{"id":"environment-protection-regulations-2020","name":"ENVIRONMENT PROTECTION REGULATIONS 2020","slug":"environment-protection-regulations-2020","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176807,"registerId":"nt-environment-protection-regulations-2020-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Citation","content":"1 Citation\nThese Regulations may be cited as the Environment Protection\nRegulations 2020.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThese Regulations commence on the day on which section 17 of\nthe Environment Protection Act 2019 commences.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"3 Definitions\nIn these Regulations:\namend includes substitute.\napproval holder initiated EIS referral means a referral mentioned\nin regulation 215.\nCommonwealth Act means the Environment Protection and\nBiodiversity Conservation Act 1999 (Cth).\ndirector, in relation to a body corporate, includes a person\nconcerned in the management of the body corporate.\nEAA referred action, see regulation 212A.\nEIS means environmental impact statement.\nenvironmental (mining) licence matter, for Part 12, Division 1,\nSubdivision 2A, see regulation 269A.\nenvironmental work means any of the following:\n(a) preparing environmental impact assessment documents and\namending documents;\n\nEnvironment Protection Regulations 2020 2\n(b) providing an independent review of environmental impact\nassessment documents and information;\n(c) providing advice on the environmental impact assessment\nprocess;\n(d) undertaking any investigation under the Act or these\nRegulations;\n(e) preparing or reviewing any other document required under the\nAct or these Regulations.\nfit and proper person, for Part 9, see regulation 235.\ninfringement notice, see regulation 257.\ninfringement notice offence, see regulation 256(1).\ninquiry panel means a panel appointed under regulation 150(1).\nmethod of environmental impact assessment, see regulation 5.\nnon-assessed action, see regulation 212A.\nnon-assessed strategic proposal, see regulation 212A.\nprescribed amount, see regulation 256(2).\nproponent initiated EIS referral means a referral mentioned in\nregulation 43.\nreferred action means a proposed action referred to the NT EPA\nunder section 48 or 50(2)(c) of the Act for standard assessment.\nreferred significant variation means:\n(a) a proposed significant variation of an action notified under\nsection 51(1) of the Act; or\n(b) a proposed significant variation of a strategic proposal notified\nunder section 51(2) of the Act; or\n(c) a proposed significant variation of an action that has been\nreferred to the NT EPA under section 52(1) of the Act.\nreferred strategic proposal means a strategic proposal referred to\nthe NT EPA under section 49 of the Act for strategic assessment.\nspecified period, for Part 12, Division 2, Subdivision 3, see\nregulation 279A.\n\nEnvironment Protection Regulations 2020 3\nsubmission period, for Part 12, Division 2, Subdivision 1A, see\nregulation 277A.\nterms of reference, in relation to an environmental impact\nassessment, means:\n(a) the terms of reference approved under Part 5, Division 3 or\n","sortOrder":2},{"sectionNumber":"Part 7","sectionType":"part","heading":"for the assessment; or","content":"Part 7 for the assessment; or\n(b) if the terms of reference are amended under these\nRegulations – the terms of reference as amended.\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Meaning of significant environmental harm","content":"4 Meaning of significant environmental harm\nFor section 9(b) of the Act, the amount prescribed is $50 000.\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Methods of environmental impact assessment","content":"5 Methods of environmental impact assessment\n(1) The methods of environmental impact assessment that may be\nrequired for a referred action, a referred strategic proposal or a\nreferred significant variation are:\n(a) assessment by referral information; or\n(b) assessment by supplementary environmental report; or\n(c) assessment by environmental impact statement; or\n(d) assessment by inquiry.\n(2) An assessment by inquiry may be carried out separately or with any\nother method of environmental impact assessment.\n(3) An assessment by inquiry that is carried out with another method of\nassessment must not duplicate any matters being assessed by that\nother method.\n","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Fit and proper person","content":"6 Fit and proper person\n(1) For section 62(1)(b) or 124R(1)(b) of the Act, the following matters\nare prescribed:\n(a) whether, in the Minister's opinion, the person is of good\nrepute, having regard to character, honesty and integrity;\n(b) if the person is a body corporate – whether, in the Minister's\nopinion, each director of the body corporate is of good repute,\nhaving regard to character, honesty and integrity;\n\nEnvironment Protection Regulations 2020 4\n(c) if the person is a member of a partnership – whether, in the\nMinister's opinion, each member of the partnership is of good\nrepute, having regard to character, honesty and integrity.\n(2) If the Minister has regard to the matters in section 62(1)(a)\nor 124R(1)(a) of the Act in relation to a person that is a body\ncorporate, the following additional matters are prescribed for\nsection 62(1)(b) or 124R(1)(b) of the Act:\n(a) whether the Minister believes on reasonable grounds that a\ndirector of the body corporate:\n(i) has contravened a law of the Territory or another\njurisdiction that relates to the physical or biological\nenvironment, including matters relating to pollution,\nbiodiversity, natural resources, planning, development or\nwaste; or\n(ii) has contravened a law of the Territory or another\njurisdiction that relates to heritage, health or cultural\nmatters, including matters relating to sacred sites; or\n(iii) has contravened a law of the Territory or another\njurisdiction that relates to work health and safety; or\n(iiia) has contravened a law of the Territory under which a tax\nor royalty is payable to the Territory; or\n(iv) has committed an offence against any law of the\nTerritory or another jurisdiction that involves an element\nof fraud or dishonesty; or\n(v) has behaved or is likely to behave in a way that is\ninconsistent with the person's duties as an approval\nholder or a mining operator (as the case requires);\n(b) whether the Minister believes on reasonable grounds that a\ndirector of the body corporate is or has been the director of\nanother body corporate that has engaged in conduct of a kind\nmentioned in paragraph (a);\n(c) if the body corporate is the subsidiary of another body or\ncompany (the parent company) – whether the Minister\nbelieves on reasonable grounds that:\n(i) the parent company or a director of the parent company\nhas engaged in conduct of a kind mentioned in\nparagraph (a); or\n\nEnvironment Protection Regulations 2020 5\n(ii) a director of the parent company is or has been the\ndirector of another body corporate that has engaged in\nconduct of a kind mentioned in paragraph (a).\n(3) Subregulation (2) does not apply in relation to conduct by a person\nto the extent that the Minister, having regard to the following\nmatters, considers that the conduct should not be taken into\naccount:\n(a) the seriousness of the conduct;\n(b) the length of time since the conduct occurred;\n(c) any other matters that appear relevant to the Minister.\n(4) For sections 62(1)(b) and 124R(1)(b) of the Act, the following\nadditional matters are prescribed:\n(a) whether the person, during the previous 3 years:\n(i) was an undischarged bankrupt; or\n(ii) applied to take the benefit of any law for the relief of\nbankrupt or insolvent debtors; or\n(iii) compounded with the person's creditors or made an\nassignment of the person's remuneration for their\nbenefit;\n(b) whether the person is or was a director of a body corporate:\n(i) that is the subject of a winding up order; or\n(ii) for which a controller or administrator has been\nappointed during the previous 3 years;\n(c) if the person is a body corporate – whether the body\ncorporate:\n(i) is the subject of a winding up order; or\n(ii) has had a controller or administrator appointed during\nthe previous 3 years;\n(d) whether, in the Minister's opinion, the person has the financial\ncapacity to comply with the person's obligations under the\nenvironmental approval;\n(e) whether, in the Minister's opinion, actions or things authorised\nby the environmental approval will be carried out by a\ntechnically competent person.\n\nEnvironment Protection Regulations 2020 6\n(5) If the Minister is considering, under Part 5 of the Act, whether a\nperson is a fit and proper person to hold an environmental approval,\nthe person must provide to the NT EPA or the Minister any\ninformation required by the NT EPA or the Minister for that\nconsideration.\n(6) If the Minister is considering, under Part 5A of the Act, whether the\nperson is a fit and proper person to hold an environmental (mining)\nlicence, the person must give the Minister any information required\nby the Minister for that consideration.\n","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Purpose of Division","content":"7 Purpose of Division\nThis Division sets out processes for preparing the following:\n(a) the declaration of an environmental objective under section 28\nof the Act;\n(b) the declaration of a referral trigger under section 30 of the Act;\n(c) a review of environmental objectives and referral triggers\nunder section 32 of the Act;\n(d) the amendment of an environmental objective or referral\ntrigger under section 33 of the Act;\n(e) the revocation of an environmental objective or referral trigger\nunder section 33 of the Act.\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Application of Subdivision","content":"8 Application of Subdivision\nThis Subdivision applies if the Minister proposes to declare:\n\nEnvironment Protection Regulations 2020 7\n","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Draft declaration to be prepared","content":"9 Draft declaration to be prepared\nThe Minister must prepare a draft declaration of the environmental\nobjective or referral trigger.\n10 Consultation with NT EPA\ndeclaration.\n11 Public consultation\nunder regulation 9.\n12 Decision on draft declaration\n(a) the comments of the NT EPA on the draft declaration; and\n(b) any written comments received on the draft declaration within\nregulation 11.\n(a) to declare the environmental objective or referral trigger; or\n(b) to amend the draft environmental objective or referral trigger\nand declare the amended objective or trigger; or\n(c) not to declare the environmental objective or referral trigger.\n\nEnvironment Protection Regulations 2020 8\n","sortOrder":9},{"sectionNumber":"13","sectionType":"section","heading":"Application of Subdivision","content":"13 Application of Subdivision\nThis Subdivision applies if the Minister proposes to review the\nenvironmental objectives and referral triggers.\n","sortOrder":10},{"sectionNumber":"14","sectionType":"section","heading":"Consultation with NT EPA","content":"14 Consultation with NT EPA\nThe Minister must consult with the NT EPA in relation to the review\nof the environmental objectives and referral triggers.\n","sortOrder":11},{"sectionNumber":"15","sectionType":"section","heading":"Public consultation","content":"15 Public consultation\n(1) The Minister must publish a notice of the review of the\nenvironmental objectives and referral triggers.\n(2) The notice must invite interested persons to make written\ncomments to the Minister on the review within the period specified\n","sortOrder":12},{"sectionNumber":"16","sectionType":"section","heading":"Decision on review","content":"16 Decision on review\n(a) the comments of the NT EPA on the review; and\n(b) any written comments received on the review within the\ncomment period specified in the notice under regulation 15.\n(a) that a new or amended environmental objective or referral\ntrigger is required; or\n(b) that the existing environmental objectives and referral triggers\nare to remain unchanged.\n(3) The Minister must publish a decision and a statement of reasons for\nthe decision under subregulation (2) as soon as practicable after\nthe decision is made.\n(4) Subdivision 2 applies to the declaration of a new environmental\nobjective or referral trigger after a review.\n(5) Subdivision 4 applies to the amendment of an environmental\nobjective or referral trigger after a review.\n\nEnvironment Protection Regulations 2020 9\n","sortOrder":13},{"sectionNumber":"17","sectionType":"section","heading":"Application of Subdivision","content":"17 Application of Subdivision\n(1) This Subdivision applies if the Minister proposes to amend:\n(2) This Subdivision does not apply to an administrative amendment.\n","sortOrder":14},{"sectionNumber":"18","sectionType":"section","heading":"Draft amendment declaration to be prepared","content":"18 Draft amendment declaration to be prepared\nThe Minister must prepare a draft amendment declaration to amend\nthe environmental objective or referral trigger.\n","sortOrder":15},{"sectionNumber":"19","sectionType":"section","heading":"Consultation with NT EPA","content":"19 Consultation with NT EPA\namendment declaration.\n","sortOrder":16},{"sectionNumber":"20","sectionType":"section","heading":"Public consultation","content":"20 Public consultation\n(1) The Minister must publish a notice of the draft amendment\ndeclaration prepared under regulation 18.\n(a) state where the draft amendment declaration, and a statement\nof reasons for the draft amendment declaration, may be\nMinister on the draft amendment declaration within the period\n","sortOrder":17},{"sectionNumber":"21","sectionType":"section","heading":"Decision on draft amendment declaration","content":"21 Decision on draft amendment declaration\n(a) the comments of the NT EPA on the draft amendment\ndeclaration; and\n(b) any written comments received on the draft amendment\ndeclaration within the comment period specified in the notice\nunder regulation 20.\n\nEnvironment Protection Regulations 2020 10\n(a) to declare the amendment to the environmental objective or\nreferral trigger; or\n(b) to amend the draft amendment declaration and declare the\namendment to the environmental objective or referral trigger\nas so amended; or\n(c) not to declare the amendment to the environmental objective\nor referral trigger.\n","sortOrder":18},{"sectionNumber":"22","sectionType":"section","heading":"Application of Subdivision","content":"22 Application of Subdivision\n(1) This Subdivision applies if the Minister proposes to revoke:\n(2) This Subdivision does not apply to an amendment that substitutes\nan environmental objective or referral trigger.\n","sortOrder":19},{"sectionNumber":"23","sectionType":"section","heading":"Draft revocation to be prepared","content":"23 Draft revocation to be prepared\nThe Minister must prepare a draft revocation of the environmental\nobjective or referral trigger.\n","sortOrder":20},{"sectionNumber":"24","sectionType":"section","heading":"Consultation with NT EPA","content":"24 Consultation with NT EPA\nrevocation.\n","sortOrder":21},{"sectionNumber":"25","sectionType":"section","heading":"Public consultation","content":"25 Public consultation\n(1) The Minister must publish a notice of the draft revocation prepared\nunder regulation 23.\n(a) state where the draft revocation, and a statement of reasons\nfor the draft revocation, may be inspected and obtained; and\nMinister on the draft revocation within the period specified in\n\nEnvironment Protection Regulations 2020 11\n","sortOrder":22},{"sectionNumber":"26","sectionType":"section","heading":"Decision on draft revocation","content":"26 Decision on draft revocation\n(a) the comments of the NT EPA on the draft revocation; and\n(b) any written comments received on the draft revocation within\nregulation 25.\n(a) to revoke the environmental objective or referral trigger; or\n(b) not to revoke the environmental objective or referral trigger\nand to declare an amendment to the objective or trigger\ninstead; or\n(c) not to revoke the environmental objective or referral trigger.\n","sortOrder":23},{"sectionNumber":"Div 2","sectionType":"division","heading":"Protected environmental areas and prohibited","content":"Division 2 Protected environmental areas and prohibited\nactions\n","sortOrder":24},{"sectionNumber":"27","sectionType":"section","heading":"Purpose of Division","content":"27 Purpose of Division\n(1) This Division sets out processes for preparing the following:\n(a) a permanent declaration of a protected environmental area\nunder section 36 of the Act;\n(b) a declaration of a prohibited action or a class of prohibited\nactions under section 38 of the Act;\n(c) a revocation of a declaration under section 39 of the Act.\n(2) This Division does not apply to an administrative amendment.\n\nSubdivision 2 Process for declaring protected environmental area or prohibited action\nEnvironment Protection Regulations 2020 12\nSubdivision 2 Process for declaring protected environmental\narea or prohibited action\n28 Application of Subdivision\nThis Subdivision applies if the Minister proposes to declare:\n(a) an area of land to be a protected environmental area; or\n(b) a prohibited action or a class of prohibited actions.\n","sortOrder":25},{"sectionNumber":"29","sectionType":"section","heading":"Draft declaration to be prepared","content":"29 Draft declaration to be prepared\nThe Minister must prepare:\n(a) a draft permanent declaration of the protected environmental\narea; or\n(b) a draft declaration of the prohibited action or a class of\nprohibited actions.\n30 Consultation with NT EPA\ndeclaration.\n31 Public consultation\nunder regulation 29.\n32 Decision on draft declaration\n(a) the comments of the NT EPA on the draft declaration; and\n\n","sortOrder":26},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Process for revoking permanent declaration of area or declaration of action","content":"Subdivision 4 Process for revoking permanent declaration of area or declaration of action\nEnvironment Protection Regulations 2020 13\n(b) any written comments received on the draft declaration within\nregulation 31.\n(a) to declare the protected environmental area or the prohibited\naction or class of prohibited actions; or\n(b) to amend the draft declaration and declare the protected\nenvironmental area or the prohibited action or class of\nprohibited actions in accordance with the amended draft\ndeclaration; or\n(c) not to declare the protected environmental area or the\nprohibited action or class of prohibited actions.\n(3) The Minister must make reasonable efforts to advise any owner or\noccupier of land in the protected environmental area of the making\nof the permanent declaration of the area.\n","sortOrder":27},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Process for revoking temporary declaration of area","content":"Subdivision 3 Process for revoking temporary declaration of area\n","sortOrder":28},{"sectionNumber":"33","sectionType":"section","heading":"Consultation with NT EPA","content":"33 Consultation with NT EPA\nThe Minister must consult with the NT EPA and consider the\ncomments of the NT EPA before revoking a temporary declaration\nin whole or in part under section 39(1) of the Act.\nSubdivision 4 Process for revoking permanent declaration of\narea or declaration of action\n","sortOrder":29},{"sectionNumber":"34","sectionType":"section","heading":"Application of Subdivision","content":"34 Application of Subdivision\nThis Subdivision applies if the Minister proposes to revoke:\n(a) the permanent declaration of a protected environmental area;\nor\n(b) the declaration of a prohibited action or class of prohibited\nactions.\n","sortOrder":30},{"sectionNumber":"35","sectionType":"section","heading":"Draft revocation declaration to be prepared","content":"35 Draft revocation declaration to be prepared\nThe Minister must prepare a draft revocation of:\n(a) the permanent declaration of a protected environmental area;\nor\n\nSubdivision 4 Process for revoking permanent declaration of area or declaration of action\nEnvironment Protection Regulations 2020 14\n(b) the declaration of a prohibited action or class of prohibited\nactions.\n","sortOrder":31},{"sectionNumber":"36","sectionType":"section","heading":"Consultation with NT EPA","content":"36 Consultation with NT EPA\nrevocation.\n","sortOrder":32},{"sectionNumber":"37","sectionType":"section","heading":"Public consultation","content":"37 Public consultation\n(1) The Minister must publish a notice of the draft revocation prepared\nunder regulation 35.\n(a) state where the draft revocation, and a statement of reasons\nfor the draft revocation, may be inspected and obtained; and\nMinister on the draft revocation within the period specified in\n","sortOrder":33},{"sectionNumber":"38","sectionType":"section","heading":"Decision on draft revocation","content":"38 Decision on draft revocation\n(a) the comments of the NT EPA on the draft revocation; and\n(b) any written comments received on the draft revocation within\nregulation 37.\n(a) to revoke:\n(i) the permanent declaration of the protected\nenvironmental area; or\n(ii) the declaration of the prohibited action or class of\nprohibited actions; or\n(b) not to revoke the declaration of the protected environmental\narea or prohibited action or class of prohibited actions and to\ndeclare an amendment to the declaration instead; or\n(c) not to revoke the declaration of the protected environmental\narea or prohibited action or class of prohibited actions.\n\nEnvironment Protection Regulations 2020 15\n","sortOrder":34},{"sectionNumber":"Part 4","sectionType":"part","heading":"Referrals of proposed actions and strategic","content":"Part 4 Referrals of proposed actions and strategic\nproposals\n","sortOrder":35},{"sectionNumber":"39","sectionType":"section","heading":"Purpose of Part","content":"39 Purpose of Part\nThis Part sets out processes for considering and dealing with the\nfollowing:\n(a) a referral of a proposed action for a standard assessment\nunder section 48 or 50(2)(c) of the Act;\n(b) a referral of a strategic proposal for a strategic assessment\nunder section 49 of the Act.\n","sortOrder":36},{"sectionNumber":"40","sectionType":"section","heading":"Additional information about referral","content":"40 Additional information about referral\n(1) On receipt of a referral of a proposed action for a standard\nassessment under section 48 or 50(2)(c) of the Act or a strategic\nproposal for a strategic assessment under section 49 of the Act, the\nNT EPA may direct the proponent to give it additional information in\nrelation to the referral, within a specified period.\n(a) a material omission from the referral; and\n(b) required to enable the NT EPA to properly consider the\nreferral and whether it is required to be made.\n(3) A direction must be given within 10 business days after the NT EPA\nreceives the referral.\nperiod for the NT EPA to make a decision on the referral under\nregulation 44, 45 or 46 ceases to run until the information is given.\n","sortOrder":37},{"sectionNumber":"41","sectionType":"section","heading":"Decision not to proceed with referral process","content":"41 Decision not to proceed with referral process\n(1) The NT EPA may decide not to proceed with a referral of a\nproposed action or strategic proposal if the NT EPA has directed\nthe proponent to give it additional information under regulation 40\nand the proponent has failed to give that information within the\nperiod specified in that direction.\n\nEnvironment Protection Regulations 2020 16\n(2) The NT EPA must give written notice to the proponent of a decision\nunder subregulation (1).\n","sortOrder":38},{"sectionNumber":"42","sectionType":"section","heading":"Show cause process","content":"42 Show cause process\n(1) The NT EPA must not make a decision under regulation 41 unless\nthe NT EPA has first complied with this regulation.\n(a) stating the NT EPA's intention not to proceed with the referral\nof the proposed action or strategic proposal; and\n(b) asking the proponent to show cause why the referral should\nproceed.\nthe show cause notice in making a decision under regulation 41.\n","sortOrder":39},{"sectionNumber":"43","sectionType":"section","heading":"Proponent initiated EIS referral","content":"43 Proponent initiated EIS referral\nA proponent may include in a referral of a proposed action for a\nstandard assessment under section 48 or 50(2)(c) of the Act or a\nstrategic proposal for a strategic assessment under section 49 of\nthe Act:\n(a) draft terms of reference for an assessment by environmental\nimpact statement for the proposed action or strategic\nproposal; and\n(b) a statement of reasons why:\n(i) an assessment by environmental impact statement is\nrequired for the proposed action or strategic proposal;\nand\n(ii) the draft terms of reference are appropriate.\n\nEnvironment Protection Regulations 2020 17\n","sortOrder":40},{"sectionNumber":"44","sectionType":"section","heading":"Decision whether to accept referral for standard assessment","content":"44 Decision whether to accept referral for standard assessment\n(1) The NT EPA must accept or refuse to accept a referral of a\nproposed action for a standard assessment under section 48\nor 50(2)(c) of the Act within 15 business days after the referral is\nwithin the required period, the referral is taken to be accepted.\nregulation 41 not to proceed with the referral.\n","sortOrder":41},{"sectionNumber":"45","sectionType":"section","heading":"Decision in relation to referral for strategic assessment","content":"45 Decision in relation to referral for strategic assessment\n(1) The NT EPA may accept a referral of a strategic proposal for a\nstrategic assessment under section 49 of the Act if it considers it\nappropriate to do so.\n(2) The NT EPA must make a decision whether to accept or refuse to\naccept a referral of a strategic proposal for a strategic assessment\nunder section 49 of the Act within 15 business days after the\nreferral is made.\nregulation 41 not to proceed with the referral.\n","sortOrder":42},{"sectionNumber":"46","sectionType":"section","heading":"Decision on proponent initiated EIS referral","content":"46 Decision on proponent initiated EIS referral\nIf a referral of a proposed action or strategic proposal includes the\nmatters mentioned in regulation 43(a) and (b), the NT EPA may\ndecide to accept the referral as a proponent initiated EIS referral.\n","sortOrder":43},{"sectionNumber":"47","sectionType":"section","heading":"General grounds for refusal to accept referral","content":"47 General grounds for refusal to accept referral\nThe NT EPA may refuse to accept a referral of a proposed action\nfor a standard assessment under section 48 or 50(2)(c) of the Act\nor a strategic proposal for a strategic assessment under section 49\nof the Act if the NT EPA considers that the referral:\n\nEnvironment Protection Regulations 2020 18\n(d) was not required to be made.\n","sortOrder":44},{"sectionNumber":"47A","sectionType":"section","heading":"Grounds for refusal to accept referral for standard assessment","content":"47A Grounds for refusal to accept referral for standard assessment\nThe NT EPA may refuse to accept a referral of a proposed action\nfor a standard assessment under section 48 or 50(2)(c) of the Act if\nthe NT EPA considers that the referral:\n(b) is of a proposed action of a kind that will be assessed through\nthe assessment of a strategic proposal that has been referred\nfor assessment; or\n(c) is of a proposed action that has been assessed as part of a\nstrategic assessment.\n","sortOrder":45},{"sectionNumber":"48","sectionType":"section","heading":"Ground for refusal to accept referral for strategic assessment","content":"48 Ground for refusal to accept referral for strategic assessment\n(1) Without limiting regulation 47, the NT EPA may refuse to accept a\nreferral of a strategic proposal for a strategic assessment if it\nconsiders that a standard assessment is more appropriate.\n(2) If the NT EPA refuses to accept a referral of a strategic proposal for\na strategic assessment, it may accept the referral as a referral of a\nproposed action for a standard assessment.\n","sortOrder":46},{"sectionNumber":"49","sectionType":"section","heading":"Ground for refusal to accept referral as proponent initiated EIS","content":"49 Ground for refusal to accept referral as proponent initiated EIS\nreferral\n(1) Without limiting regulation 47 or 48, the NT EPA may refuse to\naccept a referral as a proponent initiated EIS referral if the NT EPA\nconsiders that an assessment by environmental impact statement is\nunlikely to be required for the proposed action or strategic proposal.\n(2) If the NT EPA refuses to accept a referral as a proponent initiated\nEIS referral, it may accept the referral as a referral for a standard\nassessment or strategic assessment.\n","sortOrder":47},{"sectionNumber":"50","sectionType":"section","heading":"Notice to proponent of decision","content":"50 Notice to proponent of decision\n(1) The NT EPA must give notice of a decision under regulation 44, 45\nor 46 to the proponent.\n(a) a statement that the referral has been accepted or refused;\n\nEnvironment Protection Regulations 2020 19\nthe referral relates;\n(d) the nature of the proposed action or strategic proposal to\nwhich the referral relates.\n(3) If the NT EPA refuses to accept a referral, the NT EPA must give\nthe proponent a statement of reasons for the decision.\nreferral, the statement of reasons must be given to the proponent\nas soon as practicable after the decision is made.\n","sortOrder":48},{"sectionNumber":"51","sectionType":"section","heading":"Publication of documents","content":"51 Publication of documents\n(b) if the decision is to refuse to accept the referral – the\nstatement of reasons for the decision.\n(2) If the referral is accepted, the NT EPA must also publish the\nfollowing as soon as practicable after the decision is made:\n(a) a copy of the accepted referral;\n(b) any direction given under regulation 40;\ngiven under regulation 40;\n(d) for an accepted proponent initiated EIS referral – the draft\nterms of reference and statement of reasons provided under\nregulation 43.\n","sortOrder":49},{"sectionNumber":"52","sectionType":"section","heading":"Public consultation","content":"52 Public consultation\n(1) If the referral is accepted, the NT EPA must publish a notice:\n(a) advising where the documents mentioned in regulation 51\nEPA on the referral within the period specified in the notice.\n\nEnvironment Protection Regulations 2020 20\n(2) The submission period is to be:\n(a) for a referral for a standard assessment that is not an\naccepted proponent initiated EIS referral – 20 business days\nafter the date of the notice; or\n(b) for a referral for a standard assessment that is an accepted\nproponent initiated EIS referral – 30 business days after the\ndate of the notice; or\n(c) for a referral for a strategic assessment that is not an\naccepted proponent initiated EIS referral – 30 business days\nafter the date of the notice; or\n(d) for a referral for a strategic assessment that is an accepted\nproponent initiated EIS referral – 40 business days after the\ndate of the notice.\n","sortOrder":50},{"sectionNumber":"53","sectionType":"section","heading":"Consultation with government authorities","content":"53 Consultation with government authorities\nIf the referral is accepted, the NT EPA must:\nview on the referral; and\nNT EPA about the referral within the submission period\n","sortOrder":51},{"sectionNumber":"54","sectionType":"section","heading":"Application of Division","content":"54 Application of Division\nThis Division applies if either of the following is accepted under\nDivision 2:\n(a) a referral of a proposed action for a standard assessment\nunder section 48 or 50(2)(c) of the Act;\n(b) a referral of a strategic proposal for a strategic assessment\nunder section 49 of the Act.