project lapses under section 35A; or (b) if the change report states a different day—on the day stated in the change report. (2) Subsection (3) applies if— (a) division 8 applies to the project; and (b) the Coordinator-General's report for the EIS or IAR for the project continues to have effect but only to the extent it imposes conditions for the undertaking of the project. (3) Despite subsection (1), the Coordinator-General's change report for the project does not lapse until the day stated in the change report. Subdivision 2 Assessment of changes to project on Coordinator-General's own initiative 35M Application of sdiv 2 This subdivision applies if, after the Coordinator-General complies with section 34D(4) or 34L(4) for a coordinated project, the Coordinator-General wishes to assess a proposed change to the project on his or her own initiative. 35N Procedure for making assessment (1) The Coordinator-General may assess the proposed change under this section. (2) The Coordinator-General must give the proponent of the coordinated project written notice stating— (a) that the Coordinator-General proposes to assess a stated proposed change to the project; and (b) the reasons for the proposed assessment; and (c) that the proponent may, within 5 business days after receiving the notice, give the Coordinator-General the proponent's written views about whether the proposed assessment should be made. (3) The Coordinator-General may, whether or not the 5 business days has elapsed, extend the time allowed under subsection (2)(c) for the proponent to give the written views. (4) If, after considering any written views given to the Coordinator-General under subsection (2)(c), the Coordinator-General decides to make the assessment, the Coordinator-General must give the proponent a written notice stating— (a) the decision and the reasons for it; and (b) that within 20 business days after receiving the notice the proponent must apply to the Coordinator-General to evaluate under subdivision 1 the environmental effects of the proposed change, its effects on the project and any other related matters. (5) Subdivision 1, other than sections 35B and 35C, apply in relation to the application as if it were an application made under the subdivision. Example— The application must comply with section 35E as if the application were an application made under the subdivision. (6) The Coordinator-General may, if asked in writing by the proponent, extend the time under subsection (4)(b) before the end of the 20 business days. (7) The proponent must comply with a requirement under subsection (4)(b). Maximum penalty—1,665 penalty units. Division 4 Relationship with Planning Act Subdivision 1 Development approvals 36 Application of sdiv 1 This subdivision applies if— (a) the project involves development requiring a development approval; and (b) any or all of the following applications (each a relevant application) is made— (i) a development application for the development approval; (ii) a change application, other than a minor change application, to change a development approval that approves part of the development; (iii) a change application, other than a minor change application, to change a development approval to approve part of the development; and (c) the Coordinator-General's report for the EIS or IAR for the project