\n","sortOrder":52},{"sectionNumber":"55","sectionType":"section","heading":"NT EPA to consider accepted referral","content":"55 NT EPA to consider accepted referral\nThe NT EPA must consider whether the proposed action or\nstrategic proposal specified in the accepted referral requires an\nenvironmental impact assessment.\n\nEnvironment Protection Regulations 2020 21\n","sortOrder":53},{"sectionNumber":"56","sectionType":"section","heading":"Matters NT EPA must consider","content":"56 Matters NT EPA must consider\nBefore making a decision or recommendation under regulation 57\nor 58, the NT EPA must consider the following:\n(a) the accepted referral;\nregulation 40;\n(c) any submissions made under regulation 52 or 53.\n","sortOrder":54},{"sectionNumber":"57","sectionType":"section","heading":"Decision or recommendation on accepted referral except","content":"57 Decision or recommendation on accepted referral except\nproponent initiated EIS referral\n(1) This regulation does not apply to a proponent initiated EIS referral.\n(2) The NT EPA may, in relation to an accepted referral:\nrequired; or\n(i) that a standard assessment is required; and\n(c) in the case of a referred strategic proposal – recommend to\nthe Minister:\n(i) that a strategic assessment be carried out; and\n(d) recommend to the Minister that the Minister refuse to grant\n(3) A decision or recommendation under this regulation must be made\nwithin 30 business days after the end of the submission period\n(4) The required period for the NT EPA to make a decision or\nrecommendation under this regulation ceases to run during the\nperiod of any consultation required under regulation 60, 61 or 62.\n\nEnvironment Protection Regulations 2020 22\n","sortOrder":55},{"sectionNumber":"58","sectionType":"section","heading":"Decision or recommendation on proponent initiated EIS","content":"58 Decision or recommendation on proponent initiated EIS\nreferral\n(1) The NT EPA may, in relation to a proponent initiated EIS referral:\nrequired; or\n(i) that a standard assessment is required; and\n(ii) that the required method of environmental impact\nassessment is an assessment by environmental impact\nstatement; or\n(c) decide:\n(i) that a standard assessment other than an assessment\nby environmental impact statement is required; and\n(d) in the case of a referred strategic proposal – recommend to\nthe Minister:\n(i) that a strategic assessment be carried out; and\n(e) recommend to the Minister that the Minister refuse to grant\n(2) A decision or recommendation under this regulation must be made\nwithin 35 business days after the end of the submission period\n(3) The required period for the NT EPA to do any of the following in\nrelation to a proponent initiated EIS referral ceases to run during\nthe period of any consultation required under regulation 60, 61\nor 62:\n(a) make a decision or recommendation under subregulation (1);\n(b) give a direction under regulation 119(2);\n(c) approve terms of reference for an assessment by\nenvironmental impact statement under regulation 104(3).\n\nEnvironment Protection Regulations 2020 23\n","sortOrder":56},{"sectionNumber":"59","sectionType":"section","heading":"Method of environmental impact assessment","content":"59 Method of environmental impact assessment\nIn deciding or recommending a method of environmental impact\nassessment of a proposed action or strategic proposal under\nregulation 57 or 58, the NT EPA must consider the following\ncriteria:\n(a) the significance of the potential impact of the proposed action\nor the strategic proposal;\n(b) the level of confidence in predicting potential significant\nimpacts of the proposed action or strategic proposal taking\ninto account the extent and currency of existing knowledge;\n(c) the level of confidence in the effectiveness of any proposed\nmeasures identified in the referral to avoid, mitigate or\nmanage potential significant impacts of the proposed action or\n(d) the extent of community engagement that has occurred in\nrelation to the proposed action or strategic proposal;\n(e) the capacity of communities and individuals likely to be\naffected to access and understand information about the\nproposed action or strategic proposal and its potential\nsignificant impacts.\n","sortOrder":57},{"sectionNumber":"60","sectionType":"section","heading":"Consultation on assessment by inquiry","content":"60 Consultation on assessment by inquiry\nBefore deciding or recommending a method of environmental\nimpact assessment that is, or includes, an assessment by inquiry,\nthe NT EPA must:\n(a) consult with the Minister and consider the Minister's views;\nand\n(b) consult with the proponent and consider any written\nspecified in writing by the NT EPA.\n","sortOrder":58},{"sectionNumber":"61","sectionType":"section","heading":"Consultation on proposed recommendation for strategic","content":"61 Consultation on proposed recommendation for strategic\nBefore making a recommendation under regulation 57(2)(c)\nor 58(1)(d), the NT EPA must consult with the Minister and consider\nthe Minister's views.\n\nEnvironment Protection Regulations 2020 24\n","sortOrder":59},{"sectionNumber":"62","sectionType":"section","heading":"Consultation on proposed recommendation to refuse","content":"62 Consultation on proposed recommendation to refuse\nenvironmental approval\n(1) Before making a recommendation under regulation 57(2)(d)\nor 58(1)(e), the NT EPA must:\n(a) consult with the proponent; and\n(b) consider any written submission received from the proponent\nwithin the period specified in writing by the NT EPA.\n(2) The NT EPA may only make a recommendation under\nregulation 57(2)(d) or 58(1)(e) if it considers that the action is\nunacceptable because it is likely to have significant impacts that\ncannot be appropriately avoided, mitigated or managed.\n","sortOrder":60},{"sectionNumber":"63","sectionType":"section","heading":"Statement of reasons","content":"63 Statement of reasons\n(1) The NT EPA must prepare a statement of reasons for a decision or\nrecommendation under regulation 57 or 58.\n(2) The statement of reasons for a decision under regulation 57(2)(b)\nor 58(1)(b) or (c) must specify the reasons for the required method\nof environmental impact assessment.\n(3) The statement of reasons for a recommendation under\nregulation 57(2)(c) or 58(1)(d) must specify the reasons for the\nrecommendation and the recommended method of environmental\nimpact assessment.\n","sortOrder":61},{"sectionNumber":"64","sectionType":"section","heading":"Notice to proponent of decision or recommendation","content":"64 Notice to proponent of decision or recommendation\n(a) notice of a decision or recommendation under regulation 57\nor 58; and\n(2) The notice and statement of reasons must be given as soon as\npracticable after the decision or recommendation is made.\n","sortOrder":62},{"sectionNumber":"65","sectionType":"section","heading":"Notice of decision or recommendation to be published","content":"65 Notice of decision or recommendation to be published\nthe decision or recommendation under regulation 57 or 58 is made:\n\nEnvironment Protection Regulations 2020 25\n","sortOrder":63},{"sectionNumber":"66","sectionType":"section","heading":"Minister's decision on recommendation","content":"66 Minister's decision on recommendation\n(1) If the NT EPA recommends to the Minister under regulation 57(2)(c)\nor 58(1)(d) that a strategic assessment be carried out, the Minister\nmay:\n(a) accept the recommendation for the strategic assessment and\nthe proposed method of environmental impact assessment; or\n(b) if the recommendation is for a strategic assessment that is, or\nincludes, an assessment by inquiry – accept the\nrecommendation for the strategic assessment and direct the\nNT EPA to decide a different method of assessment; or\n(c) refuse to accept the recommendation for the strategic\nassessment and direct the NT EPA to carry out a standard\nassessment of the proposed action.\n(2) If the NT EPA recommends to the Minister under\nregulation 57(2)(d) or 58(1)(e) that the Minister refuse to grant\nenvironmental approval for a proposed action or strategic proposal,\nthe Minister may:\n(a) accept the recommendation and decide to refuse to grant\nproposal; or\n(b) direct the NT EPA to carry out:\n(i) a standard assessment of the proposed action; or\n(ii) a strategic assessment of the strategic proposal.\n","sortOrder":64},{"sectionNumber":"67","sectionType":"section","heading":"Consultation on proposal to refuse to grant environmental","content":"67 Consultation on proposal to refuse to grant environmental\napproval\n(1) If the Minister proposes to refuse to grant an environmental\napproval for a proposed action or strategic proposal under\nregulation 66(2)(a), the Minister must:\n(a) make reasonable efforts to obtain the views of any statutory\ndecision-maker who the Minister considers may have a view\non the matter; and\n(b) consider any written comments received from the statutory\ndecision-maker within the time specified in writing by the\nMinister.\n\nEnvironment Protection Regulations 2020 26\n(2) The required period under regulation 69 for the Minister to make a\ndecision under regulation 66(2) ceases to run during any period that\nthe Minister carries out a consultation under subregulation (1).\n","sortOrder":65},{"sectionNumber":"68","sectionType":"section","heading":"Show cause process","content":"68 Show cause process\n(1) The Minister must not refuse to grant an environmental approval for\na proposed action or strategic proposal under regulation 66(2)(a)\nunless the Minister has first complied with this regulation.\n(2) The Minister must give written notice (a show cause notice) to the\n(a) stating the Minister's intention to refuse to grant the\nenvironmental approval; and\n(b) asking the proponent to show cause why the recommendation\nof the NT EPA under regulation 57(2)(d) or 58(1)(e) should not\nbe accepted.\n(5) The Minister must consider any response given by the proponent to\nthe show cause notice in making a decision under regulation 66(2).\n(6) The required period under regulation 69 for the Minister to make a\ndecision under regulation 66(2) ceases to run from the date of the\nshow cause notice until the date by which the proponent may show\ncause.\n","sortOrder":66},{"sectionNumber":"69","sectionType":"section","heading":"Time for making decision","content":"69 Time for making decision\n(1) The Minister must make a decision under regulation 66(1) within\n20 business days after receiving the recommendation under\nregulation 57(2)(c) or 58(1)(d).\n(2) If the Minister does not make a decision under regulation 66(1)\nwithin the required period:\n(a) the Minister is taken to have made a decision accepting the\nNT EPA recommendation; and\n(b) the method of environmental impact assessment\nrecommended by the NT EPA is taken to be the required\nmethod of environmental impact assessment.\n\nEnvironment Protection Regulations 2020 27\n(3) The Minister must make a decision under regulation 66(2) within\n30 business days after receiving the recommendation under\nregulation 57(2)(d) or 58(1)(e).\n(4) If the Minister does not make a decision under regulation 66(2)\nwithin the required period, the Minister is taken to have made a\ndecision refusing to grant environmental approval for the proposed\n","sortOrder":67},{"sectionNumber":"70","sectionType":"section","heading":"Statement of reasons","content":"70 Statement of reasons\n(1) The Minister must prepare a statement of reasons for a decision\nunder regulation 66.\n(2) The statement of reasons may refer to or adopt the\nrecommendation of the NT EPA under regulation 57(2)(c) or (d)\nor 58(1)(d) or (e).\n","sortOrder":68},{"sectionNumber":"71","sectionType":"section","heading":"Notice of decision","content":"71 Notice of decision\n(1) The Minister must give notice of a decision under regulation 66 and\nthe statement of reasons for the decision to:\n(a) the NT EPA; and\n(b) the proponent.\n(2) The notice and statement of reasons must be given as soon as\npracticable after the decision is made.\n(3) The Minister must publish the following as soon as practicable after\na decision is made under regulation 66:\n(4) If a decision is taken to be made under regulation 69(2) or (4), the\nNT EPA must, as soon as practicable after the decision is made:\n(a) publish a statement that the decision was made under\nregulation 69(2) or (4) (as the case requires); and\n(b) give the proponent a copy of that statement.\n","sortOrder":69},{"sectionNumber":"72","sectionType":"section","heading":"Decision to direct different method of assessment","content":"72 Decision to direct different method of assessment\n(1) This regulation applies if the Minister directs the NT EPA under\nregulation 66(1)(b) to decide a different method of assessment for a\nstrategic assessment.\n\nEnvironment Protection Regulations 2020 28\n(2) The NT EPA must decide a different method of environmental\nimpact assessment for the strategic assessment within 15 business\ndays after being advised of the Minister's direction.\n(3) Regulation 59 applies to the consideration of the method of\nenvironmental impact assessment under subregulation (2).\n","sortOrder":70},{"sectionNumber":"73","sectionType":"section","heading":"Decision to direct standard or strategic assessment","content":"73 Decision to direct standard or strategic assessment\n(1) This regulation applies if the Minister directs the NT EPA:\n(a) under regulation 66(1)(c) to carry out a standard assessment;\nor\n(b) under regulation 66(2)(b) to carry out a standard assessment\nor strategic assessment.\n(2) The NT EPA must carry out the assessment unless the proponent\nwithdraws from the assessment process under regulation 94.\n(3) The NT EPA must decide the method of environmental impact\nassessment for the standard assessment or strategic assessment\nwithin 15 business days after being advised of the Minister's\ndirection.\n(4) Regulations 59 and 60 apply to the consideration of the method of\nenvironmental impact assessment under subregulation (3).\n(5) The required period for the NT EPA to make a decision under\nsubregulation (3) ceases to run during the period of any\nconsultation required under regulation 60.\n","sortOrder":71},{"sectionNumber":"74","sectionType":"section","heading":"Effect of decision to refuse environmental approval","content":"74 Effect of decision to refuse environmental approval\nIf the Minister makes a decision to refuse to grant an environmental\napproval for a proposed action or strategic proposal under\nregulation 66(2)(a), the proponent is not eligible to refer the same or\nsubstantially the same proposed action or strategic proposal to the\nNT EPA under Part 4, Division 3 of the Act for the period of 2 years\nafter the decision is made.\n","sortOrder":72},{"sectionNumber":"75","sectionType":"section","heading":"Notice of decision","content":"75 Notice of decision\n(1) The NT EPA must give notice of a decision under regulation 72\nor 73 to the proponent as soon as practicable after the decision is\n(2) The NT EPA must publish the notice of decision under\nregulation 72 or 73 as soon as practicable after the decision is\n\nEnvironment Protection Regulations 2020 29\n","sortOrder":73},{"sectionNumber":"Div 1","sectionType":"division","heading":"Purpose of Part","content":"Division 1 Purpose of Part\n","sortOrder":74},{"sectionNumber":"76","sectionType":"section","heading":"Purpose of Part","content":"76 Purpose of Part\nThis Part sets out the processes for an environmental impact\nassessment that is required under:\n(a) Part 4; or\n(b) subject to that Part – Part 7.\nDivision 2 General provisions for environmental impact\n","sortOrder":75},{"sectionNumber":"77","sectionType":"section","heading":"NT EPA must consider environmental objectives","content":"77 NT EPA must consider environmental objectives\nThe NT EPA must consider the environmental objectives in carrying\nout an environmental impact assessment.\n","sortOrder":76},{"sectionNumber":"78","sectionType":"section","heading":"Proponent must consider environmental objectives","content":"78 Proponent must consider environmental objectives\nA proponent must consider the environmental objectives when\ndoing anything required of the proponent under an environmental\nimpact assessment process.\n","sortOrder":77},{"sectionNumber":"79","sectionType":"section","heading":"Matters that may be included in environmental impact","content":"79 Matters that may be included in environmental impact\nThe matters to be included in an environmental impact assessment\nmay include all or any of the following:\n(a) an assessment that considers the potential impact of a\nproposed action or strategic proposal on the biological or\nphysical environment (a biological or physical environment\nassessment);\n(b) an assessment that considers the potential impacts of a\nproposed action or strategic proposal on human health or\nwellbeing (a health impact assessment);\n(c) an assessment that considers the potential impact of a\nproposed action or strategic proposal on communities\n(including Aboriginal communities) or on individuals (a social\nimpact assessment);\n\nEnvironment Protection Regulations 2020 30\n(d) an assessment that considers the potential impact of a\nproposed action or strategic proposal on the natural and\ncultural values of an area, including Aboriginal cultural values\nand sacred sites and the Territory's natural and built heritage\n(a cultural impact assessment);\n(e) an assessment that considers the potential economic costs\nand benefits of a proposed action or strategic proposal to the\nTerritory or to a regional or local area of the Territory (an\neconomic assessment);\n(f) an assessment that considers the potential cumulative\nimpacts of a proposed action or strategic proposal and takes\ninto account the combined impact of the action or proposal\nand other actions (a cumulative impact assessment):\n(i) for which environmental approval has been granted; or\n(ii) which are the subject of environmental impact\n(iii) for which an approval (however described) has been\ngiven under another enactment; or\n(iv) for which an application for approval (however\ndescribed) is being assessed under another enactment;\nor\n(v) that are occurring or proposed in or near the area of the\nproposed action or strategic proposal.\n","sortOrder":78},{"sectionNumber":"80","sectionType":"section","heading":"Health impact assessment","content":"80 Health impact assessment\n(1) The NT EPA must consult with the Chief Health Officer before\nrequiring a health impact assessment.\n(2) A health impact assessment must be carried out in accordance with\nany guidelines specified for this subregulation by the Chief Health\nOfficer.\n","sortOrder":79},{"sectionNumber":"81","sectionType":"section","heading":"Social impact assessment","content":"81 Social impact assessment\nA social impact assessment must be carried out in accordance with\nany guidelines specified for this regulation by the Minister\nresponsible for social policy.\n\nEnvironment Protection Regulations 2020 31\n","sortOrder":80},{"sectionNumber":"82","sectionType":"section","heading":"Cultural impact assessment","content":"82 Cultural impact assessment\nA cultural impact assessment must be carried out in accordance\nwith any guidelines specified for this regulation by the relevant\nMinister responsible for preserving the values, sites or heritage that\nmay be subject to that impact.\n","sortOrder":81},{"sectionNumber":"83","sectionType":"section","heading":"Additional information during environmental impact","content":"83 Additional information during environmental impact\n(1) The NT EPA may direct the proponent to give the NT EPA, within a\nspecified period, any additional information that the NT EPA\nconsiders is reasonably necessary to carry out an environmental\nimpact assessment to meet the objects of the Act.\n(2) A direction to give information may include a direction to the\nproponent to give the NT EPA draft terms of reference for an\nassessment by environmental impact statement.\n(3) A direction to give information may be made at any time during the\ncarrying out of the environmental impact assessment.\nperiod for the NT EPA to make a decision or take any action in\nrelation to the environmental impact assessment ceases to run until\nthe later of the following occurs:\n(a) the information is given;\n(b) if applicable – the end of the submission period specified in\nthe notice under regulation 85.\n(5) This regulation does not apply to an assessment by referral\ninformation.\n(6) This regulation does not limit the operation of regulation 124 or 143.\n","sortOrder":82},{"sectionNumber":"84","sectionType":"section","heading":"Publication of documents and information","content":"84 Publication of documents and information\nthey are given:\n(a) a direction under regulation 83;\n(b) the information and any draft terms of reference for the\nassessment given in response to the direction.\n\nEnvironment Protection Regulations 2020 32\n","sortOrder":83},{"sectionNumber":"85","sectionType":"section","heading":"Public consultation","content":"85 Public consultation\n(1) The NT EPA may publish a notice of a direction under\nregulation 83, if the NT EPA considers it appropriate to invite\nsubmissions.\n(2) The NT EPA must publish a notice of a direction under\nregulation 83 if the NT EPA has directed the proponent to provide\ndraft terms of reference for the assessment.\n(3) A notice under subregulation (1) or (2) must:\n(a) state where the direction and information and any draft terms\nof reference for the assessment given in response to the\ndirection may be inspected and obtained; and\non the direction and information and, if applicable, the draft\nterms of reference for the assessment within the period\n(4) The submission period must be not less than 15 business days\n(5) The notice must be published as soon as practicable after the\nproponent gives the information and any draft terms of reference for\nthe assessment to the NT EPA under regulation 83(1).\n","sortOrder":84},{"sectionNumber":"86","sectionType":"section","heading":"Power to obtain advice","content":"86 Power to obtain advice\n(1) The NT EPA may engage or request a person or body that the NT\nEPA considers is suitably qualified to give advice in relation to any\nmaterial, information or documents given to the NT EPA during an\nenvironmental impact assessment process.\n(2) The NT EPA must consult with the proponent before engaging a\nperson or body under subregulation (1) if the NT EPA proposes that\nthe proponent is to be required to pay the costs of that\nengagement.\nNote for regulation 86(2)\nRegulation 280(1) empowers the CEO to recover these costs from the proponent.\n\nEnvironment Protection Regulations 2020 33\n","sortOrder":85},{"sectionNumber":"87","sectionType":"section","heading":"Direction to proponent to obtain independent review","content":"87 Direction to proponent to obtain independent review\n(1) The NT EPA may direct the proponent to include in the material,\ninformation or documents given to the NT EPA as part of an\nenvironmental impact assessment process an independent review\nby a person in a specified class of qualified reviewer of:\n(a) one or more elements of the proposed action or strategic\nproposal; and\n(b) the management response proposed by the proponent to\nmanage those elements.\nqualified reviewer means:\n(a) a qualified person; or\n(b) a person, or a class of persons, who have the qualifications\nand experience determined by the NT EPA for the purpose of\nthis definition.\n","sortOrder":86},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Suspension and termination of assessment","content":"Subdivision 2 Suspension and termination of assessment\n","sortOrder":87},{"sectionNumber":"88","sectionType":"section","heading":"Suspension of assessment process on referral to","content":"88 Suspension of assessment process on referral to\nCommonwealth\nprocess for a proposed action or strategic proposal if:\n(a) the NT EPA reasonably considers that the proposed action or\nstrategic proposal may have an impact on a matter of national\nenvironmental significance; and\n(b) the proponent is required, or is likely to be required, to refer\nthe proposed action or strategic proposal to the relevant\nCommonwealth Minister under the Commonwealth Act; and\n(c) the proposed action or strategic proposal:\n(i) has not been so referred; or\n(ii) has been referred and the Commonwealth Minister has\nnot made a decision on the proposed action or strategic\nproposal, the assessment process under the\nCommonwealth Act or the matters to be included in the\n\nEnvironment Protection Regulations 2020 34\n(2) The NT EPA must recommence the environmental impact\nassessment process within 10 business days after the NT EPA is\nnotified of the last of the following:\n(a) the Commonwealth Minister's decision on the referral;\n(b) if applicable – the assessment process under the\nCommonwealth Act;\n(c) the matters to be included in the assessment process.\n","sortOrder":88},{"sectionNumber":"88A","sectionType":"section","heading":"Suspension of standard assessment process","content":"88A Suspension of standard assessment process\n(1) The NT EPA may suspend an environmental impact assessment\nprocess for a standard assessment of a proposed action at any\ntime if the NT EPA considers that the proposed action:\n(b) is of a kind that will be assessed through the assessment of a\nstrategic proposal that has been referred for assessment.\n(2) If the NT EPA suspends an environmental impact assessment\nprocess under subregulation (1), the NT EPA must recommence\nthe assessment process within 10 business days after the Minister:\n(a) grants an environmental approval for the strategic proposal; or\n(b) issues a statement of unacceptable impact for the strategic\n(3) Subject to subregulation (2), if the NT EPA suspends an\nenvironmental impact assessment process under subregulation (1),\nthe NT EPA may recommence the assessment process at any time.\n","sortOrder":89},{"sectionNumber":"89","sectionType":"section","heading":"Suspension of assessment process at request of proponent","content":"89 Suspension of assessment process at request of proponent\nprocess for a proposed action or strategic proposal at any time at\nthe request of the proponent.\n(2) If the NT EPA suspends an environmental impact assessment\nprocess at the request of a proponent, the NT EPA must\nrecommence the assessment process within 10 business days after\nreceiving a request from the proponent to do so.\n\nEnvironment Protection Regulations 2020 35\n","sortOrder":90},{"sectionNumber":"90","sectionType":"section","heading":"Suspension of assessment process pending receipt of advice","content":"90 Suspension of assessment process pending receipt of advice\n(1) This regulation applies if the NT EPA engages or requests a person\nor body under regulation 86 to give advice.\n(2) The NT EPA may suspend the environmental impact assessment\nprocess until the advice is given.\n(3) If the NT EPA suspends an environmental impact assessment\nprocess under subregulation (2), the NT EPA must recommence\nthe assessment process within 10 business days after receiving the\nadvice.\n","sortOrder":91},{"sectionNumber":"91","sectionType":"section","heading":"Effect of suspension on required period to make decision","content":"91 Effect of suspension on required period to make decision\nIf the NT EPA suspends an environmental impact assessment\nprocess under regulation 88, 88A, 89 or 90, the required period to\ncomplete the assessment process ceases to run during the period\nof suspension.\n","sortOrder":92},{"sectionNumber":"92","sectionType":"section","heading":"Termination of assessment process","content":"92 Termination of assessment process\n(1) The NT EPA may, by written notice to the proponent, terminate the\nenvironmental impact assessment process in relation to a proposed\naction or strategic proposal if:\n(a) the NT EPA has directed the proponent to give it additional\ninformation during the assessment process and the proponent\nhas failed to give that information within the period specified in\nthe direction; or\n(b) the proponent has failed to prepare a supplementary\nenvironmental report as required under Division 5; or\n(c) the proponent has failed to submit a draft environmental\nimpact statement within the period specified in the terms of\n(d) the proponent has failed to prepare a supplement to an\nenvironmental impact statement as required under Division 6;\nor\n(e) the proponent has proposed variations to the proposed action\nor strategic proposal to an extent that the proposed action or\nstrategic proposal as varied is no longer the same as that for\nwhich the original decision or recommendation in relation to\nthe method of environmental impact assessment was made;\nor\n\nEnvironment Protection Regulations 2020 36\n(f) the proponent has requested the NT EPA to suspend the\nassessment process for the proposed action or strategic\nproposal and a period of 2 years has passed since that\nsuspension and the assessment process has not\nrecommenced.\n(1A) The NT EPA may, by written notice to the proponent, terminate the\nenvironmental impact assessment process for a standard\nassessment of a proposed action if the NT EPA considers that the\nproposed action:\n(b) is of a kind that will be assessed through the assessment of a\nstrategic proposal that has been referred for assessment; or\n(c) has been assessed as part of a strategic assessment and the\nMinister has granted an environmental approval for the\n(2) The NT EPA must not issue a notice on a ground in\nsubregulation (1)(a), (b), (c) or (d) in relation to an assessment by\nsupplementary environmental report or by environmental impact\nstatement unless a period of at least 12 months has passed since\nthe last of the following that is applicable occurs in relation to the\nassessment:\n(a) the end of the period specified in the direction to give the\ninformation;\n(b) the end of the specified period for submitting the\nsupplementary environmental report;\n(c) the end of the specified period for submitting the draft\nenvironmental impact statement;\n(d) the giving to the proponent of the direction to include\ninformation in the supplement.\n(3) The NT EPA may terminate the environmental impact assessment\nprocess for a proposed action or strategic proposal under this\nregulation even if the assessment process is suspended under\nregulation 88, 88A or 89.\n(4) This regulation does not apply to the termination of an assessment\nprocess under regulation 178 or 181.\n\nEnvironment Protection Regulations 2020 37\n","sortOrder":93},{"sectionNumber":"93","sectionType":"section","heading":"Show cause process","content":"93 Show cause process\n(1) The NT EPA must not terminate an environmental impact\nassessment process under regulation 92 unless the NT EPA has\nfirst complied with this regulation.\n(a) stating the NT EPA's intention to terminate the environmental\nimpact assessment process; and\n(b) asking the proponent to show cause why the environmental\nimpact assessment process should not be terminated.\nthe show cause notice in making a decision under regulation 92.\n","sortOrder":94},{"sectionNumber":"94","sectionType":"section","heading":"Withdrawal from assessment process","content":"94 Withdrawal from assessment process\nThe proponent may, by written notice to the NT EPA, withdraw from\nan environmental impact assessment process.\nSubdivision 3 Reconsideration of method of environmental\nimpact assessment\n","sortOrder":95},{"sectionNumber":"95","sectionType":"section","heading":"NT EPA may reconsider method of environmental impact","content":"95 NT EPA may reconsider method of environmental impact\n(1) The NT EPA may reconsider the method of environmental impact\nassessment during the environmental impact assessment process\nfor a proposed action or strategic proposal if:\n(a) any of the following circumstances apply:\n(i) substantial new information about the impacts of the\nproposed action or strategic proposal has become\navailable and the NT EPA would have made a different\ndecision or recommendation if that information had been\navailable when the original decision or recommendation\nin relation to the method of environmental impact\nassessment was made;\n\nEnvironment Protection Regulations 2020 38\n(ii) there has been a substantial change in circumstances\nnot foreseen when the original decision or\nrecommendation in relation to the method of\nenvironmental impact assessment was made;\n(iii) the proposed action or strategic proposal was to have\nhad an environmental impact assessment under a\ncooperative agreement under section 45 of the Act, but\nthe cooperative agreement was cancelled before the\nassessment was carried out or completed;\n(iv) the proponent has proposed variations to the proposed\naction or strategic proposal to an extent that the\nproposed action or strategic proposal as varied is no\nlonger the same as that for which the original decision or\nrecommendation in relation to the method of\nenvironmental impact assessment was made; and\n(b) the NT EPA considers that it is necessary to reconsider the\nmethod of environmental impact assessment:\n(i) to meet the objects of the Act; and\n(ii) to achieve the purpose of the environmental impact\nassessment process set out in section 42 of the Act.\n(2) The NT EPA must not reconsider the method of environmental\nimpact assessment under this regulation after:\n(a) the assessment report on the proposed action or strategic\nproposal has been completed; or\n(b) the environmental approval for the proposed action or\nstrategic proposal has been granted.\n(2A) The NT EPA must not reconsider a determination that an\nenvironmental impact assessment is not required for the proposed\naction or strategic proposal if another statutory authorisation of the\nproposed action or the strategic proposal (other than an\nauthorisation under section 58(3) of the Act) has been granted after\nthat determination.\n(3) This regulation does not apply to a reconsideration of a method of\nenvironmental impact assessment in relation to a significant\nvariation to which Part 7 applies.\n\nEnvironment Protection Regulations 2020 39\n","sortOrder":96},{"sectionNumber":"96","sectionType":"section","heading":"Show cause process","content":"96 Show cause process\n(1) The NT EPA must not decide a new method of environmental\nimpact assessment under regulation 97 unless the NT EPA has first\ncomplied with this regulation.\n(a) stating the NT EPA's intention to decide a new method of\nenvironmental impact assessment; and\n(b) stating the NT EPA's reasons for that intention; and\n(c) asking the proponent to show cause why the method of\nenvironmental impact assessment should not be changed.\nthe show cause notice in making a decision under regulation 97.\n","sortOrder":97},{"sectionNumber":"97","sectionType":"section","heading":"Decision on method of assessment","content":"97 Decision on method of assessment\n(1) If the NT EPA reconsiders the method of environmental impact\nassessment under regulation 95(1), the NT EPA must either:\n(a) decide the new method of environmental impact assessment\nand direct the proponent to carry out the environmental impact\nassessment in accordance with that new assessment method;\nor\n(b) decide to continue the assessment with the existing\nassessment method.\n(2) Regulations 59 and 60 apply to the consideration of the method of\nenvironmental impact assessment under subregulation (1).\n(3) The NT EPA must make a decision under subregulation (2) within\n15 business days after the earlier of the following occurs:\n(a) the receipt of the response of the proponent to the show\ncause notice under regulation 96;\n(b) the date specified under regulation 96 for the proponent to\nshow cause.\n\nEnvironment Protection Regulations 2020 40\n(4) The required period for the NT EPA to make any decision or take\nany action in relation to the existing environmental impact\nassessment process ceases to run from the time the show cause\nnotice is given under regulation 96 until a decision is made under\nsubregulation (1).\n","sortOrder":98},{"sectionNumber":"98","sectionType":"section","heading":"Terms of reference","content":"98 Terms of reference\n(1) The NT EPA must prepare terms of reference for an environmental\nimpact assessment that:\n(a) is an assessment by environmental impact statement; or\n(b) is, or includes, an assessment by inquiry.\n(2) Terms of reference may include any terms the NT EPA considers\nappropriate.\n(3) Subregulation (1) and regulations 100 to 103 do not apply if draft\nterms of reference for the assessment were published:\n(a) with an accepted proponent initiated EIS referral under\nregulation 51; or\n(b) under regulation 84.\n(4) Subregulation (3) does not affect the requirement in\nregulation 104(6) to prepare terms of reference.\n","sortOrder":99},{"sectionNumber":"99","sectionType":"section","heading":"Assessment period","content":"99 Assessment period\n(1) In preparing terms of reference for an assessment by\nenvironmental impact statement, the NT EPA must specify the\nassessment period within which the draft environmental impact\nstatement is to be submitted to the NT EPA.\n(2) In preparing terms of reference for an assessment by inquiry, the\nNT EPA must specify the assessment period within which:\n(a) the NT EPA must complete the report of the inquiry; or\n(b) an inquiry panel must complete the report of the inquiry and\ngive it to the NT EPA.\n\nEnvironment Protection Regulations 2020 41\n(3) In determining the assessment period, the NT EPA must consider\n(a) the level of certainty provided by the descriptions in the\nreferral and any information provided under Part 4 or 7 or\nDivision 2 of this Part of:\n(i) the proposed action or strategic proposal; and\n(ii) any proposed measures to avoid, mitigate or manage\npotential significant impacts of the proposed action or\npotential significant impacts of the proposed action or strategic\n(c) the nature and extent of requirements for additional\ninformation to inform the assessment of the proposed action\nor strategic proposal;\n","sortOrder":100},{"sectionNumber":"100","sectionType":"section","heading":"Consultation with proponent","content":"100 Consultation with proponent\n(1) Before publishing the draft terms of reference under regulation 101,\n(2) The required period for the NT EPA to publish the draft terms of\nreference ceases to run during any period that the NT EPA carries\nout a consultation under subregulation (1).\n","sortOrder":101},{"sectionNumber":"101","sectionType":"section","heading":"NT EPA to publish draft terms of reference","content":"101 NT EPA to publish draft terms of reference\nThe NT EPA must publish draft terms of reference prepared under\nregulation 98 within 40 business days after the decision about the\nmethod of environmental impact assessment is made under\nregulation 57, 72 or 73.\n\nEnvironment Protection Regulations 2020 42\n","sortOrder":102},{"sectionNumber":"102","sectionType":"section","heading":"Public consultation","content":"102 Public consultation\n(1) The NT EPA must publish a notice of the draft terms of reference\nprepared under regulation 98.\n(a) state where the draft terms of reference may be inspected and\nobtained; and\non the draft terms of reference within the period specified in\n","sortOrder":103},{"sectionNumber":"103","sectionType":"section","heading":"Consultation with government authorities","content":"103 Consultation with government authorities\nview on the draft terms of reference prepared under\nregulation 98; and\n(b) invite the government authority to make a submission on the\ndraft terms of reference within the submission period specified\nin the notice under regulation 102.\n","sortOrder":104},{"sectionNumber":"104","sectionType":"section","heading":"Decision on terms of reference","content":"104 Decision on terms of reference\n(1) After considering any submissions received under regulations 102\nand 103, the NT EPA may:\n(2) Subregulation (3) applies if a decision is made under\nregulation 58(1)(b), 66(1)(a), 72 or 73 to require an assessment by\nenvironmental impact statement for a proposed action or strategic\nproposal to which a proponent initiated EIS referral applies.\n\nEnvironment Protection Regulations 2020 43\n(3) After considering any submissions received under Part 4 in relation\nto draft terms of reference published under regulation 51, the NT\nEPA may:\n(4) After considering any submissions received under regulation 85 in\nrelation to draft terms of reference published under regulation 84,\nthe NT EPA may:\n(5) The NT EPA must make the decision on the draft terms of\nreference within:\n(a) for a decision under subregulation (1) – 15 business days after\nregulation 102; or\n(b) for a decision under subregulation (3):\n(i) if a decision is made under regulation 58(1)(b) –\n35 business days after the end of the submission period\nspecified in the notice under regulation 52; or\n(ii) 25 business days after the decision is made under\nregulation 66(1)(a), 72 or 73; or\n(c) for a decision under subregulation (4) – 25 business days after\nregulation 85.\n(6) If the NT EPA refuses to approve the draft terms of reference for an\nassessment, the NT EPA must prepare terms of reference for the\nassessment under regulation 98(1).\n","sortOrder":105},{"sectionNumber":"105","sectionType":"section","heading":"Notice to proponent of decision","content":"105 Notice to proponent of decision\n(1) The NT EPA must give notice of a decision under regulation 104(1),\n(3) or (4) to the proponent.\n\nEnvironment Protection Regulations 2020 44\n(2) If the NT EPA approves the draft terms of reference (with or without\nchanges), the NT EPA must give the proponent a copy of the\napproved terms of reference.\n(3) If the NT EPA refuses to approve the draft terms of reference, the\n(4) The notice of decision and either the approved terms of reference\nor, if the decision is to refuse to approve the terms of reference, the\nstatement of reasons must be given to the proponent as soon as\npracticable after the decision is made.\n","sortOrder":106},{"sectionNumber":"106","sectionType":"section","heading":"Notice of decision to be published","content":"106 Notice of decision to be published\na decision is made under regulation 104(1), (3) or (4):\n(b) if the draft terms of reference are approved, with or without\nchanges – the approved terms of reference;\n(c) if the NT EPA refuses to approve the draft terms of\nreference – the statement of reasons for the decision.\n","sortOrder":107},{"sectionNumber":"107","sectionType":"section","heading":"Amendment of approved terms of reference","content":"107 Amendment of approved terms of reference\n(1) The NT EPA may amend the approved terms of reference for an\nenvironmental impact assessment process during the assessment\nprocess if:\n(a) either of the following circumstances apply:\n(i) the NT EPA becomes aware of information that was not\navailable at the time of approval of the terms of\nreference and the NT EPA would have specified different\nterms of reference if the information had been available;\n(ii) new information becomes available that indicates a new\nthreat or change in circumstance relating to the\nenvironment and the NT EPA reasonably considers that\nan amendment to the terms of reference is required; and\n(b) the NT EPA considers that the amendment is necessary:\n(i) to meet the objects of the Act; and\n\nEnvironment Protection Regulations 2020 45\n(ii) to achieve the purpose of the environmental impact\nassessment process set out in section 42 of the Act.\n(2) If the NT EPA proposes to amend approved terms of reference, the\nNT EPA must advise the proponent as soon as practicable of the\nproposal and the reasons for the amendment.\n(3) This Subdivision does not apply to an administrative amendment.\n","sortOrder":108},{"sectionNumber":"108","sectionType":"section","heading":"Preparation of draft amending terms of reference","content":"108 Preparation of draft amending terms of reference\n(1) If the NT EPA proposes to amend approved terms of reference, the\nNT EPA must prepare draft amending terms of reference.\n(2) The terms of reference may be amended by preparing:\n(a) amended terms of reference; or\n(b) new terms of reference; or\n(c) an addendum to the terms of reference.\n","sortOrder":109},{"sectionNumber":"109","sectionType":"section","heading":"Consultation with proponent","content":"109 Consultation with proponent\n(1) Before publishing the draft amending terms of reference under\nregulation 110, the NT EPA:\n(2) The required period for the NT EPA to publish the draft amending\nterms of reference under regulation 110 ceases to run during any\nsubregulation (1).\n","sortOrder":110},{"sectionNumber":"110","sectionType":"section","heading":"Publication of draft amending terms of reference","content":"110 Publication of draft amending terms of reference\nThe NT EPA must publish the draft amending terms of reference\nwithin 20 business days after the NT EPA decides that the terms of\nreference need to be amended.\n","sortOrder":111},{"sectionNumber":"111","sectionType":"section","heading":"Public consultation","content":"111 Public consultation\n(1) The NT EPA must publish a notice of the draft amending terms of\nreference prepared under regulation 108.\n\nEnvironment Protection Regulations 2020 46\n(a) state where the draft amending terms of reference may be\non the draft amending terms of reference within the period\n","sortOrder":112},{"sectionNumber":"112","sectionType":"section","heading":"Consultation with government authorities","content":"112 Consultation with government authorities\n(a) give a copy of the draft amending terms of reference prepared\nunder regulation 108 to any government authority that the NT\nEPA considers may have a view on the matter; and\n(b) invite the government authority to make a submission on the\ndraft amending terms of reference within the submission\nperiod specified in the notice under regulation 111.\n","sortOrder":113},{"sectionNumber":"113","sectionType":"section","heading":"Decision on draft amending terms of reference","content":"113 Decision on draft amending terms of reference\n(1) After considering any submissions received under regulations 111\nand 112 and making any changes to the draft amending terms of\nreference the NT EPA considers appropriate, the NT EPA must\napprove the draft amending terms of reference.\n(2) The NT EPA must approve the draft amending terms of reference\nunder subregulation (1) within 15 business days after the end of the\nsubmission period specified in the notice under regulation 111.\n(3) The terms of reference have effect as amended:\n(a) on the date that the approved amending terms of reference\nare published under regulation 115; or\n(b) on a later date specified in the approved amending terms of\nreference.\n","sortOrder":114},{"sectionNumber":"114","sectionType":"section","heading":"Approved amending terms of reference to be given to","content":"114 Approved amending terms of reference to be given to\nproponent\nThe NT EPA must give the proponent a copy of the approved\namending terms of reference as soon as practicable after they are\napproved.\n\nEnvironment Protection Regulations 2020 47\n","sortOrder":115},{"sectionNumber":"115","sectionType":"section","heading":"Publication of approved amending terms of reference","content":"115 Publication of approved amending terms of reference\nThe NT EPA must publish the approved amending terms of\nreference as soon as practicable after they are approved.\n","sortOrder":116},{"sectionNumber":"116","sectionType":"section","heading":"Existing assessment process may continue during amendment","content":"116 Existing assessment process may continue during amendment\nIf the NT EPA proposes to amend approved terms of reference\nunder this Subdivision:\n(a) the proponent may continue to prepare a draft environmental\nimpact statement for the proposed action or strategic proposal\non the basis of the existing terms of reference until they are\namended under this Subdivision; and\n(b) an assessment that is, or includes, an assessment by inquiry\nmay continue in relation to the proposed action or strategic\nproposal on the basis of the existing terms of reference until\nthey are amended under this Subdivision.\n","sortOrder":117},{"sectionNumber":"Div 4","sectionType":"division","heading":"Assessment by referral information","content":"Division 4 Assessment by referral information\n","sortOrder":118},{"sectionNumber":"117","sectionType":"section","heading":"Assessment by referral information","content":"117 Assessment by referral information\nAn assessment by referral information required under Part 4 or 7\nassesses a proposed action or strategic proposal on the basis of:\n(a) the information given with the referral; and\n(b) any additional information, submissions or advice given to the\nNT EPA under:\n(i) Part 4 or 7; or\n(ii) Division 2 of this Part (except regulation 83).\n","sortOrder":119},{"sectionNumber":"Div 5","sectionType":"division","heading":"Assessment by supplementary environmental","content":"Division 5 Assessment by supplementary environmental\nreport\n","sortOrder":120},{"sectionNumber":"118","sectionType":"section","heading":"Assessment by supplementary environmental report","content":"118 Assessment by supplementary environmental report\nAn assessment by supplementary environmental report required\nunder Part 4 or 7 assesses a proposed action or strategic proposal\non the basis of:\n(a) the information given with the referral; and\n\nEnvironment Protection Regulations 2020 48\n(b) any additional information, submissions or advice given to the\nNT EPA under:\n(i) Part 4 or 7; or\n(ii) Division 2 of this Part; and\n(c) a supplementary environmental report prepared under this\nDivision.\n","sortOrder":121},{"sectionNumber":"119","sectionType":"section","heading":"Preparation of supplementary environmental report","content":"119 Preparation of supplementary environmental report\n(1) The proponent must prepare a supplementary environmental report\nto address the submissions received in relation to the referral\ninformation and submit it to the NT EPA.\n(2) The NT EPA may direct the proponent to include additional\ninformation in the supplementary environmental report:\n(a) to address the submissions; and\n(b) to ensure that the NT EPA has sufficient information to\ncomplete the environmental impact assessment process.\n(3) A direction under subregulation (2) must be given within\n25 business days after the assessment decision is made under\nregulation 57, 58, 72 or 73.\n","sortOrder":122},{"sectionNumber":"119A","sectionType":"section","heading":"Publication of direction","content":"119A Publication of direction\nThe NT EPA must publish a direction under regulation 119 as soon\nas practicable after the direction is given.\n","sortOrder":123},{"sectionNumber":"120","sectionType":"section","heading":"Assessment period for supplementary environmental report","content":"120 Assessment period for supplementary environmental report\n(1) A direction under regulation 119(2) may specify the period (the\nassessment period) within which the supplementary\nenvironmental report is to be submitted to the NT EPA.\n(2) In determining the assessment period, the NT EPA must consider\n(a) the level of certainty provided by the descriptions in the\nreferral and any information provided under Part 4 or 7 or\nDivision 2 of this Part of:\n(i) the proposed action or strategic proposal; and\n(ii) any proposed measures to avoid, mitigate or manage\npotential significant impacts of the proposed action or\n\nEnvironment Protection Regulations 2020 49\npotential significant impacts of the proposed action or strategic\n(c) the nature and extent of requirements for additional\ninformation to inform the assessment of the proposed action\nor strategic proposal;\n","sortOrder":124},{"sectionNumber":"121","sectionType":"section","heading":"Proponent to publish supplementary environmental report","content":"121 Proponent to publish supplementary environmental report\n(1) The proponent must publish the supplementary environmental\nreport prepared under regulation 119 in the manner determined by\nthe NT EPA.\n(2) The NT EPA may give directions to the proponent about the form\nand manner in which the supplementary environmental report is to\nbe published.\n","sortOrder":125},{"sectionNumber":"122","sectionType":"section","heading":"Public consultation","content":"122 Public consultation\n(1) The NT EPA must publish a notice of the supplementary\nenvironmental report prepared under regulation 119.\n(a) state where the supplementary environmental report may be\non the supplementary environmental report within the period\n(3) The submission period must be 25 business days after the notice is\n","sortOrder":126},{"sectionNumber":"123","sectionType":"section","heading":"Consultation with government authorities","content":"123 Consultation with government authorities\n(1) The proponent must give a copy of the supplementary\nenvironmental report prepared under regulation 119 to any\ngovernment authority that the NT EPA specifies.\n\nEnvironment Protection Regulations 2020 50\ngovernment authority to which the supplementary\nenvironmental report is given under subregulation (1); and\nNT EPA on the supplementary environmental report within the\nsubmission period specified in the notice under regulation 122.\n","sortOrder":127},{"sectionNumber":"124","sectionType":"section","heading":"Additional information in relation to supplementary","content":"124 Additional information in relation to supplementary\nenvironmental report\n(1) The NT EPA may direct the proponent to give the NT EPA, within a\nspecified period, any additional information the NT EPA considers\nnecessary to facilitate consideration of the supplementary\nenvironmental report.\n(2) The direction must be given not later than 20 business days after\nregulation 122.\n(3) If the NT EPA gives a direction under this regulation, the required\nperiod for the NT EPA to give an assessment report to the Minister\nceases to run until the later of the following occurs:\n(a) the information is given;\n(b) if applicable – the end of the submission period specified\nunder regulation 126(1).\n","sortOrder":128},{"sectionNumber":"125","sectionType":"section","heading":"Publication of direction and information","content":"125 Publication of direction and information\nThe NT EPA must publish a direction under regulation 124 and the\ninformation given in response to the direction as soon as\npracticable after being given the information.\n","sortOrder":129},{"sectionNumber":"126","sectionType":"section","heading":"NT EPA may invite submissions","content":"126 NT EPA may invite submissions\n(1) The NT EPA may invite interested persons or specified persons or\ngovernment authorities to make submissions within the period\nspecified by the NT EPA about:\n(a) the information given in response to a direction under\nregulation 124; or\n(b) a specified aspect of the information given in response to a\ndirection under regulation 124.\n\nEnvironment Protection Regulations 2020 51\n(2) The submission period must not exceed 15 business days.\n(3) If the NT EPA invites submissions under subregulation (1), the\nrequired period for the NT EPA to prepare an assessment report\nceases to run until the end of the submission period.\n","sortOrder":130},{"sectionNumber":"127","sectionType":"section","heading":"NT EPA may invite proponent to address submissions","content":"127 NT EPA may invite proponent to address submissions\n(1) This regulation applies if the NT EPA receives submissions under\nregulation 126.\n(2) The NT EPA may invite the proponent to provide a response\naddressing the submissions within the period specified by the NT\nEPA.\n(3) If the NT EPA invites the proponent to provide a response to the\nsubmissions, the required period for the NT EPA to prepare an\nassessment report under regulation 161(1) for the assessment\nunder this Division ceases to run until the NT EPA receives the\nproponent's response.\n","sortOrder":131},{"sectionNumber":"Div 6","sectionType":"division","heading":"Assessment by environmental impact statement","content":"Division 6 Assessment by environmental impact statement\n","sortOrder":132},{"sectionNumber":"128","sectionType":"section","heading":"Application of Division","content":"128 Application of Division\nThis Division applies if an assessment by environmental impact\nstatement is required under Part 4 or 7.\n","sortOrder":133},{"sectionNumber":"129","sectionType":"section","heading":"Terms of reference","content":"129 Terms of reference\n(1) The terms of reference for an assessment by environmental impact\nstatement are the terms of reference approved under Division 3 or\nPart 7 for that assessment or those terms of reference as amended\nunder these Regulations.\n(2) The NT EPA must apply the terms of reference in carrying out the\nassessment by environmental impact statement.\n(3) The proponent must comply with the terms of reference in\npreparing the environmental impact statement and doing anything\nrequired of the proponent under the assessment by environmental\nimpact statement process.\n\nEnvironment Protection Regulations 2020 52\n","sortOrder":134},{"sectionNumber":"130","sectionType":"section","heading":"Preparation of draft environmental impact statement","content":"130 Preparation of draft environmental impact statement\nThe proponent must prepare a draft environmental impact\nstatement and must submit the statement to the NT EPA within the\nassessment period for the statement specified by the NT EPA\nunder regulation 99(1).\n","sortOrder":135},{"sectionNumber":"131","sectionType":"section","heading":"Submission of draft environmental impact statement to NT","content":"131 Submission of draft environmental impact statement to NT\nEPA\n(1) The proponent must submit a draft environmental impact statement\nto the NT EPA in the form required by the terms of reference for the\n(2) The proponent must comply with any requirements of the NT EPA\nin relation to the draft environmental impact statement.\n","sortOrder":136},{"sectionNumber":"132","sectionType":"section","heading":"Proponent to publish draft environmental impact statement","content":"132 Proponent to publish draft environmental impact statement\n(1) The proponent must publish the draft environmental impact\nstatement in accordance with any directions given by the NT EPA.\n(2) The NT EPA may give directions to the proponent about the\nmanner in which the draft environmental impact statement is to be\n","sortOrder":137},{"sectionNumber":"133","sectionType":"section","heading":"Public consultation","content":"133 Public consultation\n(1) The NT EPA must publish a notice of the draft environmental\nimpact statement prepared under regulation 130 as soon as\npracticable after it is submitted to the NT EPA.\n(a) state where the draft environmental impact statement may be\n(b) invite interested persons to make a submission on the draft\nenvironmental impact statement to the NT EPA within the\nperiod specified in the notice.\n(3) The submission period must be not less than 30 business days and\nnot more than 60 business days after the date of the notice.\n","sortOrder":138},{"sectionNumber":"134","sectionType":"section","heading":"Consultation with government authorities","content":"134 Consultation with government authorities\n(1) The proponent must give a copy of the draft environmental impact\nstatement to any government authority that the NT EPA specifies.\n\nEnvironment Protection Regulations 2020 53\ngovernment authority to which the draft environmental impact\nstatement has been given under subregulation (1); and\nNT EPA on the draft environmental impact statement within\nthe submission period specified in the notice under\nregulation 133.\n","sortOrder":139},{"sectionNumber":"135","sectionType":"section","heading":"Preparation of supplement to draft environmental impact","content":"135 Preparation of supplement to draft environmental impact\nstatement\nThe proponent must:\n(a) consider any submissions received on the draft environmental\nimpact statement; and\n(b) prepare a supplement to the draft environmental impact\nstatement to address any issues raised in the submissions.\n","sortOrder":140},{"sectionNumber":"136","sectionType":"section","heading":"Additional information to be included in supplement","content":"136 Additional information to be included in supplement\n(1) The NT EPA may direct the proponent to include additional\ninformation in the supplement to the draft environmental impact\nstatement:\n(a) to address the submissions; and\n(b) to ensure that the NT EPA has sufficient information to\ncomplete the environmental impact assessment process.\n(2) A direction under subregulation (1) must be given within\n25 business days after the end of the submission period specified in\nthe notice under regulation 133.\n","sortOrder":141},{"sectionNumber":"136A","sectionType":"section","heading":"Publication of direction","content":"136A Publication of direction\nThe NT EPA must publish a direction under regulation 136 as soon\nas practicable after the direction is given.\n","sortOrder":142},{"sectionNumber":"137","sectionType":"section","heading":"Assessment period for supplement","content":"137 Assessment period for supplement\n(1) A direction under regulation 136(1) may specify the period (the\nassessment period) within which the supplement to the draft\nenvironmental impact statement is to be submitted to the NT EPA.\n\nEnvironment Protection Regulations 2020 54\n(2) In determining the assessment period, the NT EPA must consider\n(a) the nature of the matters raised in the submissions received\non the draft environmental impact statement;\npotential significant impacts on the environment associated\nwith the proposed action or strategic proposal;\n(c) the nature and extent of the need for additional information to\ninform the assessment of the proposed action or strategic\n","sortOrder":143},{"sectionNumber":"138","sectionType":"section","heading":"Proponent to publish supplement","content":"138 Proponent to publish supplement\n(1) The proponent must publish a supplement to a draft environmental\nimpact statement prepared under regulation 135 in accordance with\nany directions of the NT EPA.\n(2) The NT EPA may give directions to the proponent about the form\nand manner in which the supplement to the statement is to be\n","sortOrder":144},{"sectionNumber":"139","sectionType":"section","heading":"Public consultation","content":"139 Public consultation\n(1) The NT EPA must publish a notice of a supplement to a draft\nenvironmental impact statement prepared under regulation 135 as\nsoon as practicable after it is submitted to the NT EPA.\n(a) state where the supplement to the draft environmental impact\nstatement may be inspected and obtained; and\non the supplement to the draft environmental impact\nstatement within the period specified in the notice.\n\nEnvironment Protection Regulations 2020 55\n","sortOrder":145},{"sectionNumber":"140","sectionType":"section","heading":"Consultation with government authorities","content":"140 Consultation with government authorities\n(1) The proponent must give a copy of the supplement to the draft\nenvironmental impact statement to any government authority that\nthe NT EPA specifies.\ngovernment authority to which the supplement to the draft\nenvironmental impact statement is given under\nsubregulation (1); and\nNT EPA on the supplement to the draft environmental impact\nstatement within the submission period specified in the notice\nunder regulation 139.\n","sortOrder":146},{"sectionNumber":"141","sectionType":"section","heading":"Waiver of requirement for supplement","content":"141 Waiver of requirement for supplement\n(1) The NT EPA may waive a requirement for a supplement to a draft\nenvironmental impact statement on its own initiative or at the\nrequest of the proponent.\n(2) A request from a proponent for a waiver must set out the reasons\nwhy a supplement to the statement is not required.\n(3) On a request from a proponent for a waiver, the NT EPA may:\n(a) waive the requirement for a supplement; or\n(b) refuse to waive the requirement for a supplement.\n(4) The NT EPA must make a decision under subregulation (3) within\n10 business days after receiving the request for a waiver from the\nproponent.\n(5) The NT EPA must give notice to the proponent of a decision to\nwaive or refuse to waive the requirement for a supplement and a\nstatement of reasons for the decision.\n(6) If the NT EPA decides to waive the requirement for a supplement,\nthe NT EPA must publish the decision and a statement of reasons\nfor the decision.\n(7) The NT EPA must not waive the requirement for a supplement if the\naction is being assessed under a Bilateral Agreement with the\nCommonwealth in accordance with section 45 of the\nCommonwealth Act.\n\nEnvironment Protection Regulations 2020 56\n","sortOrder":147},{"sectionNumber":"142","sectionType":"section","heading":"Status of supplement","content":"142 Status of supplement\nA supplement to a draft environmental impact statement forms part\nof that statement.\n","sortOrder":148},{"sectionNumber":"143","sectionType":"section","heading":"Additional information in relation to environmental impact","content":"143 Additional information in relation to environmental impact\nstatement\n(1) If the proponent provides a supplement to a draft environmental\nimpact statement to the NT EPA, the NT EPA may direct the\nproponent to give the NT EPA, within a specified period, any\nadditional information the NT EPA considers necessary to facilitate\nconsideration of the environmental impact statement.\n(2) The direction must be given not later than 20 business days after\nregulation 139.\n(3) If the NT EPA gives a direction under this regulation, the required\nperiod for the NT EPA to prepare an assessment report under\nregulation 161(1) for the assessment under this Division ceases to\nrun until the information is given to the NT EPA.\n","sortOrder":149},{"sectionNumber":"144","sectionType":"section","heading":"Publication of direction and information","content":"144 Publication of direction and information\nThe NT EPA must publish a direction under regulation 143 and the\ninformation given in response to the direction as soon as\npracticable after being given the information.\n","sortOrder":150},{"sectionNumber":"145","sectionType":"section","heading":"NT EPA may invite submissions","content":"145 NT EPA may invite submissions\n(1) The NT EPA may invite interested persons or specified persons or\ngovernment authorities to make submissions within a period\nspecified by the NT EPA about:\n(a) the information given in response to the direction under\nregulation 143; or\n(b) a specified aspect of the information given in response to the\ndirection under regulation 143.\n(2) The submission period must not exceed 15 business days.\n(3) If the NT EPA invites submissions under this regulation, the\nrequired period for the NT EPA to prepare an assessment report\nceases to run until the end of the submission period.\n\nEnvironment Protection Regulations 2020 57\n","sortOrder":151},{"sectionNumber":"146","sectionType":"section","heading":"NT EPA may invite proponent to address submissions","content":"146 NT EPA may invite proponent to address submissions\n(1) This regulation applies if the NT EPA receives submissions under\nregulation 145.\n(2) The NT EPA may invite the proponent to provide a response\naddressing the submissions within the period specified by the NT\nEPA.\n(3) The period specified by the NT EPA under subregulation (2) must\nnot exceed 15 business days.\n(4) If the NT EPA invites the proponent to provide a response to the\nsubmissions, the required period for the NT EPA to prepare an\nassessment report under regulation 161(1) for the assessment\nunder this Division ceases to run until the NT EPA receives the\nproponent's response.\n","sortOrder":152},{"sectionNumber":"147","sectionType":"section","heading":"Application of Division","content":"147 Application of Division\nThis Division applies if a method of assessment that is, or includes,\nan assessment by inquiry is required under Part 4 or 7.\n","sortOrder":153},{"sectionNumber":"148","sectionType":"section","heading":"NT EPA to conduct inquiry","content":"148 NT EPA to conduct inquiry\n(1) The NT EPA is to conduct the inquiry.\n(2) Subject to regulation 151, the NT EPA must determine and publish\nthe procedure for the inquiry.\n","sortOrder":154},{"sectionNumber":"149","sectionType":"section","heading":"Terms of reference","content":"149 Terms of reference\n(1) The terms of reference for an assessment by inquiry are the terms\nof reference approved under Division 3 or Part 7 for that\nassessment or those terms of reference as amended under these\nRegulations.\n(2) The NT EPA and any inquiry panel must apply the terms of\nreference in conducting an inquiry.\n","sortOrder":155},{"sectionNumber":"150","sectionType":"section","heading":"Appointment of inquiry panel","content":"150 Appointment of inquiry panel\n(1) The NT EPA may appoint a panel of one or more persons to assist\nthe inquiry.\n(2) The NT EPA must ensure that any person appointed to an inquiry\npanel has the appropriate qualifications or experience to assist the\ninquiry.\n\nEnvironment Protection Regulations 2020 58\n","sortOrder":156},{"sectionNumber":"151","sectionType":"section","heading":"Procedure of inquiry panel","content":"151 Procedure of inquiry panel\n(1) Subject to this Division, in assisting an inquiry, an inquiry panel:\n(a) must determine the procedure to be followed by the panel;\nand\n(b) is not subject to direction in its decisions by the NT EPA or the\nMinister; and\n(c) is not bound by the rules of evidence.\n(2) The inquiry panel must publish the procedure determined under\nsubregulation (1)(a).\n","sortOrder":157},{"sectionNumber":"152","sectionType":"section","heading":"Hearings of inquiry panel to be in public","content":"152 Hearings of inquiry panel to be in public\n(1) A hearing held by an inquiry panel as part of an inquiry must be\nheld in public, unless the panel directs otherwise.\n(2) Subject to subregulation (3), the inquiry panel must publish all\nwritten submissions as soon as practicable after they are received\nby the panel.\n(3) If the inquiry panel considers it desirable in the public interest, the\npanel may:\n(a) give directions that all or part of a hearing be held in private,\nspecifying the persons who may be present; and\n(b) give directions prohibiting or restricting the publication of all or\npart of any submission or evidence given orally or in writing to\nthe panel.\n","sortOrder":158},{"sectionNumber":"153","sectionType":"section","heading":"Timing of report of inquiry or inquiry panel","content":"153 Timing of report of inquiry or inquiry panel\n(1) The NT EPA must complete a report of an inquiry within the period\nspecified in the terms of reference.\n(2) An inquiry panel must complete a report of an inquiry and give it to\nthe NT EPA within the period specified in the terms of reference.\n","sortOrder":159},{"sectionNumber":"154","sectionType":"section","heading":"Publication of report of inquiry or inquiry panel","content":"154 Publication of report of inquiry or inquiry panel\n(1) The NT EPA must publish the report of an inquiry or an inquiry\npanel prepared under regulation 153 as soon as practicable after\nthe inquiry is completed.\n(2) The NT EPA must give a copy of the report to the proponent.\n\nEnvironment Protection Regulations 2020 59\n(3) However, the NT EPA must not publish, or give a copy of, the\nreport to the extent that it sets out any submission or evidence if the\ninquiry panel has directed under regulation 152(3)(b) that\npublication of the submission or evidence is prohibited or restricted.\n(4) The NT EPA must give the proponent a statement of the substance\nof the submission or evidence that is prohibited or restricted from\npublication under subregulation (3).\n","sortOrder":160},{"sectionNumber":"155","sectionType":"section","heading":"Proponent must consider report","content":"155 Proponent must consider report\nThe proponent must consider the report of an inquiry or an inquiry\npanel in relation to a proposed action or strategic proposal in:\n(a) if applicable – preparing any supplementary environmental\nreport under Division 5 or draft environmental impact\nstatement or supplement under Division 6 in relation to the\nproposed action or strategic proposal; or\n(b) giving any additional information at the direction of the NT\nEPA under these Regulations in relation to the proposed\n","sortOrder":161},{"sectionNumber":"156","sectionType":"section","heading":"Assessment report","content":"156 Assessment report\n(1) The NT EPA must prepare an assessment report on completion of\nan environmental impact assessment process.\n(2) The assessment report is to be given to the Minister under Part 5 of\nthe Act.\n(3) The purpose of the assessment report is:\n(a) to assess whether the proposed action or strategic proposal is\nlikely to meet the environmental objectives; and\n(b) to assess the potential significant environmental impacts of a\nproposed action or strategic proposal; and\n(c) to make recommendations for avoiding, mitigating and\nmanaging those impacts; and\n(d) to advise the Minister as to the environmental acceptability of\nthe proposed action or strategic proposal.\n\nEnvironment Protection Regulations 2020 60\n(4) The assessment report must assess:\n(a) the potential environmental impacts and risks of the proposed\naction or strategic proposal; and\n(b) whether there are any significant residual impacts remaining\nafter all reasonable measures to avoid and then mitigate and\nmanage the risks have been taken.\n(5) The assessment report may identify that an offset may be\nappropriate in respect of the significant residual impacts identified in\nthe report.\n","sortOrder":162},{"sectionNumber":"157","sectionType":"section","heading":"Preparation of assessment report","content":"157 Preparation of assessment report\n(1) The NT EPA must consider the following in preparing an\nassessment report:\n(a) any referral information given to the NT EPA;\n(b) any additional information provided under regulation 40 or 83;\n(c) any advice obtained by the NT EPA under regulation 86;\n(d) any supplementary environmental report completed under\nPart 5, Division 5 in relation to the proposed action or strategic\n(e) any environmental impact statement completed under Part 5,\nDivision 6 in relation to the proposed action or strategic\n(f) the report of an inquiry or an inquiry panel under Part 5,\n","sortOrder":163},{"sectionNumber":"Div 7","sectionType":"division","heading":"in relation to the proposed action or strategic","content":"Division 7 in relation to the proposed action or strategic\n(g) any submissions made within the relevant submission period\nin Part 4, 5 or 7.\n(2) The NT EPA may also consider the following in preparing an\nassessment report:\n(a) information based on the NT EPA's own investigations and\nknowledge;\n(ab) any other statutory decision-making processes that may\nmitigate the potential environmental impact of the referred\naction or strategic proposal;\n(b) any independent review received under regulation 87;\n\nEnvironment Protection Regulations 2020 61\n(c) any other information that the NT EPA considers relevant.\n(3) The NT EPA may:\n(a) refer to an inquiry report or an inquiry panel report in its\nassessment report; or\n(b) adopt an inquiry report or inquiry panel report as its\nassessment report.\n","sortOrder":164},{"sectionNumber":"158","sectionType":"section","heading":"Draft environmental approval","content":"158 Draft environmental approval\n(1) The NT EPA must prepare a draft environmental approval to be\ngiven to the Minister with the assessment report prepared under\nregulation 156.\n(2) Subregulation (1) does not apply if the NT EPA proposes to give\nthe Minister a statement of unacceptable impact.\n","sortOrder":165},{"sectionNumber":"159","sectionType":"section","heading":"Draft statement of unacceptable impact","content":"159 Draft statement of unacceptable impact\nThe NT EPA may prepare a draft statement of unacceptable\nimpact.\n","sortOrder":166},{"sectionNumber":"160","sectionType":"section","heading":"Consultation on draft environmental approval or draft","content":"160 Consultation on draft environmental approval or draft\nstatement of unacceptable impact\n(1) The NT EPA:\n(a) must give a copy of the draft environmental approval (if any) to\nthe proponent; and\n(b) may give a copy of the draft statement of unacceptable impact\n(if any) to the proponent; and\n(c) must invite the proponent to make a submission to the NT\nEPA on:\n(i) the draft approval; or\n(ii) if a copy of the draft statement is given to the\nproponent – the draft statement.\n\nEnvironment Protection Regulations 2020 62\n(a) make reasonable efforts to obtain the views of the following in\nrelation to a draft environmental approval or draft statement of\nunacceptable impact:\nmay have a view on the draft approval or draft\nstatement;\n(ii) if the draft approval includes conditions that relate to a\npotential health impact of an action – the Chief Health\nOfficer;\n(iii) if the draft approval includes conditions that relate to a\npotential impact of an action on a social or cultural\nmatter – the relevant government authority and\nsubmission on the draft environmental approval or draft\nstatement of unacceptable impact.\n(3) The NT EPA must specify a period for submissions under\nsubregulations (1) and (2).\n(4) The NT EPA must consider any submissions made within the\n(5) The required period for the NT EPA to give an assessment report to\nthe Minister under regulation 161(1) ceases to run during the\n","sortOrder":167},{"sectionNumber":"161","sectionType":"section","heading":"Period for providing assessment report","content":"161 Period for providing assessment report\n(1) The NT EPA must give the assessment report to the Minister and\nthe proponent within the required period.\nrequired period means:\n(a) for an assessment by referral information – 30 business days\nafter the decision or recommendation on the method of\nassessment is made under regulation 57 or 58; or\n(b) for an assessment by supplementary environmental report –\n40 business days after the end of the submission period\nspecified in the notice under regulation 122; or\n\nEnvironment Protection Regulations 2020 63\n(c) for an assessment by environmental impact statement –\n45 business days after, as the case requires:\n(i) the end of the submission period specified in the notice\nunder regulation 139 for the supplement to the\nstatement; or\n(ii) the NT EPA giving to the proponent under regulation 141\nnotice of the decision to waive the requirement for a\nsupplement to the statement; or\n(d) for an assessment that is an assessment by inquiry –\n45 business days after completion or receipt by the NT EPA of\nthe report of the inquiry in relation to the assessment under\nregulation 153; or\n(e) for an assessment that includes an assessment by inquiry –\n45 business days after receipt by the NT EPA of the last of the\ninformation required to be given to the NT EPA under Part 5 in\nrelation to the assessment.\nDivision 1 Process for significant variation notified during\nassessment process\n","sortOrder":168},{"sectionNumber":"162","sectionType":"section","heading":"Application of Division","content":"162 Application of Division\nThis Division applies if the NT EPA receives either of the following\nbefore the NT EPA prepares an assessment report for the Minister\nin relation to a proposed action or strategic proposal:\n(a) a notice of significant variation of the proposed action under\nsection 51(1) of the Act;\n(b) a notice of significant variation of the strategic proposal under\nsection 51(2) of the Act.\n","sortOrder":169},{"sectionNumber":"163","sectionType":"section","heading":"NT EPA may suspend assessment process","content":"163 NT EPA may suspend assessment process\nprocess for the proposed action or strategic proposal until it has\nmade a decision on the significant variation.\n\nEnvironment Protection Regulations 2020 64\n(2) If the NT EPA suspends the environmental impact assessment\nprocess under subregulation (1), the required period for the NT\nEPA to make a decision on the proposed action or strategic\nproposal under Part 4, 5 or 6 ceases to run until the NT EPA makes\na decision on the significant variation.\n","sortOrder":170},{"sectionNumber":"164","sectionType":"section","heading":"Additional information about significant variation","content":"164 Additional information about significant variation\n(1) On receipt of the notice of significant variation, the NT EPA may\ndirect the proponent to give it additional information in relation to\nthe significant variation.\n(3) A direction must be given within 10 business days after the NT EPA\nperiod in regulation 166 for the NT EPA to make a decision on the\nnotice of significant variation ceases to run until the information is\ngiven.\n","sortOrder":171},{"sectionNumber":"165","sectionType":"section","heading":"Proponent may provide draft terms of reference or draft","content":"165 Proponent may provide draft terms of reference or draft\namendments\nsignificant variation:\n(a) draft terms of reference that may be appropriate as a result of\nthe significant variation; or\n(b) draft amendments to existing approved terms of reference that\nmay be appropriate as a result of the significant variation.\n\nEnvironment Protection Regulations 2020 65\ndraft terms of reference or draft amendments to existing terms of\nreference are appropriate.\n","sortOrder":172},{"sectionNumber":"166","sectionType":"section","heading":"Decision whether to accept notice of significant variation","content":"166 Decision whether to accept notice of significant variation\nvariation of a proposed action or strategic proposal within\n15 business days after the notice is given under section 51(1) or (2)\nregulation 41 (as applied by regulation 164(5)) not to proceed with\n","sortOrder":173},{"sectionNumber":"167","sectionType":"section","heading":"Grounds for refusal to accept notice of significant variation","content":"167 Grounds for refusal to accept notice of significant variation\nunder regulation 166 if the NT EPA considers that the notice:\n","sortOrder":174},{"sectionNumber":"168","sectionType":"section","heading":"Notice to proponent of decision","content":"168 Notice to proponent of decision\n(1) The NT EPA must give notice of a decision under regulation 166 to\nthe proponent.\nthe notice relates;\n\nEnvironment Protection Regulations 2020 66\n(d) the nature of the variation.\n","sortOrder":175},{"sectionNumber":"169","sectionType":"section","heading":"Publication of documents","content":"169 Publication of documents\n(2) If the notice of significant variation is accepted, the NT EPA must\nalso publish the following as soon as practicable after the decision\nis made:\n(b) any direction given under regulation 164;\ngiven under regulation 164;\n(d) if the proponent has provided draft terms of reference or draft\namendments to the existing approved terms of reference\nunder regulation 165 – the draft terms of reference or draft\namendments and statement of reasons provided under that\n","sortOrder":176},{"sectionNumber":"170","sectionType":"section","heading":"Public consultation","content":"170 Public consultation\n(1) If the notice of significant variation is accepted, the NT EPA must\n(a) advising where the documents mentioned in regulation 169\n\nEnvironment Protection Regulations 2020 67\n(a) for a notice relating to a standard assessment other than a\n(b) for a notice relating to a standard assessment for which the\nproponent has provided draft terms of reference or draft\namendments to the existing approved terms of reference –\n30 business days after the date of the notice; or\n(c) for a notice relating to a strategic assessment other than a\nnotice mentioned in paragraph (d) – 30 business days after\n(d) for a notice relating to a strategic assessment for which the\nproponent has provided draft terms of reference or draft\namendments to the existing approved terms of reference –\n40 business days after the date of the notice.\n","sortOrder":177},{"sectionNumber":"171","sectionType":"section","heading":"Consultation with government authorities","content":"171 Consultation with government authorities\nIf the notice of significant variation is accepted, the NT EPA must:\n(a) give a copy of the documents mentioned in regulation 169 to\nsubmission period specified in the notice under regulation 170.\nSubdivision 3 Consideration of accepted notice of significant\n","sortOrder":178},{"sectionNumber":"172","sectionType":"section","heading":"Matters NT EPA must consider in relation to significant","content":"172 Matters NT EPA must consider in relation to significant\nunder regulation 173 on the significant variation:\nregulation 164;\n(c) any submissions received under regulation 170 or 171;\n\nEnvironment Protection Regulations 2020 68\n(2) In assessing a significant variation to determine whether a\nproposed action or strategic proposal requires a different method of\nenvironmental impact assessment or whether a new environmental\nimpact assessment is required for the significant variation, the NT\nway from the impacts already identified in the assessment\nthose already identified in the assessment process for the\nproposed action or strategic proposal;\n","sortOrder":179},{"sectionNumber":"173","sectionType":"section","heading":"Decision or recommendation on significant variation","content":"173 Decision or recommendation on significant variation\n(1) The NT EPA may decide that:\n(a) for an assessment by referral information:\nwith the existing assessment method; or\n(ii) the existing assessment method is no longer appropriate\n(iii) the assessment can continue to assess the proposed\naction or strategic proposal with the existing assessment\nmethod, but a new assessment is required for the\n(iv) the assessment is no longer required; or\n(b) for an assessment by supplementary environmental report:\nwith the existing assessment method; or\n\nEnvironment Protection Regulations 2020 69\n(ii) the existing assessment method is no longer appropriate\n(iii) the assessment can continue to assess the proposed\naction or strategic proposal with the existing assessment\nmethod, but a new assessment is required for the\n(iv) the assessment is no longer required; or\n(c) for an environmental impact statement process:\nwithin the existing terms of reference; or\n(ia) if terms of reference have not yet been published for the\nassessment – the assessment can continue with the\napproval of terms of reference; or\n(ii) the assessment can continue with amended terms of\n(iii) the existing assessment method is no longer appropriate\n(iv) the assessment can continue to assess the proposed\naction or strategic proposal within the existing terms of\nreference, but a new assessment is required for the\n(v) the assessment is no longer required; or\n(d) for an assessment that is, or includes, an assessment by\ninquiry:\nwith the existing terms of reference; or\n(ia) if terms of reference have not yet been published for the\nassessment – the assessment can continue with the\napproval of terms of reference; or\n(ii) the assessment can continue with amended terms of\n\nEnvironment Protection Regulations 2020 70\n(iii) the existing assessment method is no longer appropriate\n(iv) the assessment can continue to assess the proposed\naction or strategic proposal within the existing terms of\nreference, but a new assessment is required for the\n(v) the assessment is no longer required.\n(2) A decision under subregulation (1)(c) that the terms of reference\nneed to be amended may be made whether the notice of variation\nis given before or after a draft environmental impact statement is\n(3) A decision under subregulation (1)(d) that the terms of reference\nneed to be amended may be made before the assessment by\ninquiry is completed.\n(4) The NT EPA must consult with the proponent before deciding a\nmethod of environmental impact assessment that is, or includes, an\nassessment by inquiry and consider any written submission\nreceived from the proponent within the period specified in writing by\nthe NT EPA.\n(5) If the NT EPA decides that a new assessment is required for a\n(6) Regulations 59 and 60 apply to the decision or recommendation on\n\nEnvironment Protection Regulations 2020 71\n(7) A decision or recommendation under subregulation (1) or (5) must\nperiod specified in the notice under regulation 170.\n(8) The required period for the NT EPA to make a decision or\nrecommendation under subregulation (1) or (5) ceases to run\n","sortOrder":180},{"sectionNumber":"174","sectionType":"section","heading":"Statement of reasons","content":"174 Statement of reasons\nThe NT EPA must prepare a statement of reasons for a decision or\nrecommendation under regulation 173.\n","sortOrder":181},{"sectionNumber":"175","sectionType":"section","heading":"Notice to proponent of decision or recommendation","content":"175 Notice to proponent of decision or recommendation\n(a) notice of a decision or recommendation under regulation 173;\nand\nreasons must be given to the proponent as soon as practicable\nafter the decision or recommendation is made.\n","sortOrder":182},{"sectionNumber":"176","sectionType":"section","heading":"Notice of decision or recommendation to be published","content":"176 Notice of decision or recommendation to be published\nthe decision or recommendation is made under regulation 173:\n","sortOrder":183},{"sectionNumber":"177","sectionType":"section","heading":"Assessment to continue without change","content":"177 Assessment to continue without change\n(1) If the NT EPA makes a decision under regulation 173(1)(a)(i) that\nan assessment can continue, the NT EPA must recommence the\nenvironmental impact assessment process in accordance with\nParts 5 and 6 within 10 business days after the decision is made.\n(2) If the NT EPA makes a decision under regulation 173(1)(b)(i) that\nan assessment can continue, the NT EPA:\nregulation 83 or 124; and\n\nEnvironment Protection Regulations 2020 72\n(b) may amend a direction given under regulation 119(2)(b)\nor 124; and\n(c) must recommence the environmental impact assessment\n(3) If the NT EPA makes a decision under regulation 173(1)(c)(i) that\nan assessment can continue within the existing terms of reference,\nregulation 83 or 143; and\n(b) may amend a direction given under regulation 136(1) or 143;\nand\n(c) must recommence the environmental impact assessment\n(3A) If a decision is made under regulation 173(1)(c)(ia) or (d)(ia) that\nthe assessment can continue with the approval of terms of\nreference:\n(a) the NT EPA must commence the process for the approval of\nterms of reference under regulation 98 within 10 business\ndays after the decision under regulation 173(1)(c)(ia) or (d)(ia)\nis made; and\n(b) regulation 101 applies as if it required the terms of reference\nto be published within 40 business days after the decision\nunder regulation 173(1)(c)(ia) or (d)(ia) is made.\n(4) If the NT EPA makes a decision under regulation 173(1)(d)(i) that\nan assessment can continue within the existing terms of reference,\nregulation 83; and\n(b) must recommence the environmental impact assessment\n\nEnvironment Protection Regulations 2020 73\n","sortOrder":184},{"sectionNumber":"178","sectionType":"section","heading":"Alternative method of assessment required","content":"178 Alternative method of assessment required\n(1) If the NT EPA makes a decision under regulation 173 that an\nalternative method of environmental impact assessment is required,\nthe NT EPA must:\n(a) by written notice to the proponent, terminate the existing\nenvironmental impact assessment process; and\n(b) decide the method of environmental impact assessment in\naccordance with regulations 59, 60 and 61 as soon as\npracticable after the decision is made; and\n(c) carry out the new environmental impact assessment process\nin accordance with Parts 5 and 6.\n(2) The NT EPA may consider any information provided to it under the\nexisting environmental impact assessment process in carrying out\nthe new assessment process.\n","sortOrder":185},{"sectionNumber":"179","sectionType":"section","heading":"New assessment for significant variation","content":"179 New assessment for significant variation\n(1) If the NT EPA makes a decision under regulation 173(1) that an\nassessment can continue, but that a new assessment is required\nfor the matters in the significant variation, the NT EPA must:\n(a) recommence the existing environmental impact assessment\nprocess in accordance with Parts 5 and 6; and\n(b) subject to subregulations (2) and (3), carry out an assessment\nof the significant variation.\n(2) If the NT EPA recommends to the Minister under regulation 173(5)\nthat the assessment of the significant variation be a strategic\nassessment, Part 4, Division 4 applies, with the necessary\nchanges, as if the variation were a strategic proposal.\n(3) Subject to regulation 180, Parts 5 and 6 apply, with the necessary\nchanges, to a new assessment of a significant variation mentioned\nin regulation 173 as if the variation were a proposed action or\n","sortOrder":186},{"sectionNumber":"180","sectionType":"section","heading":"Application of Part 5 if draft terms of reference for variation","content":"180 Application of Part 5 if draft terms of reference for variation\n(a) the NT EPA has determined under regulation 173 that the new\nassessment of a significant variation is to be an assessment\nby environmental impact statement; and\n\nEnvironment Protection Regulations 2020 74\n(b) draft terms of reference or draft amendments to the existing\napproved terms of reference for the significant variation (the\ndraft terms of reference for the significant variation) were\npublished under regulation 169.\nand 100 to 104 do not apply to the draft terms of reference for the\n(3) After considering any submissions received under regulations 170\nand 171 in relation to the draft terms of reference for the significant\nvariation, the NT EPA may:\nreference for the significant variation within 35 business days after\nregulation 170.\n(5) If the NT EPA refuses to approve the draft terms of reference under\nsubregulation (3), the NT EPA must prepare draft terms of\nreference for the assessment under regulation 98(1).\nsubregulation (3) as if it were a decision under regulation 104(1),(3)\nor (4).\n","sortOrder":187},{"sectionNumber":"181","sectionType":"section","heading":"Assessment is no longer required","content":"181 Assessment is no longer required\n(1) This regulation applies if the NT EPA decides under regulation 173\nthat an assessment is no longer required.\n(2) The NT EPA must, by written notice to the proponent, terminate the\nenvironmental impact assessment process for the proposed action\nor strategic proposal.\n\nEnvironment Protection Regulations 2020 75\n","sortOrder":188},{"sectionNumber":"182","sectionType":"section","heading":"Application of Subdivision","content":"182 Application of Subdivision\nThis Subdivision applies if the NT EPA decides under:\n(a) regulation 173(1)(c)(ii) that the terms of reference for an\nassessment by environmental impact statement need to be\namended; or\n(b) regulation 173(1)(d)(ii) that the terms of reference for an\nassessment by inquiry need to be amended.\n","sortOrder":189},{"sectionNumber":"183","sectionType":"section","heading":"Preparation of draft amending terms of reference","content":"183 Preparation of draft amending terms of reference\n(1) The NT EPA must prepare draft amending terms of reference that\nmay be:\n(a) amended terms of reference; or\n(b) new terms of reference; or\n(c) an addendum to the terms of reference.\n(2) Subregulation (1) and regulations 184 to 187 do not apply if draft\nterms of reference or draft amendments to the existing terms of\nreference for the assessment (the draft amending terms of\nreference) were published under regulation 169.\n(3) Subregulation (2) does not affect the requirement in\nregulation 188(6) to prepare draft amending terms of reference.\n","sortOrder":190},{"sectionNumber":"184","sectionType":"section","heading":"Consultation with proponent","content":"184 Consultation with proponent\n(1) Before publishing the draft amending terms of reference under\nregulation 185, the NT EPA:\nsubmission from the proponent received within the time\n(2) The required period for the NT EPA to publish the draft amending\nterms of reference ceases to run during any period that the NT EPA\ncarries out a consultation under subregulation (1).\n\nEnvironment Protection Regulations 2020 76\n","sortOrder":191},{"sectionNumber":"185","sectionType":"section","heading":"Publication of draft amending terms of reference","content":"185 Publication of draft amending terms of reference\nThe NT EPA must publish the draft amending terms of reference\nprepared under regulation 183 within 40 business days after the\ndecision is made under regulation 173(1)(c)(ii) or (d)(ii).\n","sortOrder":192},{"sectionNumber":"186","sectionType":"section","heading":"Public consultation","content":"186 Public consultation\n(1) The NT EPA must publish a notice of the draft amending terms of\nreference prepared under regulation 183.\n(a) state where the draft amending terms of reference may be\non the draft amending terms of reference within the period\n","sortOrder":193},{"sectionNumber":"187","sectionType":"section","heading":"Consultation with government authorities","content":"187 Consultation with government authorities\n(a) give a copy of the draft amending terms of reference to any\nview on the matter; and\nNT EPA on the draft amending terms of reference within the\nsubmission period specified in the notice under regulation 186.\n","sortOrder":194},{"sectionNumber":"188","sectionType":"section","heading":"Decision on draft amending terms of reference for significant","content":"188 Decision on draft amending terms of reference for significant\n(1) After considering any submissions received under regulations 186\nand 187, the NT EPA may:\n(a) approve the draft amending terms of reference; or\n(b) approve the draft amending terms of reference with any\nchanges the NT EPA considers appropriate; or\n(c) refuse to approve the draft amending terms of reference.\n\nEnvironment Protection Regulations 2020 77\n(2) Subregulation (3) applies if draft terms of reference or draft\namendments to the existing approved terms of reference (the draft\namending terms of reference) for the significant variation were\npublished under regulation 169.\n(3) After considering any submissions received under regulations 170\nand 171, the NT EPA may:\n(a) approve the draft amending terms of reference published\nunder regulation 169; or\n(b) approve the draft amending terms of reference with any\nchanges the NT EPA considers appropriate; or\n(c) refuse to approve the draft amending terms of reference.\n(4) The NT EPA must make a decision under subregulation (1) within\n15 business days after the end of the submission period specified in\nthe notice under regulation 186.\n(5) The NT EPA must make a decision under subregulation (3) within\n30 business days after the end of the submission period specified in\nthe notice under regulation 170.\n(6) If the NT EPA refuses to approve the draft amending terms of\nreference for an assessment under subregulation (3), the NT EPA\nmust prepare draft amending terms of reference for the assessment\nunder regulation 183(1).\n(7) If the draft amending terms of reference are approved under\nsubregulation (1) or (3), the terms of reference have effect as\namended:\n(a) on the date that the approved amending terms of reference\nare published under regulation 190; or\n(b) on a later date specified in the amending terms of reference.\n","sortOrder":195},{"sectionNumber":"189","sectionType":"section","heading":"Notice to proponent of decision","content":"189 Notice to proponent of decision\n(1) The NT EPA must give notice of a decision under regulation 188(1)\nor (3) to the proponent.\n(2) If the NT EPA approves the draft amending terms of reference (with\nor without changes), the NT EPA must give the proponent a copy of\nthe approved amending terms of reference.\n(3) If the NT EPA refuses to approve the amending terms of reference,\nthe NT EPA must give the proponent a statement of reasons for the\n\nEnvironment Protection Regulations 2020 78\n(4) The notice of decision and either the approved amending terms of\nreference or, if the decision is to refuse to approve the draft\namending terms of reference, the statement of reasons must be\n","sortOrder":196},{"sectionNumber":"190","sectionType":"section","heading":"Notice of decision to be published","content":"190 Notice of decision to be published\nthe decision is made under regulation 188(1) or (3):\n(b) if the draft amending terms of reference are approved, with or\nwithout changes – the approved amending terms of reference;\n(c) if the NT EPA refuses to approve the draft amending terms of\nreference – the statement of reasons for the decision.\n","sortOrder":197},{"sectionNumber":"191","sectionType":"section","heading":"Assessment process after amending terms of reference","content":"191 Assessment process after amending terms of reference\napproved\n(1) This regulation applies if the NT EPA approves draft amending\nterms of reference under regulation 188.\n(2) If the terms of reference are for an assessment by environmental\nimpact statement:\n(a) the NT EPA and the proponent must carry out the\nenvironmental impact assessment process under Part 5 in\naccordance with the amended terms of reference; and\n(b) the proponent must prepare any documents for the\nassessment as directed by the NT EPA in accordance with the\namended terms of reference.\n(3) If the terms of reference are for an assessment by inquiry, the NT\nEPA and the proponent must carry out the environmental impact\nassessment process under Part 5 in accordance with the amended\nterms of reference.\n\nEnvironment Protection Regulations 2020 79\nDivision 2 Process for significant variation notified after\nassessment report\n","sortOrder":198},{"sectionNumber":"192","sectionType":"section","heading":"Application of Division","content":"192 Application of Division\nThis Division applies if the NT EPA receives a notice of significant\nvariation under section 51(1) or (2) of the Act:\n(a) after the assessment report on the proposed action or\nstrategic proposal is prepared by the NT EPA; and\n(b) before an environmental approval is given for the proposed\nNote for regulation 192\nSection 56(2) of the Act provides that the approval process under Part 5 of the\nAct ceases until the assessment of the variation is completed.\n","sortOrder":199},{"sectionNumber":"193","sectionType":"section","heading":"NT EPA to notify Minister of receipt of notice of significant","content":"193 NT EPA to notify Minister of receipt of notice of significant\nThe NT EPA must notify the Minister without delay of the receipt of\n","sortOrder":200},{"sectionNumber":"194","sectionType":"section","heading":"Additional information about significant variation","content":"194 Additional information about significant variation\n(1) On receipt of the notice of significant variation under section 51(1)\nor (2) of the Act, the NT EPA may direct the proponent to give it\nadditional information in relation to the significant variation.\n\nEnvironment Protection Regulations 2020 80\nperiod for the NT EPA to make a decision under regulation 196 on\nthe notice of significant variation ceases to run until the information\nis given.\n","sortOrder":201},{"sectionNumber":"195","sectionType":"section","heading":"Proponent may provide draft terms of reference","content":"195 Proponent may provide draft terms of reference\nsignificant variation, draft terms of reference that may be\nappropriate as a result of the significant variation.\ndraft terms of reference are appropriate.\n","sortOrder":202},{"sectionNumber":"196","sectionType":"section","heading":"Decision whether to accept notice of significant variation","content":"196 Decision whether to accept notice of significant variation\nvariation of a proposed action or strategic proposal within\n15 business days after the notice is given under section 51(1) or (2)\nregulation 41 (as applied by regulation 194(5)) not to proceed with\n","sortOrder":203},{"sectionNumber":"197","sectionType":"section","heading":"Grounds for refusal to accept notice of significant variation","content":"197 Grounds for refusal to accept notice of significant variation\nunder regulation 196 if the NT EPA considers that the notice:\n\nEnvironment Protection Regulations 2020 81\n","sortOrder":204},{"sectionNumber":"198","sectionType":"section","heading":"Matters to be provided to Minister if notice of variation refused","content":"198 Matters to be provided to Minister if notice of variation refused\nIf the NT EPA refuses to accept a notice of significant variation, the\nNT EPA must provide to the Minister:\nrefused; and\n","sortOrder":205},{"sectionNumber":"199","sectionType":"section","heading":"Notice to proponent of decision","content":"199 Notice to proponent of decision\n(1) The NT EPA must give notice of a decision under regulation 196 to\nthe proponent.\n(a) a statement that the notice of strategic variation has been\nthe notice relates;\n(d) the nature of the significant variation.\n","sortOrder":206},{"sectionNumber":"200","sectionType":"section","heading":"Publication of documents","content":"200 Publication of documents\n(2) If a notice of significant variation is accepted, the NT EPA must also\npublish the following as soon as practicable after the decision is\n\nEnvironment Protection Regulations 2020 82\n(b) any direction given under regulation 194;\ngiven under regulation 194;\n(d) if the proponent has provided draft terms of reference under\nregulation 195 – the draft terms of reference and the\nstatement of reasons provided under that regulation.\n","sortOrder":207},{"sectionNumber":"201","sectionType":"section","heading":"Public consultation","content":"201 Public consultation\n(1) If a notice of significant variation is accepted, the NT EPA must\n(a) advising where the documents mentioned in regulation 200\n(a) for a notice relating to a standard assessment other than a\n(b) for a notice relating to a standard assessment for which the\nregulation 195 – 30 business days after the date of the notice;\nor\n(c) for a notice relating to a strategic assessment other than a\nnotice mentioned in paragraph (d) – 30 business days after\n(d) for a notice relating to a strategic assessment for which the\nregulation 195 – 40 business days after the date of the notice.\n","sortOrder":208},{"sectionNumber":"202","sectionType":"section","heading":"Consultation with government authorities","content":"202 Consultation with government authorities\nIf a notice of significant variation is accepted, the NT EPA must:\n(a) give a copy of the documents mentioned in regulation 200 to\n\nEnvironment Protection Regulations 2020 83\nsubmission period specified in the notice under regulation 201.\nSubdivision 3 Consideration of accepted notice of significant\n","sortOrder":209},{"sectionNumber":"203","sectionType":"section","heading":"Matters NT EPA must consider in relation to significant","content":"203 Matters NT EPA must consider in relation to significant\nunder regulation 204 or 205 on a significant variation:\nregulation 194;\n(c) any submissions received under regulation 201 or 202;\n(2) In assessing a significant variation to determine whether or not the\nvariation requires a new environmental impact assessment, the NT\nway from the impacts already identified in the assessment\nthose already identified in the assessment process for the\nproposed action or strategic proposal;\n","sortOrder":210},{"sectionNumber":"204","sectionType":"section","heading":"Decision or recommendation on significant variation","content":"204 Decision or recommendation on significant variation\n(1) This regulation does not apply to a significant variation of a\nproposed action or strategic proposal if the NT EPA has prepared a\nstatement of unacceptable impact in relation to the proposed action\nor strategic proposal.\n\nEnvironment Protection Regulations 2020 84\n(2) The NT EPA must consider a significant variation of a proposed\naction or strategic proposal and decide whether:\n(a) the potential significant impacts of the variation can be\navoided or mitigated or managed through the proposed\nconditions of the draft environmental approval given to the\nMinister with the assessment report; or\n(b) the potential significant impacts of the variation can be\navoided or mitigated or managed if an amendment is made to\nthe proposed conditions of the draft environmental approval\ngiven to the Minister with the assessment report; or\n(c) the potential significant impacts of the variation are such that a\nnew assessment is required for the matters in the significant\nvariation.\n(3) If the NT EPA decides that a new assessment is required for a\n(4) Regulations 59 and 60 apply to the decision or recommendation on\n(5) A decision or recommendation under subregulation (2) or (3) must\n(6) The required period for the NT EPA to make a decision or\nrecommendation under subregulation (2) or (3) ceases to run\n\nEnvironment Protection Regulations 2020 85\n","sortOrder":211},{"sectionNumber":"205","sectionType":"section","heading":"Decision or recommendation if statement of unacceptable","content":"205 Decision or recommendation if statement of unacceptable\nimpact prepared\n(1) This regulation applies to a significant variation of a proposed\naction or strategic proposal if the NT EPA has prepared a statement\nof unacceptable impact in relation to the proposed action or\n(2) The NT EPA must consider the significant variation and decide\nwhether:\n(a) the potential significant impacts of the proposed action or\nstrategic proposal can be avoided or mitigated or managed\nthrough the conditions of an environmental approval; or\n(b) the potential significant impacts of the proposed action or\nstrategic proposal cannot be avoided or mitigated or managed\nthrough the conditions of an environmental approval; or\n(c) the environmental impacts of the significant variation are such\nthat a new assessment is required for the matters in the\n(3) The NT EPA may consult with the proponent if it proposes to make\na decision under subregulation (2)(b) and must consider any written\nsubmission received from the proponent within the period specified\nin writing by the NT EPA.\n(4) If the NT EPA decides that a new assessment is required for a\n(5) Regulations 59 and 60 apply to the decision or recommendation on\n\nEnvironment Protection Regulations 2020 86\n(6) A decision or recommendation under subregulation (2) or (4) must\n(7) The required period for the NT EPA to make a decision or\nrecommendation under subregulation (2) or (4) ceases to run\n","sortOrder":212},{"sectionNumber":"206","sectionType":"section","heading":"Notice to proponent of decision or recommendation","content":"206 Notice to proponent of decision or recommendation\n(a) notice of a decision or recommendation under regulation 204\nor 205; and\n(b) a statement of reasons for the decision or recommendation.\nreasons must be given as soon as practicable after the decision or\nrecommendation is made.\n","sortOrder":213},{"sectionNumber":"207","sectionType":"section","heading":"Notice of decision or recommendation to be published","content":"207 Notice of decision or recommendation to be published\na decision or recommendation is made under regulation 204 or 205:\n","sortOrder":214},{"sectionNumber":"208","sectionType":"section","heading":"Matters to be provided to Minister if additional assessment not","content":"208 Matters to be provided to Minister if additional assessment not\nrequired\n(1) If the NT EPA makes a decision under regulation 204(2)(a), the NT\nEPA must prepare and provide to the Minister under\nsection 56(2)(b) of the Act a report or addendum that contains:\n(a) a statement setting out the decision; and\n\nEnvironment Protection Regulations 2020 87\n(2) If the NT EPA makes a decision under regulation 204(2)(b), the NT\nEPA must prepare and provide to the Minister under section 56(2)\nof the Act:\n(a) a report or addendum that contains:\n(b) a revised draft environmental approval prepared in\naccordance with regulation 212.\n(3) A document mentioned in subregulation (1) or (2) must be provided\nwithin 30 business days after the relevant decision is made under\nregulation 204.\nmentioned in subregulation (1) or (2) ceases to run during any\nregulation 212 in relation to the revised draft environmental\napproval.\n","sortOrder":215},{"sectionNumber":"209","sectionType":"section","heading":"Documents to be provided to Minister if new assessment not","content":"209 Documents to be provided to Minister if new assessment not\nrequired\n(1) If the NT EPA makes a decision under regulation 205(2)(a), the NT\nEPA must:\n(a) prepare and provide to the Minister under section 56(2)(b) of\nthe Act a report or addendum that contains:\n(b) prepare and provide to the Minister under section 56(2)(c) of\nthe Act a draft environmental approval prepared in accordance\nwith regulation 212; and\n(c) cancel the statement of unacceptable impact.\n(2) If the NT EPA makes a decision under regulation 205(2)(b), the NT\nEPA must prepare and provide to the Minister under section 56(2)\nof the Act:\n(a) a report or addendum that contains:\n\nEnvironment Protection Regulations 2020 88\n(b) a revised statement of unacceptable impact.\n(3) A document mentioned in subregulation (1) or (2) must be provided\nwithin 30 business days after the relevant decision is made under\nregulation 205.\nmentioned in subregulation (1) ceases to run during any period that\nthe NT EPA carries out a consultation under regulation 212 in\nrelation to the draft environmental approval.\n","sortOrder":216},{"sectionNumber":"210","sectionType":"section","heading":"New assessment for significant variation","content":"210 New assessment for significant variation\nregulation 204(2)(c) or 205(2)(c) that a new assessment is required\nfor the matters in the significant variation.\n(2) Subject to subregulations (3) and (4), the NT EPA must carry out an\nassessment of the significant variation.\n(3) If the NT EPA recommends to the Minister under regulation 204(3)\nthat the assessment of the significant variation be a strategic\nassessment, Part 4, Division 4 applies, with the necessary\nchanges, as if the variation were a strategic proposal.\n(4) Subject to regulation 211, Parts 5 and 6 apply, with the necessary\nchanges, to the assessment of the significant variation as if:\n(a) the variation were a proposed action or strategic proposal; and\n(b) a reference in Part 6 to:\n(i) an assessment report were a reference to a new or\nrevised assessment report mentioned in section 56(2)(b)\nof the Act; and\n(ii) a draft environmental approval were a reference to a\nrevised draft environmental approval mentioned in\nsection 56(2)(c) of the Act.\n","sortOrder":217},{"sectionNumber":"211","sectionType":"section","heading":"Application of Part 5 if draft terms of reference for variation","content":"211 Application of Part 5 if draft terms of reference for variation\n(a) the NT EPA has determined under regulation 204 or 205 or\nPart 4, Division 4 that the new assessment of a significant\nvariation is to be an assessment by environmental impact\nstatement; and\n\nEnvironment Protection Regulations 2020 89\npublished under regulation 200.\nand 100 to 104 do not apply to the terms of reference for the\n(3) After considering any submissions received under regulations 201\nand 202 in relation to the draft terms of reference published under\nregulation 200, the NT EPA may:\nassessment under subregulation (3), the NT EPA must prepare\n","sortOrder":218},{"sectionNumber":"212","sectionType":"section","heading":"Consultation on draft or revised draft environmental approval","content":"212 Consultation on draft or revised draft environmental approval\n(1) This regulation applies to the preparation of:\n(a) a revised draft environmental approval mentioned in\nregulation 208; or\n(b) a draft environmental approval mentioned in regulation 209.\n(a) consult with the proponent on:\n(i) the proposed revisions to the draft environmental\napproval; or\n(ii) the proposed draft environmental approval; and\n\nEnvironment Protection Regulations 2020 90\n(b) invite the proponent to make a submission to the NT EPA on\nthe matters on which the proponent is consulted.\nmay have a view on the proposed revisions or the draft\nenvironmental approval, as the case requires;\n(ii) in relation to any proposed revisions to the draft\nenvironmental approval or conditions of the proposed\ndraft environmental approval that relate to a potential\nhealth impact of an action – the Chief Health Officer;\n(iii) in relation to any proposed revisions to the draft\nenvironmental approval or conditions of the proposed\ndraft environmental approval that relate to a potential\nimpact of an action on a social or cultural matter – the\nrelevant government authority; and\nsubmission on matters on which the entity is consulted.\n","sortOrder":219},{"sectionNumber":"Div 2A","sectionType":"division","heading":"Process for significant variation notified in other","content":"Division 2A Process for significant variation notified in other\nspecified circumstances\n","sortOrder":220},{"sectionNumber":"212A","sectionType":"section","heading":"Definitions","content":"212A Definitions\nIn this Part:\nEAA referred action means an action that was referred, notified or\nsubmitted (however described) for assessment under the\nEnvironmental Assessment Act 1982.\nnon-assessed action means an action referred under section 48\nof the Act for which a decision was made under regulation 57(2)(a)\nor 58(1)(a) that an assessment was not required.\n\nEnvironment Protection Regulations 2020 91\nnon-assessed strategic proposal means a strategic proposal\nreferred under section 49 of the Act for which a decision was made\nunder regulation 57(2)(a) or 58(1)(a) that an assessment was not\nrequired.\n","sortOrder":221},{"sectionNumber":"212B","sectionType":"section","heading":"Application of Division","content":"212B Application of Division\nThis Division applies if the NT EPA receives any of the following:\n(a) a notice under section 51(1) of the Act of a significant variation\nof a non-assessed action;\n(b) a notice under section 51(1) of the Act of a significant variation\nof an EAA referred action;\n(c) a notice under section 51(2) of the Act of a significant variation\nof a non-assessed strategic proposal.\n","sortOrder":222},{"sectionNumber":"212C","sectionType":"section","heading":"Additional information about significant variation","content":"212C Additional information about significant variation\n(1) On receipt of the notice of significant variation under\nsection 51(1) or (2) of the Act, the NT EPA may direct the\nproponent to give it additional information in relation to the\nperiod for the NT EPA to make a decision under regulation 212E on\nthe notice of significant variation ceases to run until the information\nis given.\naction or strategic proposal, as the case requires.\n\nEnvironment Protection Regulations 2020 92\n","sortOrder":223},{"sectionNumber":"212D","sectionType":"section","heading":"Proponent may provide draft terms of reference","content":"212D Proponent may provide draft terms of reference\nsignificant variation, draft terms of reference that may be\nappropriate as a result of the significant variation.\ndraft terms of reference are appropriate.\n","sortOrder":224},{"sectionNumber":"212E","sectionType":"section","heading":"Decision whether to accept notice of significant variation","content":"212E Decision whether to accept notice of significant variation\nvariation within 15 business days after the notice is given under\nsection 51(1) or (2) of the Act.\nregulation 41 (as applied by regulation 212C(5)) not to proceed with\n","sortOrder":225},{"sectionNumber":"212F","sectionType":"section","heading":"Grounds for refusal to accept notice of significant variation","content":"212F Grounds for refusal to accept notice of significant variation\nunder regulation 212E if the NT EPA considers that the notice:\n","sortOrder":226},{"sectionNumber":"212G","sectionType":"section","heading":"Notice to proponent of decision","content":"212G Notice to proponent of decision\n(1) The NT EPA must give notice of a decision under regulation 212E\nto the proponent.\n\nEnvironment Protection Regulations 2020 93\n(c) the name of the action or strategic proposal to which the\nnotice relates;\n(d) the nature of the significant variation.\n","sortOrder":227},{"sectionNumber":"212H","sectionType":"section","heading":"Publication of documents","content":"212H Publication of documents\n(2) If a notice of significant variation is accepted, the NT EPA must also\npublish the following as soon as practicable after the decision is\n(b) any direction given under regulation 212C;\ngiven under regulation 212C;\n(d) if the proponent has provided draft terms of reference under\nregulation 212D – the draft terms of reference and the\nstatement of reasons provided under that regulation.\n","sortOrder":228},{"sectionNumber":"212J","sectionType":"section","heading":"Public consultation","content":"212J Public consultation\n(1) If a notice of significant variation is accepted, the NT EPA must\n(a) advising where the documents mentioned in regulation 212H\n\nEnvironment Protection Regulations 2020 94\n(a) for a notice relating to a significant variation other than a\n(b) for a notice relating to a significant variation for which the\nregulation 212D – 30 business days after the date of the\nnotice.\n","sortOrder":229},{"sectionNumber":"212K","sectionType":"section","heading":"Consultation with government authorities","content":"212K Consultation with government authorities\nIf a notice of significant variation is accepted, the NT EPA must:\n(a) give a copy of the documents mentioned in regulation 212H to\nsubmission period specified in the notice under\nregulation 212J.\nSubdivision 3 Consideration after acceptance of notice of\n","sortOrder":230},{"sectionNumber":"212L","sectionType":"section","heading":"NT EPA to consider significant variation","content":"212L NT EPA to consider significant variation\nIf a notice of significant variation is accepted, the NT EPA must\nconsider whether an environmental impact assessment is required\nfor the significant variation.\n","sortOrder":231},{"sectionNumber":"212M","sectionType":"section","heading":"Matters NT EPA must consider in relation to significant","content":"212M Matters NT EPA must consider in relation to significant\nunder regulation 212N on a significant variation:\nregulation 212C;\n(c) any submissions received under regulation 212J or 212K;\n\nEnvironment Protection Regulations 2020 95\n(d) in the case of a significant variation of a non-assessed action\nor non-assessed strategic proposal:\n(i) the referral made under section 48 or 49 of the Act of the\naction or strategic proposal; and\n(ii) any additional information given to the NT EPA under\nregulation 40 in relation to the referral mentioned in\nsubparagraph (i); and\n(iii) any submissions received under regulation 52 or 53 in\nrelation to the referral mentioned in subparagraph (i);\n(e) the matters mentioned in subregulation (2) or (3), as the case\nrequires.\n(2) In assessing a significant variation of an EAA referred action to\ndetermine whether or not the variation requires an environmental\nimpact assessment, the NT EPA must consider the following:\nway from the impacts already identified in any assessment\nprocess under the Environmental Assessment Act 1982 for\nthe action;\noutput of the action in a way that significantly changes the\npotential significant impacts from those already identified in\nany assessment process under the Environmental\nAssessment Act 1982 for the action;\n(3) In assessing a significant variation of a non-assessed action or a\nnon-assessed strategic proposal to determine whether or not the\nvariation requires an environmental impact assessment, the NT\nway from the impacts already identified in relation to the action\nor strategic proposal referred under section 48 or 49 of the\nAct;\n\nEnvironment Protection Regulations 2020 96\noutput of an action in a way that significantly changes the\npotential significant impacts from those already identified in\nrelation to the action or strategic proposal referred under\nsection 48 or 49 of the Act;\n","sortOrder":232},{"sectionNumber":"212N","sectionType":"section","heading":"Decision on significant variation","content":"212N Decision on significant variation\n(1) The NT EPA may, in relation to a significant variation:\nrequired for the matters in the significant variation; or\n(i) that a standard assessment or strategic assessment is\nrequired; and\n(2) Regulations 59 and 60 apply (with any necessary changes) to the\ndecision on the method of environmental impact assessment.\n(3) A decision under subregulation (1) must be made within\n30 business days after the end of the submission period specified in\nthe notice under regulation 212J.\n(4) The required period for the NT EPA to make a decision under\nsubregulation (1) ceases to run during any period that the NT EPA\ncarries out a consultation under regulation 60.\n","sortOrder":233},{"sectionNumber":"212P","sectionType":"section","heading":"Notice to proponent of decision or recommendation","content":"212P Notice to proponent of decision or recommendation\n(a) notice of a decision under regulation 212N; and\n(2) The notice of decision and the statement of reasons must be given\nas soon as practicable after the decision is made.\n\nEnvironment Protection Regulations 2020 97\n","sortOrder":234},{"sectionNumber":"212Q","sectionType":"section","heading":"Notice of decision to be published","content":"212Q Notice of decision to be published\na decision is made under regulation 212N:\n","sortOrder":235},{"sectionNumber":"212R","sectionType":"section","heading":"Assessment for significant variation","content":"212R Assessment for significant variation\nregulation 212N(1)(b) that a standard assessment or strategic\nassessment is required for the matters in the significant variation.\n(2) Subject to subregulation (3), the NT EPA must carry out an\nenvironmental impact assessment of the significant variation.\n(3) Subject to regulations 212S and 212T, Parts 5 and 6 apply, with the\nnecessary changes, to the assessment of the significant variation\nas if:\n(a) the variation were a proposed action or strategic proposal, as\nthe case requires; and\n(b) in the case of the significant variation of an EAA referred\naction – a reference in Part 6 to an assessment report\nincludes an addendum to an existing assessment report under\n","sortOrder":236},{"sectionNumber":"212S","sectionType":"section","heading":"Environmental approval for significant variation if specified","content":"212S Environmental approval for significant variation if specified\nstatutory authorisation granted\nSubdivision, a statutory authorisation had been granted under any\nof the following Acts for the action or the actions under the strategic\nproposal:\n(a) Energy Pipelines Act 1981;\n(b) Mining Management Act 2001;\n(c) Petroleum Act 1984;\n(d) Planning Act 1999;\n(e) Waste Management and Pollution Control Act 1998.\n\nEnvironment Protection Regulations 2020 98\nvariation may only address the significant impacts that relate to the\nsignificant variation, which may include the cumulative impacts of\nthe action or actions, any changes to the action or actions and the\n","sortOrder":237},{"sectionNumber":"212T","sectionType":"section","heading":"Environmental approval for significant variation if other","content":"212T Environmental approval for significant variation if other\nstatutory authorisation granted\nSubdivision, a statutory authorisation other than a statutory\nauthorisation mentioned in section 212S had been granted under\nany Act for the action or the actions under the strategic proposal.\nvariation may address all significant impacts that are identified in\nrelation to the action or actions and the significant variation,\nincluding, in the case of a significant variation of an EAA referred\naction, any impacts assessed in the assessment of the action under\n","sortOrder":238},{"sectionNumber":"212U","sectionType":"section","heading":"Environmental approval for significant variation if statutory","content":"212U Environmental approval for significant variation if statutory\nauthorisation not required or not granted\nSubdivision, a statutory authorisation was not required or had not\nbeen granted under any Act for the action or the actions under the\nvariation may address all significant impacts that are identified in\nrelation to the action or actions and the significant variation,\nincluding, in the case of a significant variation of an EAA referred\naction, any impacts assessed in the assessment of the action under\n","sortOrder":239},{"sectionNumber":"212V","sectionType":"section","heading":"Application of Part 5 if draft terms of reference for variation","content":"212V Application of Part 5 if draft terms of reference for variation\n(a) the NT EPA has determined under regulation 212N or Part 4,\n","sortOrder":240},{"sectionNumber":"Div 3","sectionType":"division","heading":"that the assessment of a significant variation is to","content":"Division 3 that the assessment of a significant variation is to\nbe an assessment by environmental impact statement; and\npublished under regulation 212H.\n\nEnvironment Protection Regulations 2020 99\nand 100 to 104 do not apply to the terms of reference for the\n(3) After considering any submissions received under regulations 212J\nand 212K in relation to the draft terms of reference published under\nregulation 212H, the NT EPA may:\n(a) approve the draft terms of reference for the assessment of the\nsignificant variation; or\n(b) approve the draft terms of reference for the assessment of the\nsignificant variation with any changes the NT EPA considers\nappropriate; or\nperiod specified in the notice under regulation 212J.\nassessment under subregulation (3)(c), the NT EPA must prepare\n","sortOrder":241},{"sectionNumber":"212W","sectionType":"section","heading":"Consultation on draft environmental approval","content":"212W Consultation on draft environmental approval\n(1) This regulation applies to the preparation of a draft environmental\napproval under Part 6 (as applied by regulation 212R) for a\n(a) consult with the proponent on the proposed draft\nenvironmental approval; and\n(b) invite the proponent to make a submission to the NT EPA on\nthe matters on which the proponent is consulted.\nmay have a view on the draft environmental approval;\n\nEnvironment Protection Regulations 2020 100\n(ii) in relation to any conditions of the proposed draft\nenvironmental approval that relate to a potential health\nimpact of an action – the Chief Health Officer;\n(iii) in relation to any conditions of the proposed draft\nenvironmental approval that relate to a potential impact\nof an action on a social or cultural matter – the relevant\ngovernment authority; and\nsubmission on matters on which the entity is consulted.\nDivision 3 Process for referral of significant variation after\nenvironmental approval granted\n","sortOrder":242},{"sectionNumber":"213","sectionType":"section","heading":"Application of Division","content":"213 Application of Division\nThis Division applies if a proposed significant variation of an action\nis referred to the NT EPA under section 52 of the Act after the\nenvironmental approval for the action is granted.\nSubdivision 2 Initial consideration of referral of significant\n","sortOrder":243},{"sectionNumber":"214","sectionType":"section","heading":"Additional information about referral","content":"214 Additional information about referral\n(1) On receipt of a referral of a significant variation under section 52 of\nthe Act, the NT EPA may direct the approval holder to give it\nadditional information in relation to the referral within a specified\n(a) a material omission from the referral; and\n(b) required to enable the NT EPA to properly consider the\nreferral and whether the referral was required to be made.\n\nEnvironment Protection Regulations 2020 101\nreceives the referral.\nperiod for the NT EPA to make a decision on the referral under\nregulation 216, 217 or 218 ceases to run until the information is\ngiven.\nas if the referral of the significant variation were a referral of a\nproposed action or strategic proposal.\n","sortOrder":244},{"sectionNumber":"215","sectionType":"section","heading":"Approval holder initiated EIS referral","content":"215 Approval holder initiated EIS referral\nAn approval holder may include in a referral of a significant\nvariation under section 52 of the Act:\n(a) draft terms of reference for an assessment by environmental\nimpact statement for the significant variation; and\n(b) a statement of reasons why:\n(i) an assessment by environmental impact statement is\nrequired for the significant variation; and\n(ii) the draft terms of reference are appropriate.\n","sortOrder":245},{"sectionNumber":"216","sectionType":"section","heading":"Decision whether to accept referral for standard assessment","content":"216 Decision whether to accept referral for standard assessment\n(1) The NT EPA must accept or refuse to accept a referral of a\nsignificant variation under section 52 of the Act for a standard\nassessment if the environmental approval was granted on the basis\nof a standard assessment.\n15 business days after the referral is made.\n(3) If the NT EPA does not make a decision under subregulation (1)\nwithin the required period, the referral is taken to be accepted.\n(4) This regulation does not apply if the NT EPA decides under\nregulation 41 (as applied by regulation 214(5)) not to proceed with\nthe referral.\n","sortOrder":246},{"sectionNumber":"217","sectionType":"section","heading":"Decision whether to accept referral for strategic assessment","content":"217 Decision whether to accept referral for strategic assessment\n(1) The NT EPA may accept or refuse to accept a referral of a\nsignificant variation under section 52 of the Act for a strategic\nassessment if it considers it appropriate to do so.\n\nEnvironment Protection Regulations 2020 102\n15 business days after the referral is made.\nregulation 41 (as applied by regulation 214(5)) not to proceed with\nthe referral.\n","sortOrder":247},{"sectionNumber":"218","sectionType":"section","heading":"Decision on approval holder initiated EIS referral","content":"218 Decision on approval holder initiated EIS referral\nIf a referral of a significant variation includes the matters mentioned\nin regulation 215(a) and (b), the NT EPA may decide to accept the\nreferral as an approval holder initiated EIS referral.\n","sortOrder":248},{"sectionNumber":"219","sectionType":"section","heading":"General grounds for refusal to accept referral","content":"219 General grounds for refusal to accept referral\nThe NT EPA may refuse to accept a referral of a significant\nvariation under section 52 of the Act if the NT EPA considers that\nthe referral:\n(c) relates to part of a larger action proposed by the approval\nholder and information on the whole action is required to make\nan assessment decision; or\n(d) was not required to be made.\n","sortOrder":249},{"sectionNumber":"220","sectionType":"section","heading":"Ground for refusal to accept referral for strategic assessment","content":"220 Ground for refusal to accept referral for strategic assessment\n(1) Without limiting regulation 219, the NT EPA may refuse to accept a\nreferral of a significant variation for a strategic assessment if it\nconsiders that a standard assessment is more appropriate.\n(2) If the NT EPA refuses to accept a referral of a significant variation\nfor a strategic assessment, it may accept the referral as a referral\nfor a standard assessment.\n","sortOrder":250},{"sectionNumber":"221","sectionType":"section","heading":"Ground for refusal to accept referral as approval holder","content":"221 Ground for refusal to accept referral as approval holder\ninitiated EIS referral\n(1) Without limiting regulation 219 or 220, the NT EPA may refuse to\naccept a referral of a significant variation as an approval holder\ninitiated EIS referral if the NT EPA considers that an assessment by\nenvironmental impact statement is unlikely to be required for the\n\nEnvironment Protection Regulations 2020 103\n(2) If the NT EPA refuses to accept a referral of a significant variation\nas an approval holder initiated EIS referral, it may accept the\nreferral as a referral for a standard assessment or strategic\n","sortOrder":251},{"sectionNumber":"222","sectionType":"section","heading":"Notice to approval holder of decision","content":"222 Notice to approval holder of decision\n(1) The NT EPA must give notice of a decision under regulation 216,\n217 or 218 to the approval holder.\n(a) a statement that the referral of a significant variation has been\n(b) the name of the approval holder;\n(c) the name of the action or strategic proposal;\n(d) the nature of the proposed significant variation.\n(3) If the NT EPA refuses to accept a referral of a significant variation,\nthe NT EPA must give the approval holder a statement of reasons\nfor the decision.\nreferral of the significant variation, the statement of reasons must\nbe given to the approval holder as soon as practicable after the\ndecision is made.\n","sortOrder":252},{"sectionNumber":"223","sectionType":"section","heading":"Publication of documents","content":"223 Publication of documents\n(b) if the decision is to refuse to accept the referral – a statement\nof reasons for the decision.\n(2) If the referral is accepted, the NT EPA must also publish the\nfollowing as soon as practicable after the decision is made:\n(a) a copy of the referral of the significant variation;\n(b) any direction given under regulation 214;\ngiven under regulation 214;\n\nEnvironment Protection Regulations 2020 104\n(d) for an accepted approval holder initiated EIS referral – the\ndraft terms of reference and statement of reasons provided\nunder regulation 215.\n","sortOrder":253},{"sectionNumber":"224","sectionType":"section","heading":"Public consultation","content":"224 Public consultation\n(1) If a referral of a significant variation is accepted, the NT EPA must\n(a) advising where the documents mentioned in regulation 223\nEPA on the referral of the significant variation within the period\n(a) for a referral of a significant variation relating to a standard\nassessment that is not an accepted approval holder initiated\nEIS referral – 20 business days after the date of the notice; or\n(b) for a referral of a significant variation relating to a standard\nassessment that is an accepted approval holder initiated EIS\nreferral – 30 business days after the date of the notice; or\n(c) for a referral of a significant variation relating to a strategic\nassessment that is not an accepted approval holder initiated\nEIS referral – 30 business days after the date of the notice; or\n(d) for a referral of a significant variation relating to a strategic\nassessment that is an accepted approval holder initiated EIS\nreferral – 40 business days after the date of the notice.\n","sortOrder":254},{"sectionNumber":"225","sectionType":"section","heading":"Consultation with government authorities","content":"225 Consultation with government authorities\nIf a referral of a significant variation is accepted, the NT EPA must:\n(a) give a copy of the documents mentioned in regulation 223 to\nhave a view on the referral; and\nNT EPA about the referral within the submission period\nspecified in the notice under regulation 224.\n\nSubdivision 3 Consideration of accepted referral of significant variation\nEnvironment Protection Regulations 2020 105\nSubdivision 3 Consideration of accepted referral of significant\n226 Matters NT EPA must consider in relation to significant\nor recommendation under regulation 227:\n(a) the referral of the significant variation;\nregulation 214;\n(c) any submissions received under regulation 224 or 225;\n(2) In making a decision or recommendation under regulation 227, the\nNT EPA must consider the following:\n(a) whether the potential for significant impact on the environment\nof the significant variation differs in a material way from the\nimpacts identified in the environmental impact assessment\nthose identified in the environmental impact assessment\n","sortOrder":255},{"sectionNumber":"227","sectionType":"section","heading":"Decision or recommendation on significant variation","content":"227 Decision or recommendation on significant variation\n(1) The NT EPA must consider the significant variation and decide\nwhether:\n(a) the environmental impact of the variation can be managed\nthrough the existing conditions of the environmental approval;\nor\n(b) the environmental impact of the variation can be managed\nthrough amendments to the environmental approval; or\n\nSubdivision 3 Consideration of accepted referral of significant variation\nEnvironment Protection Regulations 2020 106\n(c) the environmental impacts of the variation are such that a new\nenvironmental impact assessment of the variation is required.\n(2) If the NT EPA decides that a new assessment is required for a\n(a) decide:\n(b) recommend to the Minister:\n(i) that the assessment of the significant variation be a\n(3) Regulations 59, 60 and 61 apply to the decision or recommendation\non the method of environmental impact assessment.\n(4) A decision or recommendation under subregulations (1) and (2)\nmust be made within 30 business days after the end of the\nsubmission period specified in the notice under regulation 224.\n(5) The required period for the NT EPA to make a decision or\nrecommendation under subregulation (1) or (2) ceases to run\nregulation 60 or 61.\n","sortOrder":256},{"sectionNumber":"228","sectionType":"section","heading":"Notice to approval holder of decision or recommendation","content":"228 Notice to approval holder of decision or recommendation\n(1) The NT EPA must give the approval holder:\n(a) notice of a decision or recommendation under regulation 227;\nand\n(b) a statement of reasons for the decision or recommendation.\nreasons must be given as soon as practicable after the decision or\nrecommendation is made.\n\nEnvironment Protection Regulations 2020 107\n229 Notice of decision or recommendation to be published\na decision or recommendation is made under regulation 227:\nSubdivision 4 Implementation of decision on accepted referral of\n230 Documents to be provided to Minister if environmental impact\nassessment not required\n(1) If the NT EPA makes a decision under regulation 227(1)(a), the NT\nEPA must prepare and provide to the Minister:\n(a) a statement setting out the decision; and\n(2) If the NT EPA makes a decision under regulation 227(1)(b), the NT\nEPA must prepare and provide to the Minister:\n(a) the following:\n(i) a statement setting out the decision;\n(ii) the statement of reasons for the decision; and\n(b) a draft amended environmental approval containing the\namendments recommended by the NT EPA.\n(3) The statements and the draft amended environmental approval\nmust be provided to the Minister within 30 business days after the\nrelevant decision is made under regulation 227.\nmentioned in subregulation (1) or (2) ceases to run during any\nregulation 233 in relation to the draft amended environmental\napproval.\n","sortOrder":257},{"sectionNumber":"231","sectionType":"section","heading":"New assessment for significant variation","content":"231 New assessment for significant variation\nregulation 227(1)(c) in relation to a significant variation.\n\nEnvironment Protection Regulations 2020 108\n(2) Subject to subregulations (3) and (4), the NT EPA must carry out an\nassessment of the significant variation.\n(3) If the NT EPA recommends to the Minister that the assessment of\nthe significant variation be a strategic assessment, Part 4,\nDivision 4 applies, with the necessary changes, as if the variation\nwere a strategic proposal.\n(4) Subject to regulation 232, Parts 5 and 6 apply, with the necessary\nchanges, to the assessment of the significant variation as if:\n(a) the variation were a proposed action or strategic proposal; and\n(b) any reference to the proponent were a reference to the\napproval holder.\n","sortOrder":258},{"sectionNumber":"232","sectionType":"section","heading":"Application of Part 5 if draft terms of reference for variation","content":"232 Application of Part 5 if draft terms of reference for variation\n(a) the NT EPA has determined under regulation 227(2) or Part 4,\nDivision 4 that the new assessment of a significant variation is\nto be an assessment by environmental impact statement; and\npublished under regulation 223.\nand 100 to 104 do not apply to the draft terms of reference for the\n(3) After considering any submissions received under regulations 224\nand 225 in relation to the draft terms of reference published under\nregulation 223, the NT EPA may:\nperiod specified in the notice under regulation 224.\n\nEnvironment Protection Regulations 2020 109\nassessment under subregulation (3), the NT EPA must prepare\n","sortOrder":259},{"sectionNumber":"233","sectionType":"section","heading":"Consultation on draft amended environmental approval","content":"233 Consultation on draft amended environmental approval\n(1) This regulation applies to the preparation of a draft amended\nenvironmental approval mentioned in regulation 230(2)(b).\n(a) consult with the approval holder on the amendments in the\ndraft amended environmental approval; and\n(b) invite the approval holder to make a submission to the NT\nEPA on the matters on which the approval holder is consulted.\nmay have a view on the amendments in the draft\namended environmental approval;\n(ii) in relation to any amendments in the draft amended\nenvironmental approval that affect or include conditions\nrelating to a potential health impact of an action – the\nChief Health Officer;\n(iii) in relation to any amendments in the draft amended\nenvironmental approval that affect or include conditions\nrelating to a potential impact of an action on a social or\ncultural matter – the relevant government authority; and\nsubmission on the matters on which the entity is consulted.\n\nEnvironment Protection Regulations 2020 110\nDivision 1 Risk criteria, standard conditions and conditions\ngenerally\n","sortOrder":260},{"sectionNumber":"233A","sectionType":"section","heading":"Purpose of Division","content":"233A Purpose of Division\nThis Division:\n(a) sets out processes for the following:\n(i) the declaration of risk criteria under section 124T of the\nAct;\n(ii) a review of risk criteria under section 124V of the Act;\n(iii) a review of standard conditions under section 124V of\nthe Act; and\n(b) prescribes matters for the conditions that may be imposed on\nan environmental (mining) licence under section 124X or 124Z\n","sortOrder":261},{"sectionNumber":"233B","sectionType":"section","heading":"Application of Subdivision","content":"233B Application of Subdivision\nThis Subdivision applies if the Minister proposes to declare risk\ncriteria for the environmental impacts or environmental risks of\nmining activities.\n","sortOrder":262},{"sectionNumber":"233C","sectionType":"section","heading":"Draft declaration to be prepared","content":"233C Draft declaration to be prepared\nThe Minister must prepare a draft declaration of the risk criteria.\n","sortOrder":263},{"sectionNumber":"233D","sectionType":"section","heading":"Public consultation","content":"233D Public consultation\nunder regulation 233C.\n\nEnvironment Protection Regulations 2020 111\n","sortOrder":264},{"sectionNumber":"233E","sectionType":"section","heading":"Decision on draft declaration","content":"233E Decision on draft declaration\ndraft declaration within the comment period specified in the notice\nunder regulation 233D.\n(a) to declare the risk criteria; or\n(b) to amend the draft risk criteria and declare the amended risk\ncriteria; or\n(c) not to declare the risk criteria.\n(3) The Minister must publish the decision on the declaration of risk\ncriteria together with a statement of reasons.\n(4) The decision and statement of reasons must be published:\n(a) for a decision specified in subregulation (2)(a) or (b) – with the\npublication of the declaration of risk criteria in accordance with\nsection 124T(4) of the Act; or\n(b) otherwise – as soon as practicable after the decision is made.\n","sortOrder":265},{"sectionNumber":"233F","sectionType":"section","heading":"Application of Subdivision","content":"233F Application of Subdivision\nThis Subdivision applies if the Minister conducts a review of the risk\ncriteria under section 124V of the Act.\n","sortOrder":266},{"sectionNumber":"233G","sectionType":"section","heading":"Public consultation","content":"233G Public consultation\n(1) The Minister must publish a notice of the review of the risk criteria.\n(2) The notice:\n(a) may include any proposed revised risk criteria; and\n\nEnvironment Protection Regulations 2020 112\n(b) must invite interested persons to make written comments to\nthe Minister on the risk criteria and any proposed revised risk\ncriteria within the period specified in the notice.\n","sortOrder":267},{"sectionNumber":"233H","sectionType":"section","heading":"Consultation with mining operators","content":"233H Consultation with mining operators\n(1) The Minister must make reasonable efforts to notify any mining\noperator whose environmental (mining) licence is subject to the risk\ncriteria of the proposal to review the risk criteria.\n(2) The notice:\n(a) may include any proposed revised risk criteria; and\n(b) must invite the mining operator to make written comments to\nthe Minister on the risk criteria and any proposed revised risk\ncriteria within the period specified in the notice.\n","sortOrder":268},{"sectionNumber":"233J","sectionType":"section","heading":"Decision on review of risk criteria","content":"233J Decision on review of risk criteria\nrisk criteria and any proposed revised risk criteria within the\ncomment period specified in the relevant notice under\nregulations 233G and 233H.\n(2) After considering the comments and completing the review, the\nMinister may decide:\n(a) if proposed revised risk criteria were published with the notice:\n(i) to accept the revised risk criteria; or\n(ii) to amend the revised risk criteria and accept the\namended risk criteria; or\n(iii) to develop new risk criteria; or\n(iv) not to amend the risk criteria; or\n(b) if proposed revised risk criteria were not published with the\nnotice:\n(i) to develop new risk criteria; or\n(ii) to amend the risk criteria; or\n\nEnvironment Protection Regulations 2020 113\n(iii) not to amend the risk criteria.\n","sortOrder":269},{"sectionNumber":"233K","sectionType":"section","heading":"Decision on review to be published","content":"233K Decision on review to be published\nThe Minister must publish the decision on a review of the risk\ncriteria together with a statement of reasons, as soon as practicable\nafter the decision is made.\n","sortOrder":270},{"sectionNumber":"233L","sectionType":"section","heading":"Public consultation on new or amended risk criteria","content":"233L Public consultation on new or amended risk criteria\n(1) If the Minister does not publish or provide proposed revised risk\ncriteria under regulations 233G and 233H, the Minister must publish\na notice of any proposed new or amended risk criteria before\nmaking a decision to accept the new or amended risk criteria.\n(2) Regulations 233G, 233H and 233J apply to the publication or\nprovision of the notice and the consideration of comments on the\nproposed new or amended risk criteria.\n","sortOrder":271},{"sectionNumber":"233M","sectionType":"section","heading":"Application of Subdivision","content":"233M Application of Subdivision\nThis Subdivision applies if the Minister conducts a review of the\nstandard conditions under section 124V of the Act.\n","sortOrder":272},{"sectionNumber":"233N","sectionType":"section","heading":"Consultation with mining operators","content":"233N Consultation with mining operators\n(1) The Minister must make reasonable efforts to notify any mining\noperator whose environmental (mining) licence is subject to the\nstandard conditions of the proposal to review the standard\nconditions.\n(a) include any proposed amendments to the standard conditions;\nand\n(b) invite the mining operator to make written comments to the\nMinister on the proposed amendments to the standard\nconditions within the period specified in the notice.\n","sortOrder":273},{"sectionNumber":"233P","sectionType":"section","heading":"Decision on proposed amendments to standard conditions","content":"233P Decision on proposed amendments to standard conditions\nproposed amendments to the standard conditions within the\ncomment period specified in the notice under regulation 233N.\n\nEnvironment Protection Regulations 2020 114\n(2) After considering the comments and completing the review, the\nMinister may decide:\n(a) to amend the standard conditions in accordance with the\nproposed amendments to the standard conditions; or\n(b) to amend the proposed amendments to the standard\nconditions and amend the standard conditions accordingly; or\n(c) not to amend the standard conditions.\n","sortOrder":274},{"sectionNumber":"233Q","sectionType":"section","heading":"Prescribed enactments","content":"233Q Prescribed enactments\nFor section 124Z of the Act, the following Acts are prescribed:\n(a) the Pastoral Land Act 1992;\n(b) the Planning Act 1999;\n(c) the Waste Management and Pollution Control Act 1998;\n(d) the Water Act 1992.\n233QA Prescribed requirements for conditions to manage\nenvironmental impacts\n(1) For section 124X(e) of the Act, conditions imposed on an\nenvironmental (mining) licence may require the mining operator to\nminimise and manage the environmental impacts of dewatering for\na mining activity.\ndewatering, for a mining activity, means the removal of water for\none or more of the following purposes:\n(a) facilitating access below ground level for the mining activity;\n(b) ensuring the serviceability and safety of operating conditions\nbelow ground level for the mining activity;\n(c) preventing or controlling pollution below ground level arising\nfrom the mining activity.\nExample for definition dewatering, paragraph (c)\nIntercepting contaminated seepage and plumes of polluted groundwater.\n\nEnvironment Protection Regulations 2020 115\n","sortOrder":275},{"sectionNumber":"233R","sectionType":"section","heading":"Substantial disturbance of mining site","content":"233R Substantial disturbance of mining site\n(1) For section 124L(2) of the Act, substantial disturbance of a mining\nsite includes any of the following:\n(a) land clearing;\n(b) earthworks, including cutting, filling, excavating or trenching;\n(c) aboveground works, including works for building roads,\nbuildings, bridges, railways or airstrips or works for\nestablishing conveyors, pipelines, telephone lines or power\nlines;\n(d) underground works, including works in connection with\ntunnels, wells, pipelines, conduits or cables;\n(e) waterworks, including works in connection with dams,\nimpoundments, canals or the drainage or alteration of river or\ncreek banks, water courses or shorelines;\n(f) extracting resources from the surface of the land,\nunderground, riverbeds or under the sea;\n(g) stockpiling ore, overburden, waste materials or by-products;\n(h) establishing seismic lines, drill pads, drill holes, grids, tracks or\ncosteans;\n(i) establishing a camp for the workers;\n(j) blasting;\n(k) active remote sensing and seismic techniques in water,\nincluding seismic surveys in the marine environment;\n(l) an activity that is likely to have a significant impact on flora or\nfauna.\n(2) For section 124L(2) of the Act, a seismic survey carried out in\nrelation to land other than in water or in the marine environment\ndoes not constitute substantial disturbance of a mining site if the\nsurvey does not involve land clearing or any other environmental\nimpact.\n\nSubdivision 2 Process for assessment of environmental (mining) licence\nEnvironment Protection Regulations 2020 116\nSubdivision 2 Process for assessment of environmental (mining)\nlicence\n233S Publication of documents\n(1) The Minister must publish the following as soon as practicable after\nan application for a modified condition licence or a tailored condition\nlicence is received:\n(a) the application for the environmental (mining) licence;\n(b) any additional information given in response to a direction\ngiven under section 124ZF of the Act.\n(2) Subregulation (1) does not apply if the application relates to a\nmining activity for which an environmental approval has been\ngranted or is required.\n(3) For this regulation, an application for a standard condition licence\nthat the Minister has determined, under section 124ZG(2) of the\nAct, to treat as an application for a modified condition licence or a\ntailored condition licence is taken to have been received on the\nmaking of that determination.\n","sortOrder":276},{"sectionNumber":"233T","sectionType":"section","heading":"Public consultation","content":"233T Public consultation\n(1) The Minister must publish notice of an application for an\nenvironmental (mining) licence published under regulation 233S.\n(a) state where a copy of the application and any additional\ninformation mentioned in regulation 233S(1)(b) may be\nMinister within the period specified in the notice on whether\nthe licence should be granted or refused.\n(3) The comment period must be not less than the prescribed period\n(4) The notice must be published as soon as practicable after the\napplication and any additional information are received.\n(4A) The required time under section 124ZM of the Act for the Minister to\ndecide the application for an environmental (mining) licence ceases\nto run during the period of any consultation required under this\n\nSubdivision 3 Process for publication of amendment of conditions of environmental (mining)\nlicence\nEnvironment Protection Regulations 2020 117\n(5) In subsection (3):\nprescribed period means:\n(a) for a modified condition licence:\n(i) for an exploration activity – 15 business days; and\n(ii) for extractive operations – 15 business days; and\n(iii) for mining operations – 25 business days; or\n(b) for a tailored condition licence:\n(i) for an exploration activity – 25 business days; and\n(ii) for extractive operations – 25 business days; and\n(iii) for mining operations – 30 business days.\n","sortOrder":277},{"sectionNumber":"233U","sectionType":"section","heading":"Assessment of application","content":"233U Assessment of application\nThe Minister must consider the following in assessing an\napplication for an environmental (mining) licence:\n(a) the application;\n(b) any information given to the Minister with the application;\n(c) any additional information given to the Minister under\nsection 124ZF of the Act;\n(d) if regulation 233T applies to the application – any submissions\nreceived under that regulation.\nSubdivision 3 Process for publication of amendment of\nconditions of environmental (mining) licence\n","sortOrder":278},{"sectionNumber":"233V","sectionType":"section","heading":"Publication of proposed or requested amendments","content":"233V Publication of proposed or requested amendments\nIf the Minister determines, under section 124ZS(3) of the Act, that\nproposed or requested amendments to an environmental (mining)\nlicence should be published, the Minister must publish the following\nas soon as practicable after making the determination:\n(a) any request for the amendments;\n(b) the proposed amendments.\n\n","sortOrder":279},{"sectionNumber":"Part 7B","sectionType":"part","heading":"Notice of entry to land to comply with specified condition","content":"Part 7B Notice of entry to land to comply with specified condition\nEnvironment Protection Regulations 2020 118\n","sortOrder":280},{"sectionNumber":"233W","sectionType":"section","heading":"Public consultation","content":"233W Public consultation\n(1) The Minister must publish notice of a request and proposed\namendments published under regulation 233V.\n(a) state where a copy of the request and the proposed\namendments may be inspected and obtained; and\nMinister on the proposed amendments within the period\n(3) The comment period must be not less than 20 business days after\n(4) The notice must be published as soon as practicable after the\napplication and any additional information are received.\nPart 7B Notice of entry to land to comply with specified\ncondition\n","sortOrder":281},{"sectionNumber":"233X","sectionType":"section","heading":"Information to be given in notice of entry to land","content":"233X Information to be given in notice of entry to land\nFor sections 124ZZZO(5) and 124ZZZP(5) of the Act, a notice\nunder section 124ZZZO(3)(b) or (4) or 124ZZZP(1), (3) or (4) of the\nAct must inform the owner or occupier of the land or the CEO or\nMining Minister (as the case requires) of the following:\n(a) the intention to enter the land or premises;\n(b) the name of each person who is to enter the land or premises;\n(c) the condition of the environmental approval or environmental\n(mining) licence that must be complied with;\n(d) the purpose of the entry and proposed works on the land or\npremises;\n(e) the days and times when the entry is to be made and the\nexpected duration of the proposed works;\n(f) the equipment, machinery or materials to be brought onto the\nland or premises;\n(g) the changes to infrastructure and the surrounding environment\nthat are expected as a result of the proposed works.\n\nPart 8 Environment protection bonds and mining securities\nEnvironment Protection Regulations 2020 119\nPart 8 Environment protection bonds and mining\nsecurities\n234 Claim on environment protection bond\n(1) For section 131(2) of the Act, if the Minister or the CEO intends to\nmake a claim on an environment protection bond, the Minister or\nCEO must give the approval holder a written notice including:\n(a) the reason for making the claim; and\n(b) the amount of the bond that is to be claimed.\n(2) The approval holder may make submissions to the Minister or the\nCEO, as the case requires, in relation to the matters in the notice\nwithin the period specified in the notice.\n(3) The submission period must be not less than 10 business days\n(4) The Minister or the CEO may make a claim on the environment\nprotection bond if the Minister or CEO has:\n(a) given the approval holder a notice under subregulation (1);\nand\n(b) considered any submission made by the approval holder\nwithin the submission period; and\n(c) notified the approval holder of the decision to make a claim on\nthe bond.\n(5) If the amount of bond is less than the reasonable costs and\nexpenses incurred by the Minister or the CEO to which the claim\napplies, the recovery of an amount of bond does not prevent the\nMinister or CEO from recovering the remaining costs and expenses\nfrom the approval holder.\n","sortOrder":282},{"sectionNumber":"234A","sectionType":"section","heading":"Claim on mining security","content":"234A Claim on mining security\n(1) For section 132E(2) of the Act, if the Minister or the CEO intends to\nmake a claim on a mining security, the Minister or CEO must give\nthe mining operator a written notice including:\n(a) the reason for making the claim; and\n(b) the amount of the security that is to be claimed.\n\nEnvironment Protection Regulations 2020 120\n(2) The mining operator may make submissions to the Minister or the\nCEO, as the case requires, in relation to the matters in the notice\nwithin the period specified in the notice.\n(3) The submission period must be not less than 10 business days\n(4) The Minister or the CEO may make a claim on the mining security if\nthe Minister or CEO has:\n(a) given the mining operator a notice under sub regulation (1);\nand\n(b) considered any submission made by the mining operator\nwithin the submission period under subsection (2); and\n(c) notified the mining operator of the decision to make a claim on\nthe security.\n(5) If the amount of the mining security is less than the reasonable\ncosts and expenses incurred by the Minister or the CEO to which\nthe claim applies, the recovery of an amount of mining security\ndoes not prevent the Minister or CEO from recovering the\nremaining costs and expenses from the mining operator.\n","sortOrder":283},{"sectionNumber":"Part 9","sectionType":"part","heading":"Registration of environmental auditors and","content":"Part 9 Registration of environmental auditors and\nenvironmental practitioners\n","sortOrder":284},{"sectionNumber":"235","sectionType":"section","heading":"Meaning of fit and proper person","content":"235 Meaning of fit and proper person\nIn determining under this Part whether a person is or is not a fit\nand proper person to be registered as an environmental auditor or\nan environmental practitioner, the CEO may have regard to:\n(a) whether there are reasonable grounds to believe that the\nperson:\n(i) has contravened a law of the Territory or another\njurisdiction that relates to the physical or biological\nenvironment, including matters relating to pollution,\nbiodiversity, natural resources, planning, development or\nwaste; or\n(ii) has contravened a law of the Territory or another\njurisdiction that relates to heritage, health or cultural\nmatters, including matters relating to sacred sites; or\n\nEnvironment Protection Regulations 2020 121\n(iii) has committed an offence against any law of the\nTerritory or another jurisdiction that involves an element\nof fraud or dishonesty; or\n(iv) has behaved or is likely to behave in a way that is\ninconsistent with the individual's duties as a registered\nenvironmental auditor or registered environmental\npractitioner; and\n(b) whether, in the CEO's opinion, the person is of good repute,\nhaving regard to character, honesty and integrity; and\n(c) any other matters the CEO considers relevant.\n","sortOrder":285},{"sectionNumber":"236","sectionType":"section","heading":"Determinations of CEO","content":"236 Determinations of CEO\n(1) For the purposes of this Part, the CEO may determine classes of\nenvironmental auditors and environmental practitioners.\n(2) The CEO may determine requirements and qualifications for\nregistration as:\n(a) an environmental auditor in a particular class; or\n(b) an environmental practitioner in a particular class.\n(3) The CEO may determine the kinds of environmental audit that a\nclass of registered environmental auditors is authorised to carry out.\n(4) The CEO may determine the kinds of environmental work that a\nclass of registered environmental practitioners is authorised to carry\nout.\n(5) The CEO must publish any determination under this regulation.\n","sortOrder":286},{"sectionNumber":"237","sectionType":"section","heading":"Application for registration","content":"237 Application for registration\n(1) An individual may apply for registration as an environmental auditor\nor an environmental practitioner.\n(2) An application for registration as an environmental auditor or an\nenvironmental practitioner must:\n(a) be made in the manner and form determined by the CEO; and\n(b) specify the class of registration applied for; and\n(c) contain the information required by the CEO; and\n\nEnvironment Protection Regulations 2020 122\n(d) be accompanied by the prescribed fee.\n(3) The CEO may, by written notice, require an applicant to give the\nCEO any further information the CEO requires to determine the\napplication.\n(4) The applicant must give the information within the period specified\n","sortOrder":287},{"sectionNumber":"238","sectionType":"section","heading":"Grant of registration as environmental auditor","content":"238 Grant of registration as environmental auditor\nThe CEO may grant a registration as an environmental auditor in a\nparticular class if the CEO is satisfied that the applicant:\n(a) meets the requirements and qualifications for registration as\nan environmental auditor in that class; and\n(c) has complied with the requirements of regulation 237.\n","sortOrder":288},{"sectionNumber":"239","sectionType":"section","heading":"Grant of registration as environmental practitioner","content":"239 Grant of registration as environmental practitioner\nThe CEO may grant a registration as an environmental practitioner\nin a particular class if the CEO is satisfied that the applicant:\n(a) meets the requirements and qualifications for registration as\nan environmental practitioner in that class; and\n(c) has complied with the requirements of regulation 237.\n","sortOrder":289},{"sectionNumber":"240","sectionType":"section","heading":"Show cause process","content":"240 Show cause process\n(1) The CEO must not make a decision to refuse to grant registration\nas an environmental auditor or an environmental practitioner under\nregulation 238 or 239 unless the CEO has first complied with this\napplicant:\n(a) stating the CEO's intention to refuse to grant registration; and\n(b) asking the applicant to show cause why the registration should\nbe granted.\napplicant may show cause.\n\nEnvironment Protection Regulations 2020 123\n(5) The CEO must consider any response given by the applicant to the\nshow cause notice in making a decision under regulation 238\nor 239.\n","sortOrder":290},{"sectionNumber":"241","sectionType":"section","heading":"Notice of registration","content":"241 Notice of registration\nIf the CEO grants registration as an environmental auditor or an\nenvironmental practitioner, the CEO must give the applicant written\nnotice of the following:\n(a) the grant of registration;\n(b) any conditions to which the registration is subject;\n(c) for registration as an environmental auditor – the kinds of\nenvironmental audit the registered environmental auditor is\nauthorised to carry out;\n(d) for registration as an environmental practitioner – the kinds of\nenvironmental work the registered environmental practitioner\nis authorised to carry out;\n(e) the period of registration.\n","sortOrder":291},{"sectionNumber":"242","sectionType":"section","heading":"Conditions of registration","content":"242 Conditions of registration\n(1) The CEO may impose conditions on the registration of an\nenvironmental auditor or an environmental practitioner:\n(a) on the grant or renewal of registration; or\n(b) at any time during the period of registration.\n(2) The CEO may at any time during the period of registration, by\nwritten notice to the environmental auditor or environmental\npractitioner, vary or revoke a condition of the registration.\n(3) An imposition, variation or revocation of a condition of registration\nduring the period of registration takes effect on the later of:\n(a) the date specified in the notice under subregulation (2); or\n(b) the date the written notice is given to the environmental\nauditor or environmental practitioner under subregulation (2).\n\nEnvironment Protection Regulations 2020 124\n","sortOrder":292},{"sectionNumber":"243","sectionType":"section","heading":"Application for renewal of registration","content":"243 Application for renewal of registration\n(1) A registered environmental auditor or registered environmental\npractitioner may apply to the CEO for renewal of registration.\n(2) An application for renewal of registration must:\n(a) be made in the manner and form determined by the CEO; and\n(b) contain the information required by the CEO; and\n(c) be made within any period determined by the CEO under\nsubregulation (3); and\n(d) be accompanied by the prescribed fee.\n(3) The CEO may determine the period within which applications for\nrenewal of registration must be made.\n(4) The CEO must publish a determination under subregulation (3).\n(5) The CEO may, by written notice, require the applicant to give the\nCEO any further information the CEO requires to determine the\napplication.\n(6) The applicant must give the information within the period specified\n","sortOrder":293},{"sectionNumber":"244","sectionType":"section","heading":"Grant of renewal of registration","content":"244 Grant of renewal of registration\nThe CEO may grant a renewal of registration as an environmental\nauditor or an environmental practitioner to an applicant if the CEO\nis satisfied that the applicant:\n(a) meets the requirements and qualifications for registration in\nthat class of environmental auditor or environmental\npractitioner, as the case requires; and\n(c) has complied with the requirements of regulation 243.\n","sortOrder":294},{"sectionNumber":"245","sectionType":"section","heading":"Show cause process","content":"245 Show cause process\n(1) The CEO must not make a decision to refuse to grant a renewal of\nregistration as an environmental auditor or environmental\npractitioner under regulation 244 unless the CEO has first complied\nwith this regulation.\n\nEnvironment Protection Regulations 2020 125\napplicant:\n(a) stating the CEO's intention to refuse to grant renewal of\nregistration; and\n(b) asking the applicant to show cause why the registration should\nbe renewed.\napplicant may show cause.\n(5) The CEO must consider any response given by the applicant to the\nshow cause notice in making a decision under regulation 244.\n","sortOrder":295},{"sectionNumber":"246","sectionType":"section","heading":"Notice of renewal of registration","content":"246 Notice of renewal of registration\nIf the CEO grants a renewal of registration, the CEO must give the\napplicant for renewal written notice of the following:\n(a) the grant of renewal of registration;\n(b) any conditions to which the renewed registration is subject;\n(c) for renewal of registration as an environmental auditor – the\nkinds of environmental audit the registered environmental\nauditor is authorised to carry out;\n(d) for renewal of registration as an environmental practitioner –\nthe kinds of environmental work the registered environmental\npractitioner is authorised to carry out;\n(e) the period of the renewed registration.\n","sortOrder":296},{"sectionNumber":"247","sectionType":"section","heading":"Suspension or revocation of registration","content":"247 Suspension or revocation of registration\n(1) The CEO may suspend or revoke the registration of a person as an\nenvironmental auditor or an environmental practitioner if:\n(a) the CEO is satisfied that the person does not meet the\nrequirements and qualifications for that registration; or\n(b) the CEO is satisfied that the individual is not a fit and proper\nperson to be registered as an environmental auditor or an\nenvironmental practitioner; or\n\nEnvironment Protection Regulations 2020 126\n(c) the person has contravened:\n(i) the Act; or\n(ii) the conditions or requirements of registration; or\n(d) the registration of the person as an environmental auditor or\nan environmental practitioner (however described) in another\njurisdiction has been suspended or revoked on a ground\nsimilar to a ground in this subregulation; or\n(e) the person gave false or misleading information in an\napplication for registration or renewal of registration as an\nenvironmental auditor or an environmental practitioner; or\n(f) the suspension or revocation of the registration is justified\nhaving regard to:\n(i) the quality of the person's work as an environmental\nauditor or an environmental practitioner; or\n(ii) any other matter the CEO considers relevant to the\nperson's suitability for registration.\n(2) The CEO may revoke the registration of an environmental auditor\nor environmental practitioner that is suspended.\n","sortOrder":297},{"sectionNumber":"248","sectionType":"section","heading":"Show cause process","content":"248 Show cause process\n(1) The CEO must not make a decision to suspend or revoke the\nregistration of a person as an environmental auditor or\nenvironmental practitioner under regulation 247 unless the CEO\nhas first complied with this regulation.\nregistered environmental auditor or registered environmental\npractitioner:\n(a) stating the CEO's intention to suspend or revoke the\nregistration; and\n(b) asking the registered environmental auditor or registered\nenvironmental practitioner to show cause why the registration\nshould not be suspended or revoked.\nregistered environmental auditor or registered environmental\npractitioner may show cause.\n\nEnvironment Protection Regulations 2020 127\n(5) The CEO must consider any response given by the registered\nenvironmental auditor or registered environmental practitioner to\nthe show cause notice in making a decision under regulation 247.\n","sortOrder":298},{"sectionNumber":"249","sectionType":"section","heading":"Notice of suspension","content":"249 Notice of suspension\n(1) If the CEO suspends the registration of a person as an\nenvironmental auditor or an environmental practitioner under\nregulation 247, the CEO must give written notice to the person that\nthe registration is suspended:\n(a) for a specified period; or\n(b) until conditions specified by the CEO are complied with; or\n(c) until further notice by the CEO.\n(2) A notice of a suspension under subregulation (1)(b) must state that\nthe person's registration will be reinstated as soon as practicable\nafter the person has complied with the specified conditions.\n","sortOrder":299},{"sectionNumber":"250","sectionType":"section","heading":"Notice of revocation","content":"250 Notice of revocation\nIf the CEO revokes the registration of a person as an environmental\nauditor or an environmental practitioner under regulation 247, the\nCEO must give written notice to the person of that revocation and\nthe reasons for the revocation.\n","sortOrder":300},{"sectionNumber":"251","sectionType":"section","heading":"When suspension or revocation has effect","content":"251 When suspension or revocation has effect\n(1) A suspension of registration has effect:\n(a) for the period specified by the CEO; or\n(b) for a suspension notified under regulation 249(1)(b) or (c) – for\nthe period beginning on the date of the notice and ending\nwhen the CEO notifies the environmental auditor or\nenvironmental practitioner that the registration has been\nreinstated.\n(2) A revocation of registration takes effect on the date specified in the\nnotice under regulation 250.\n\nEnvironment Protection Regulations 2020 128\nDivision 4 Review of decisions\n","sortOrder":301},{"sectionNumber":"252","sectionType":"section","heading":"Review by NTCAT","content":"252 Review by NTCAT\nFor section 277 of the Act and the Schedule to the Act, the\nreviewable decisions and affected persons set out in Schedule 1\nare prescribed.\n","sortOrder":302},{"sectionNumber":"253","sectionType":"section","heading":"Register of environmental auditors","content":"253 Register of environmental auditors\n(1) The CEO must maintain a public register of environmental auditors.\n(2) The register must:\n(a) identify each registered environmental auditor; and\n(b) specify for each registered environmental auditor:\n(i) the class of registration; and\n(ii) the kinds of environmental audit that the auditor is\nauthorised to carry out.\n(3) The CEO may adopt the register of environmental auditors\n(however described) of another jurisdiction to form part of the public\nregister of environmental auditors.\n(4) A person registered on a register adopted under subregulation (3)\nis taken to be an environmental auditor registered under this Part.\n(5) A person registered as an environmental auditor under the Waste\nManagement and Pollution Control Act 1998 is taken to be an\nenvironmental auditor registered under this Part.\n(6) If a person is taken to be registered as an environmental auditor\nunder subregulation (4) or (5), the registration of the person under\nthis Part:\n(a) is subject to any conditions imposed from time to time on the\nregistration of the person under the law of the other jurisdiction\nor under the Waste Management and Pollution Control\nAct 1998 (as the case requires); and\n(b) is taken to be suspended or revoked if the registration of the\nperson under the law of the other jurisdiction or under the\nWaste Management and Pollution Control Act 1998 is\nsuspended or revoked.\n\nEnvironment Protection Regulations 2020 129\n","sortOrder":303},{"sectionNumber":"254","sectionType":"section","heading":"Register of environmental practitioners","content":"254 Register of environmental practitioners\n(1) The CEO must maintain a public register of environmental\npractitioners.\n(2) The register must:\n(a) identify each registered environmental practitioner; and\n(b) specify for each registered environmental practitioner:\n(i) the class of registration; and\n(ii) the kinds of environmental work that the practitioner is\nauthorised to carry out.\n(3) The CEO may adopt the register of environmental practitioners\n(however described) of another jurisdiction to form part of the public\nregister of environmental practitioners.\n(4) A person registered on a register adopted under subregulation (3)\nis taken to be an environmental practitioner registered under this\nPart.\n(5) If a person is taken to be registered as an environmental\npractitioner under subregulation (4), the registration of the person\nunder this Part:\n(a) is subject to any conditions imposed from time to time on the\nregistration of the person under the law of the other\njurisdiction; and\n(b) is taken to be suspended or revoked if the registration of the\nperson under the law of the other jurisdiction is suspended or\nrevoked.\n","sortOrder":304},{"sectionNumber":"254A","sectionType":"section","heading":"Information to be provided in notice of entry to land","content":"254A Information to be provided in notice of entry to land\nFor sections 192B(5) and 192C(4) of the Act, a notice under\nsection 192B(3)(b) or (4) or 192C(1) or (3) of the Act must inform\nthe owner or occupier of the land or the CEO (as the case requires)\nof the following:\n(a) the intention to enter the land or premises;\n(b) the name of each person who is to enter the land or premises;\n\nEnvironment Protection Regulations 2020 130\n(c) the petroleum activity for which the environment protection\nnotice was issued;\n(d) in the case of a environment protection notice issued under\nsection 176(2) – the name of the high risk entity;\n(e) the purpose of the entry and proposed works on the land or\npremises;\n(f) the days and times when the entry is to be made and the\nexpected duration of the proposed works;\n(g) the equipment, machinery or materials to be brought onto the\nland or premises;\n(h) the changes to infrastructure and the surrounding environment\nthat are expected as a result of the proposed works.\n","sortOrder":305},{"sectionNumber":"254B","sectionType":"section","heading":"Prescribed Act, approval and direction","content":"254B Prescribed Act, approval and direction\n(1) For section 192L of the Act, definition prescribed Act, the\nPetroleum Act 1984 is prescribed.\n(2) For section 192L of the Act, definition prescribed approval,\nparagraph (b), the following are prescribed:\n(a) an approved environment management plan, see section 5(1)\nof the Petroleum Act 1984;\n(b) a well operations management plan approved under\nsection 61A of the Petroleum Act 1984;\n(c) a petroleum surface infrastructure plan approved under\nsection 61A of the Petroleum Act 1984.\n(3) For section 192L of the Act, definition prescribed direction,\nparagraph (c), the following are prescribed:\n(a) a direction given under section 71(1) of the Petroleum\nAct 1984;\n(b) a direction under section 77(1) of the Petroleum Act 1984;\n(c) a compliance direction issued under section 89N of the\nPetroleum Act 1984.\n\nEnvironment Protection Regulations 2020 131\n(4) For section 192L of the Act, definition prescribed environmental\nduty, a requirement provided for in a direction under section 77 of\nthe Petroleum Act 1984 is prescribed.\n","sortOrder":306},{"sectionNumber":"254C","sectionType":"section","heading":"Prescribed enactments for section 192N of Act","content":"254C Prescribed enactments for section 192N of Act\nFor section 192N(4)(c) of the Act, the following Acts are prescribed:\n(a) the Petroleum Act 1984;\n(b) the Native Title Act 1993 (Cth);\n(c) the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth);\n(d) the repealed Act as defined in section 5 of the Petroleum\nAct 1984 and continued by section 119 of that Act.\n","sortOrder":307},{"sectionNumber":"254D","sectionType":"section","heading":"Declaration under section 5F of the Corporations Act 2001","content":"254D Declaration under section 5F of the Corporations Act 2001\n(Cth)\nAny act or omission required by a compliance notice issued in the\ncircumstances set out in Part 9, Division 2A of the Act is declared to\nbe an excluded matter for the purposes of section 5F of the\nCorporations Act 2001 (Cth) in relation to the provisions of\n","sortOrder":308},{"sectionNumber":"Part 5","sectionType":"part","heading":"of that Act, otherwise than to the extent to which those","content":"Chapter 5 of that Act, otherwise than to the extent to which those\nprovisions would not prevent the carrying out of that act or\nomission.\nNotes for regulation 254D\n1 See section 192Y of the Act.\n2 Section 5F of the Corporations Act 2001 (Cth) provides that if a Territory law\ndeclares a matter to be an excluded matter for the purposes of that section in\nrelation to all or part of the Corporations legislation of the Commonwealth the\nprovisions that are the subject of the declaration will not apply in relation to\nthat matter in the Territory.\n","sortOrder":309},{"sectionNumber":"254E","sectionType":"section","heading":"Declaration under section 5G of the Corporations Act 2001","content":"254E Declaration under section 5G of the Corporations Act 2001\n(Cth)\n(1) The provisions of the Act specified in subregulation (2) are declared\nto be Corporations legislation displacement provisions for the\npurposes of section 5G of the Corporations Act 2001 (Cth) in\nrelation to the provisions of Chapter 5 of that Act.\n(2) For the purposes of subregulation (1), the following provisions of\nthe Act are specified:\n(a) section 176;\n(b) section 177;\n\nEnvironment Protection Regulations 2020 132\n(c) section 178;\n(d) section 179;\n(e) section 189;\n(f) section 191;\n(g) section 192;\n(h) the provisions of Part 9 Division 2A.\n(3) The provisions of the Petroleum Act 1984 specified in\nsubregulation (4) are declared to be Corporations legislation\ndisplacement provisions for the purposes of section 5G of the\nCorporations Act 2001 (Cth) in relation to the provisions of\nChapter 5 of that Act.\n(4) For the purposes of subregulation (3), the following provisions of\nthe Petroleum Act 1984 are specified:\n(a) section 71;\n(b) section 72;\n(c) section 77;\n(d) section 89N;\n(e) section 89Q;\nNotes for regulation 254E\n1 See section 192Z of the Act.\n2 Section 5G of the Corporations Act 2001 (Cth) provides that if a Territory law\ndeclares a provision of a Territory law to be a Corporations legislation\ndisplacement provision for the purposes of that section, any provision of the\nCorporations legislation with which the Territory provision would otherwise be\ninconsistent does not operate to the extent necessary to avoid the\ninconsistency.\n\nPart 10 Notice, recording and reporting of environmental incidents\nEnvironment Protection Regulations 2020 133\nPart 10 Notice, recording and reporting of\nenvironmental incidents\n255 Relevant information to be given\n(1) For Part 9, Division 8, Subdivision 2 of the Act, the relevant\ninformation about a notifiable incident required to be notified to the\nCEO consists of the following:\n(a) the time, date, nature, duration and location of the notifiable\nincident;\n(b) the location of the place where the environmental harm is\noccurring or is likely to occur;\n(c) the nature, the estimated quantity or volume and the\nconcentration of any pollution involved;\n(d) the circumstances in which the notifiable incident occurred\n(including the cause of the notifiable incident, if known);\n(e) the action taken or proposed to be taken to deal with the\nnotifiable incident and any resulting environmental harm, if\nknown.\n(2) The information required to be given by this regulation is the\ninformation known to the person notifying the notifiable incident\nwhen the notice is required to be given.\n(3) If the information required by subregulation (1)(c), (d) or (e) to be\nincluded in a notice of a notifiable incident is not known to that\nperson when the initial notification is made but becomes known\nafterwards, that information must be notified immediately after it\nbecomes known.\n(4) Subject to subregulation (5), a notice must be given in writing.\n(5) In an emergency, notice of a notifiable incident may be given by:\n(a) notifying the CEO orally of the required information; and\n(b) giving the CEO a written notice containing the required\ninformation within 24 hours after the oral notice is given.\n(6) A notice is given to the CEO if it is given to a person nominated by\nthe CEO under this regulation to receive notices on the CEO's\nbehalf.\n\nEnvironment Protection Regulations 2020 134\n(7) In this regulation:\npollution, see section 4(1) of the Waste Management and Pollution\nControl Act 1998.\nDivision 2 Recording and reporting of incidents\n","sortOrder":310},{"sectionNumber":"255A","sectionType":"section","heading":"Records of notifiable incidents","content":"255A Records of notifiable incidents\nFor section 229A(2) of the Act, a record of notifiable incidents must\ninclude the following information:\n(a) the time, date, nature and location of the incident;\n(b) the time and date the incident was notified to the Minister.\n","sortOrder":311},{"sectionNumber":"255B","sectionType":"section","heading":"Records of recordable incidents","content":"255B Records of recordable incidents\nFor section 229C(2) of the Act, a record of recordable incidents\nmust include the following information:\n(a) the time, date, nature and location of the recordable incident;\n(b) the circumstances in which the recordable incident occurred\n(including the cause of the incident, if known);\n(c) the action taken or proposed to be taken to deal with the\nrecordable incident and any resulting environmental harm;\n(d) the action taken or proposed to be taken to prevent similar\nincidents.\n","sortOrder":312},{"sectionNumber":"256","sectionType":"section","heading":"Infringement notice offence and prescribed amount payable","content":"256 Infringement notice offence and prescribed amount payable\n(1) An infringement notice offence is an offence against a provision\nspecified in Schedule 2.\n(2) The prescribed amount for an infringement notice offence (other\nthan an environmental offence) is the amount equal to the monetary\nvalue of the number of penalty units specified for the offence in\nSchedule 2.\nNote for regulation 256\nThe Environmental Penalties and Offences Act 1996 sets out the infringement\npenalties for environmental offences.\n\nEnvironment Protection Regulations 2020 135\n","sortOrder":313},{"sectionNumber":"257","sectionType":"section","heading":"When infringement notice may be given","content":"257 When infringement notice may be given\nIf an environmental officer believes on reasonable grounds a\nperson has committed an infringement notice offence, the\nenvironmental officer may give a notice (an infringement notice)\nto the person.\n","sortOrder":314},{"sectionNumber":"258","sectionType":"section","heading":"Contents of infringement notice","content":"258 Contents of infringement notice\n(1) The infringement notice must specify the following:\n(a) the name and address of the person, if known;\n(b) the date the infringement notice is given to the person;\n(c) the date and time of the infringement notice offence and the\nplace at which the infringement offence occurred;\n(d) a description of the offence;\n(e) for an environmental offence – the penalty payable in\naccordance with section 8 of the Environmental Offences and\nPenalties Act 1996;\n(f) for any other offence – the prescribed amount payable for the\noffence;\n(g) the enforcement agency, as defined in the Fines and Penalties\n(Recovery) Act 2001, to which the penalty or prescribed\namount is payable.\n(2) The infringement notice must include a statement to the effect of\n(a) the person may expiate the infringement notice offence and\navoid any further action in relation to the offence by paying the\nprescribed amount to the specified enforcement agency within\n28 days after the notice is given;\n(b) the person may elect under section 21 of the Fines and\nPenalties (Recovery) Act 2001 to have the matter dealt with by\na court instead of under that Act by completing a statement of\nelection and giving it to the specified enforcement agency;\n\nEnvironment Protection Regulations 2020 136\n(c) if the person does nothing in response to the notice,\nenforcement action may be taken under the Fines and\nPenalties (Recovery) Act 2001.\n(3) Also, the infringement notice must include an appropriate form for\nmaking the statement of election mentioned in subregulation (2)(b).\n","sortOrder":315},{"sectionNumber":"259","sectionType":"section","heading":"Electronic payment and payment by cheque","content":"259 Electronic payment and payment by cheque\n(1) If the person uses electronic means to pay the prescribed amount,\npayment is not effected until the amount is credited to the\nenforcement agency's bank account.\n(2) If the person tenders a cheque in payment of the prescribed\namount, payment is not effected unless the cheque is cleared on\nfirst presentation.\n","sortOrder":316},{"sectionNumber":"260","sectionType":"section","heading":"Withdrawal of infringement notice","content":"260 Withdrawal of infringement notice\n(1) The CEO may withdraw the infringement notice by written notice\ngiven to the person.\n(2) The notice must be given:\n(a) within 28 days after the infringement notice is given to the\nperson; and\n(b) before payment of the prescribed amount.\n","sortOrder":317},{"sectionNumber":"261","sectionType":"section","heading":"Application of Part","content":"261 Application of Part\n(1) This Part does not prejudice or affect the start or continuation of\nproceedings for an infringement notice offence for which an\ninfringement notice has been given unless the offence is expiated.\n(2) Also, this Part does not:\n(a) require an infringement notice to be given; or\n(b) affect the liability of a person to be prosecuted in a court for an\noffence for which an infringement notice has not been given;\nor\n(c) prevent more than one infringement notice for the same\noffence being given to a person.\n(3) If more than one infringement notice for the same offence has been\ngiven to a person, the person may expiate the offence by paying\nthe prescribed amount in accordance with any of the notices.\n\nEnvironment Protection Regulations 2020 137\n","sortOrder":318},{"sectionNumber":"262","sectionType":"section","heading":"Definition","content":"262 Definition\nreferral and assessment documents means:\n(a) a referral of a proposed action or strategic proposal to which\nPart 4 applies; or\n(b) a document required to be prepared by the proponent or\napproval holder under Part 5 or 7; or\n(c) a notice of significant variation under Part 7, Division 1 or 2; or\n(d) a referral of a significant variation under Part 7, Division 3; or\n(e) any information required to be provided by the proponent or\napproval holder to the NT EPA under Part 4, 5 or 7.\n","sortOrder":319},{"sectionNumber":"263","sectionType":"section","heading":"Document and information requirements","content":"263 Document and information requirements\n(1) The NT EPA may, by Gazette notice, determine requirements for:\n(a) the form and content of referral and assessment documents;\nand\n(b) referral or assessment documents to be prepared or certified\nby a registered environmental practitioner who is registered in\nrelation to environmental work of a kind specified in the\ndetermination.\n(2) A proponent or approval holder must comply with any applicable\nrequirements determined under subregulation (1).\n","sortOrder":320},{"sectionNumber":"264","sectionType":"section","heading":"Proponent or approval holder must consider objectives in","content":"264 Proponent or approval holder must consider objectives in\npreparing documents\nA proponent or approval holder must consider the environmental\nobjectives in preparing the following:\n(a) a referral of a proposed action or strategic proposal to which\nPart 4 applies;\n\nEnvironment Protection Regulations 2020 138\n(b) a notice of significant variation to which Part 7, Division 1, 2\nor 2A applies;\n(c) a referral of a significant variation to which Part 7, Division 3\napplies.\n","sortOrder":321},{"sectionNumber":"265","sectionType":"section","heading":"Form of submissions to NT EPA","content":"265 Form of submissions to NT EPA\nA submission to the NT EPA under these Regulations may be\n(a) in writing; or\n(b) orally in person or by audio or audio-visual communication or\nrecording; or\n(c) in any other manner approved by the NT EPA.\n","sortOrder":322},{"sectionNumber":"266","sectionType":"section","heading":"NT EPA to give copies of submissions to proponent or","content":"266 NT EPA to give copies of submissions to proponent or\nSubject to regulations 152, 268 and 269, the NT EPA must give a\nproponent or approval holder under an environmental impact\nassessment process:\n(a) a copy of all written submissions the NT EPA receives during\nthe environmental impact assessment process; and\n(b) a statement of the substance of each oral submission the NT\nEPA receives during the environmental impact assessment\nprocess.\n","sortOrder":323},{"sectionNumber":"267","sectionType":"section","heading":"Publication of submissions received during assessment","content":"267 Publication of submissions received during assessment\nSubject to regulations 152, 268 and 269, the NT EPA must publish\nall submissions it receives during an environmental impact\nassessment process as soon as practicable after they are received.\n","sortOrder":324},{"sectionNumber":"268","sectionType":"section","heading":"Publication relating to form response or petition","content":"268 Publication relating to form response or petition\n(1) If the NT EPA receives a number of submissions in the form of a\nform response prepared by a body or organisation, it is sufficient for\nthe NT EPA to publish:\n(a) at least one of the submissions or the substance of one of the\nsubmissions; and\n\nEnvironment Protection Regulations 2020 139\n(b) the total number of submissions received.\n(2) If the NT EPA receives a submission in the form of a petition, it is\nsufficient for the NT EPA to publish:\n(a) the substance or intent of the petition; and\n(b) the total number of persons who signed the petition.\n","sortOrder":325},{"sectionNumber":"269","sectionType":"section","heading":"Request not to publish submission","content":"269 Request not to publish submission\n(1) A person making a submission, other than the proponent or a\nperson acting on behalf of the proponent, may request that the\nsubmission or part of the submission not be published.\nNote for subregulation (1)\nSection 281 of the Act empowers the proponent to request that identified\ninformation provided by the proponent not be made public on the basis that it is\ncommercial-in-confidence or for other specified reasons.\n(2) On receipt of a request under subregulation (1), the NT EPA may:\n(a) withhold the submission or part of the submission from\npublication; or\n(b) remove any identifying information from the submission before\npublication.\n(3) The NT EPA may remove identifying information from any copy of a\nsubmission required to be given to the proponent under this\nSubdivision.\n(4) The NT EPA must remove identifying information from any copy of\na submission required to be given to the proponent under this\nSubdivision if a request is made under subregulation (1).\n","sortOrder":326},{"sectionNumber":"269A","sectionType":"section","heading":"Definition","content":"269A Definition\nenvironmental (mining) licence matter means:\n(a) an application for an environmental (mining) licence published\nunder regulation 233S; or\n(b) a proposed amendment of an environmental (mining) licence\npublished under regulation 233V.\n\nEnvironment Protection Regulations 2020 140\n","sortOrder":327},{"sectionNumber":"269B","sectionType":"section","heading":"Form of submissions to Minister","content":"269B Form of submissions to Minister\nA submission to the Minister under these regulations in relation to\nan environmental (mining) licence matter may be made:\n(a) in writing; or\n(b) orally in person or by audio or audio-visual communication or\nrecording; or\n(c) in any other manner approved by the Minister.\n","sortOrder":328},{"sectionNumber":"269C","sectionType":"section","heading":"Minister to give copies of submissions to mining operator","content":"269C Minister to give copies of submissions to mining operator\nSubject to regulations 269E and 269F, the Minister must give the\nmining operator:\n(a) a copy of all written submissions the Minister receives in\nrelation to an environmental (mining) licence matter that\naffects the mining operator; and\n(b) a statement of the substance of each oral submission the\nMinister receives in relation to an environmental (mining)\nlicence matter that affects the mining operator.\n","sortOrder":329},{"sectionNumber":"269D","sectionType":"section","heading":"Publication of submissions received during assessment","content":"269D Publication of submissions received during assessment\nSubject to regulations 269E and 269F, the Minister must publish all\nsubmissions the Minister receives in relation to an environmental\n(mining) licence matter as soon as practicable after they are\nreceived.\n","sortOrder":330},{"sectionNumber":"269E","sectionType":"section","heading":"Publication relating to form response or petition","content":"269E Publication relating to form response or petition\n(1) If the Minister receives a number of submissions in the form of a\nform response prepared by a body or organisation, it is sufficient for\nthe Minister to publish:\n(a) at least one of the submissions or the substance of one of the\nsubmissions; and\n(b) the total number of submissions received.\n(2) If the Minister receives a submission in the form of a petition, it is\nsufficient for the Minister to publish:\n(a) the substance or intent of the petition; and\n(b) the total number of persons who signed the petition.\n\nEnvironment Protection Regulations 2020 141\n","sortOrder":331},{"sectionNumber":"269F","sectionType":"section","heading":"Request not to publish submission","content":"269F Request not to publish submission\n(1) A person making a submission, other than the mining operator\nwho is affected by the environmental (mining) licence matter or a\nperson acting on behalf of the mining operator, may request that\nthe submission or part of the submission not be published.\nNote for subregulation (1)\nSection 281 of the Act empowers the mining operator to request that identified\ninformation given by the mining operator not be made public on the basis that it is\nconfidential information or for other specified reasons.\n(2) On receipt of a request under subregulation (1), the Minister may:\n(a) withhold the submission or part of the submission from\npublication; or\n(b) remove any identifying information from the submission before\npublication.\n(3) The Minister may remove identifying information from any copy of a\nsubmission required to be given to the mining operator under this\nSubdivision.\n(4) The Minister must remove identifying information from any copy of\na submission required to be given to the mining operator under this\nSubdivision if a request is made under subregulation (1).\n","sortOrder":332},{"sectionNumber":"270","sectionType":"section","heading":"Prescribed documents","content":"270 Prescribed documents\nFor section 153 of the Act, the following documents are prescribed:\n(a) any direction to carry out an environmental audit under\nsection 142 of the Act;\n(b) any amendment to a direction under section 142 of the Act\nthat changes the scope of the audit;\n(c) the environmental audit report under section 144 of the Act;\n(d) an authorisation under section 147 of the Act;\n(e) the declarations required under section 150 of the Act;\n(f) a document detailing:\n(i) any sampling or monitoring program conducted for the\npurposes of undertaking the environmental audit; and\n\n","sortOrder":333},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Extension of specified period for proponent or approval holder","content":"Subdivision 1 Extension of specified period for proponent or approval holder\nEnvironment Protection Regulations 2020 142\n(ii) the results of any sampling, monitoring or analysis;\n(g) any monitoring, remediation or management plans (however\ndescribed) prepared in response to the recommendations\ncontained in the environmental audit report.\nSubdivision 4 Confidential information\n","sortOrder":334},{"sectionNumber":"271","sectionType":"section","heading":"Confidential information","content":"271 Confidential information\nFor section 281 of the Act, an application must be in the approved\nform.\n","sortOrder":335},{"sectionNumber":"Div 1A","sectionType":"division","heading":"Environmental offsets – prescribed enactment","content":"Division 1A Environmental offsets – prescribed enactment\n","sortOrder":336},{"sectionNumber":"271A","sectionType":"section","heading":"Environmental offsets framework and guidelines – prescribed","content":"271A Environmental offsets framework and guidelines – prescribed\nenactment\nFor section 125 of the Act, the Petroleum Act 1984 is prescribed.\nDivision 2 Specified periods and extensions of specified\nperiods\nSubdivision 1 Extension of specified period for proponent or\n272 Definition\nspecified period means:\n(a) an assessment period specified under regulation 99; or\n(b) any other specified period within which a proponent or\napproval holder is required under these Regulations to\nprepare a document or information or provide a document or\ninformation to the NT EPA.\n","sortOrder":337},{"sectionNumber":"273","sectionType":"section","heading":"Application for extension of specified period","content":"273 Application for extension of specified period\nThe proponent or approval holder may apply to the NT EPA for an\nextension of a specified period.\n","sortOrder":338},{"sectionNumber":"274","sectionType":"section","heading":"Decision on application for extension","content":"274 Decision on application for extension\n(1) On an application under regulation 273, the NT EPA may:\n(a) extend the specified period for the period applied for; or\n\nSubdivision 1 Extension of specified period for proponent or approval holder\nEnvironment Protection Regulations 2020 143\n(b) extend the specified period for a period determined by the NT\nEPA; or\n(c) refuse to extend the specified period.\n(2) The NT EPA may extend an assessment period under\nsubregulation (1):\n(a) with the same terms of reference; or\n(b) if a ground in regulation 107 applies – with amended terms of\nreference.\n(3) The NT EPA must make a decision under subregulation (1) within\nregulation 273.\n(4) The NT EPA may only extend a specified period under this\nthe period is:\n(a) necessary to meet the objects of the Act; and\n(b) in the case of a period relating to an environmental impact\nassessment process – consistent with the purpose of the\nassessment process under section 42 of the Act.\n(5) The NT EPA must not unreasonably refuse to extend the specified\n(6) If, under this regulation, the NT EPA extends a specified period,\nthat specified period as extended is taken to be that specified\nperiod under these Regulations.\n(7) Part 5, Division 3, Subdivision 2 applies to an amendment of the\nterms of reference mentioned in subregulation (2)(b) as if a\nreference to a decision under regulation 107 were a reference to a\ndecision under subregulation (1).\n(8) The extension of a specified period does not prevent the NT EPA\nfrom terminating an environmental impact assessment process\nunder regulation 92, but the NT EPA must take the extension into\naccount in considering whether to terminate the assessment\nprocess.\n","sortOrder":339},{"sectionNumber":"275","sectionType":"section","heading":"Statement of reasons","content":"275 Statement of reasons\nThe NT EPA must prepare a statement of reasons for a decision\nunder regulation 274.\n\nEnvironment Protection Regulations 2020 144\n","sortOrder":340},{"sectionNumber":"276","sectionType":"section","heading":"Notice to proponent or approval holder of decision","content":"276 Notice to proponent or approval holder of decision\n(1) The NT EPA must give the proponent or approval holder:\n(a) notice of a decision under regulation 274; and\n(3) If the specified period is extended under regulation 274, the notice\n","sortOrder":341},{"sectionNumber":"277","sectionType":"section","heading":"Notice of decision","content":"277 Notice of decision\nthe decision is made under regulation 274:\n","sortOrder":342},{"sectionNumber":"277A","sectionType":"section","heading":"Definition","content":"277A Definition\nsubmission period means any period specified under the Act or\nthese Regulations for making submissions to the NT EPA.\n","sortOrder":343},{"sectionNumber":"277B","sectionType":"section","heading":"Application for extension of submission period","content":"277B Application for extension of submission period\nThe proponent or approval holder or a transferee may apply to the\nNT EPA for an extension of a submission period.\n","sortOrder":344},{"sectionNumber":"277C","sectionType":"section","heading":"Decision on application for extension","content":"277C Decision on application for extension\n(1) On an application under regulation 277B, the NT EPA, after\nconsulting with the applicant, may:\n(a) extend the submission period for the period applied for; or\n(b) extend the submission period for a period determined by the\nNT EPA; or\n(c) refuse to extend the submission period.\n\nEnvironment Protection Regulations 2020 145\nregulation 277B.\n(3) The NT EPA may only extend a submission period under this\nthe period is necessary to meet the objects of the Act.\n(4) The NT EPA must not unreasonably refuse to extend the\n(5) If, under this regulation, the NT EPA extends a submission period,\nthe submission period as extended is taken to be the submission\nperiod under the Act and these Regulations.\n","sortOrder":345},{"sectionNumber":"277D","sectionType":"section","heading":"Statement of reasons","content":"277D Statement of reasons\nThe NT EPA must prepare a statement of reasons for a decision\nunder regulation 277C.\n","sortOrder":346},{"sectionNumber":"277E","sectionType":"section","heading":"Notice to proponent or approval holder of decision","content":"277E Notice to proponent or approval holder of decision\n(1) The NT EPA must give the applicant:\n(a) notice of a decision under regulation 277C; and\n(3) If the specified period is extended under regulation 277C, the notice\n","sortOrder":347},{"sectionNumber":"277F","sectionType":"section","heading":"Notice of decision","content":"277F Notice of decision\nthe decision is made under regulation 277C:\n","sortOrder":348},{"sectionNumber":"278","sectionType":"section","heading":"Extension of period for NT EPA or inquiry panel to do thing","content":"278 Extension of period for NT EPA or inquiry panel to do thing\n(1) This regulation applies if the NT EPA or an inquiry panel is required\nunder these Regulations to make a decision or to do another thing\nwithin a specified period.\n\nSubdivision 3 Extension of specified period under Part 5A of Act for mining operator or\ntransferee\nEnvironment Protection Regulations 2020 146\n(2) The NT EPA, after consulting the proponent or approval holder,\nmay extend the specified period.\n(3) The NT EPA may only extend a specified period under this\nthe specified period is:\n(a) necessary to meet the objects of the Act; and\n(b) in the case of a period relating to an environmental impact\nassessment process – consistent with the purpose of the\nassessment process under section 42 of the Act.\n(4) The NT EPA may only extend the period for giving a direction under\nregulation 40, 164, 194 or 214 to a period of 15 business days after\nthe NT EPA receives the referral or the notice of significant\nvariation or referral of a significant variation (as the case requires).\n(5) If, under this regulation, the NT EPA extends a specified period to\nmake a decision or do another thing, that specified period as\nextended is taken to be the specified period under these\nRegulations to make the decision or do the thing.\n","sortOrder":349},{"sectionNumber":"279","sectionType":"section","heading":"Failure of NT EPA to make decision or give direction within","content":"279 Failure of NT EPA to make decision or give direction within\nspecified time\nA failure of the NT EPA to make a decision or give a direction under\nthese Regulations within a specified time does not invalidate the\ndecision or direction.\nSubdivision 3 Extension of specified period under Part 5A of Act\nfor mining operator or transferee\n","sortOrder":350},{"sectionNumber":"279A","sectionType":"section","heading":"Definition","content":"279A Definition\nspecified period means any period within which a mining operator\nor a transferee of an environmental (mining) licence is required\nunder Part 5A of the Act to prepare a document or information or\ngive a document or information to the Minister.\n","sortOrder":351},{"sectionNumber":"279B","sectionType":"section","heading":"Application for extension of specified period","content":"279B Application for extension of specified period\nThe mining operator or transferee may apply to the Minister for an\nextension of a specified period.\n\nSubdivision 3 Extension of specified period under Part 5A of Act for mining operator or\ntransferee\nEnvironment Protection Regulations 2020 147\n","sortOrder":352},{"sectionNumber":"279C","sectionType":"section","heading":"Decision on application for extension","content":"279C Decision on application for extension\n(1) On an application under regulation 279B, the Minister, after\nconsulting with the applicant, may:\n(a) extend the specified period for the period applied for; or\n(b) extend the specified period for a period determined by the\nMinister; or\n(c) refuse to extend the specified period.\n(2) The Minister must make a decision under subregulation (1) within\nregulation 279B.\n(3) The Minister may only extend a specified period under this\nregulation if the Minister reasonably considers that the extension of\nthe period is necessary to meet the objects of the Act.\n(4) The Minister must not unreasonably refuse to extend the specified\n","sortOrder":353},{"sectionNumber":"279D","sectionType":"section","heading":"Statement of reasons","content":"279D Statement of reasons\nThe Minister must prepare a statement of reasons for a decision\nunder regulation 279C.\n","sortOrder":354},{"sectionNumber":"279E","sectionType":"section","heading":"Notice to mining operator or transferee of decision","content":"279E Notice to mining operator or transferee of decision\n(1) The Minister must give the mining operator or transferee:\n(a) notice of a decision under regulation 279C; and\n(3) If the specified period is extended under regulation 279C, the notice\n","sortOrder":355},{"sectionNumber":"279F","sectionType":"section","heading":"Notice of decision","content":"279F Notice of decision\nThe Minister must publish the following as soon as practicable after\nthe decision is made under regulation 279C:\n\nEnvironment Protection Regulations 2020 148\nSubdivision 4 Required period for Minister to do thing under\nPart 5A of Act\n279G Extension of period for Minister to do thing under Part 5A\n(1) This regulation applies if the Minister is required, under Part 5A of\nthe Act, to make a decision or to do another thing within a specified\n(2) The Minister, after consulting the mining operator or transferee of\nan environmental (mining) licence (as the case requires), may\nextend the specified period.\n(3) The Minister may only extend a specified period under this\nregulation if the Minister reasonably considers that the extension of\nthe specified period is necessary to meet the objects of the Act.\n","sortOrder":356},{"sectionNumber":"280","sectionType":"section","heading":"Recovery of costs","content":"280 Recovery of costs\n(1) The CEO may recover from the proponent or the approval holder\n(as the case requires):\n(a) the costs of the engagement by the NT EPA of a person or\nbody under regulation 86 to give advice in relation to an\nenvironmental impact assessment process; and\n(b) the costs of an inquiry panel in relation to an environmental\nimpact assessment process; and\n(c) any other costs (including notification and publication costs)\nincurred by the NT EPA for and during an environmental\nimpact assessment process.\n(2) The CEO may recover the costs as a debt payable to the Territory.\n(3) The NT EPA may suspend an environmental impact assessment\nprocess under these Regulations during any period that an amount\ndue under subregulation (1) in relation to that assessment remains\nunpaid.\n(4) The required period for the NT EPA to take any step during an\nenvironmental impact assessment process ceases to run during a\nsuspension under subregulation (3).\n(5) The NT EPA must recommence the environmental impact\nassessment process, suspended under subregulation (3), within\n2 business days after the amount due under subregulation (1) is\npaid.\n\nEnvironment Protection Regulations 2020 149\n","sortOrder":357},{"sectionNumber":"281","sectionType":"section","heading":"Fees and charges not refunded","content":"281 Fees and charges not refunded\nIf an environmental impact assessment process is terminated under\nthese Regulations or the proponent or approval holder withdraws\nfrom the assessment process:\n(a) any fees or charges paid are not refundable; and\n(b) any outstanding fees and charges may be recovered by the\nCEO as a debt payable to the Territory.\n","sortOrder":358},{"sectionNumber":"282","sectionType":"section","heading":"Public register","content":"282 Public register\n(1) For section 284(3) of the Act, the CEO must include the following\ninformation in the public register:\n(a) all information provided by the proponent or the approval\nholder to the NT EPA during an environmental impact\nassessment process;\n(b) any reports or other information obtained by the NT EPA in\naccordance with regulation 86;\n(c) any assessment report prepared by the NT EPA under Part 6\nof these Regulations;\n(d) any call-in notice given by the NT EPA under section 53 of the\nAct;\n(e) any stop work notice issued by the NT EPA under section 194\nof the Act;\n(f) any environmental approval granted by the Minister under the\nAct;\n(g) any statement of unacceptable impact accepted by the\nMinister under the Act;\n(h) any statement of reasons for a decision made by the Minister,\nCEO or NT EPA under the Act;\n(i) any report submitted by an approval holder under an\nenvironmental approval;\n(ia) any environment protection bond provided by an approval\nholder under an environmental approval, including:\n(i) details of the site to which the approval applies; and\n\nEnvironment Protection Regulations 2020 150\n(ii) the name of the approval holder; and\n(iii) details of the environmental approval; and\n(iv) the amount of environment protection bond held;\n(ib) any environmental (mining) licence granted by the Minister\nunder the Act;\n(ic) any transfer of an environmental (mining) licence under the\nAct;\n(id) any plan or report submitted to the Minister or the CEO by a\nmining operator under the Act or an environmental (mining)\nlicence;\n(ie) any mining security provided by a mining operator under an\nenvironmental (mining) licence, including:\n(i) details of the site to which the environmental (mining)\nlicence applies; and\n(ii) the name of the mining operator; and\n(iii) details of the environmental (mining) licence; and\n(iv) the amount of mining security held;\n(j) any report of an environmental audit provided under the Act;\n(k) any environment protection notice issued under Part 9,\nDivision 2 of the Act except an emergency environment\nprotection notice issued under section 182 or 183 of the Act;\n(l) any monitoring and management notice issued under Part 9,\nDivision 4 of the Act;\n(m) any action closure certificate issued under Part 9, Division 5\nSubdivision 1 of the Act;\n(ma) any mining closure certificate issued under Part 9, Division 5\nSubdivision 2 of the Act;\n(n) any emergency authorisation issued by the CEO under\nsection 223 of the Act;\n(o) any incident notified under section 225 of the Act.\n(2) Subregulation (1) does not apply to any confidential information\nwithheld from publication under section 282 of the Act or these\nRegulations.\n\nEnvironment Protection Regulations 2020 151\n(3) The CEO may remove an environmental (mining) licence from the\npublic register if the licence has been revoked or cancelled under\nthe Act.\n\n","sortOrder":359},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Reviewable decisions and affected persons","content":"Schedule 1 Reviewable decisions and affected persons\nEnvironment Protection Regulations 2020 152\nSchedule 1 Reviewable decisions and affected persons\nregulation 252\nReviewable decision Affected person\nA decision of the CEO to refuse an\napplication for registration as an\nregulation 238 or 239\nThe applicant for registration\nA decision of the CEO to impose or\nvary a condition of registration as an\nregulation 242\nThe person on whose registration\nthe condition is imposed\nA decision of the CEO to refuse to\nrenew a registration as an\nregulation 244\nThe applicant for renewal of\nregistration\nA decision of the CEO to suspend a\nregistration as an environmental\nauditor or an environmental\npractitioner under regulation 247\nThe person whose registration is\nsuspended\nA decision of the CEO to revoke a\nregistration as an environmental\nauditor or an environmental\npractitioner under regulation 247\nThe person whose registration is\nrevoked\n\n","sortOrder":360},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Infringement notice offences and prescribed amounts","content":"Schedule 2 Infringement notice offences and prescribed amounts\nEnvironment Protection Regulations 2020 153\nSchedule 2 Infringement notice offences and prescribed\namounts\nregulation 256(1) and (2)\nEnvironment Protection Act 2019\nEnvironmental offences\nsections 34(4) and (5), 40(4), 41(4), 89(4), 117(4), 124J(4) and (5),\n124ZZW(4), 124ZZX(4), 124ZZY(2), 124ZZZA(3), (4) and (5), 124ZZZM(5),\n145(1), 151(2), 154(2), 191(4), 198(4), 208(1), 228(3) and (4), 229F(1),\n244A(1), 259A(4) and (5) and 283H(2)\nOther offences\nProvision Prescribed amount in penalty units\nfor individual for body corporate\nsection 229E(1)\nsections 54(1),\n124ZZJ(2), 124ZZZC(1),\n155(1), 157(1), 173(1)\nand 229E(2)\nsections 124ZZZU,\n146(1) and 192H(1)\n10 50\nsections 169(1), 189(1),\n206(1) and 287(1)\n2 10\n\nEnvironment Protection Regulations 2020 154\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nEnvironment Protection Regulations 2020 (SL No. 6, 2020)\nNotified 15 April 2020\nCommenced 28 June 2020 (r 2, s 2 Environment Protection Act 2019 (Act\nNo. 31, 2019) and Gaz G17, 29 April 2020, p 2)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nEnvironment Protection Legislation Amendment (Chain of Responsibility) Act 2022\n(Act No. 32, 2022)\nAssent date 16 December 2022\nCommenced 1 March 2024 (Gaz G4, 15 February 2024, p 1)\nAmending Legislation\nEnvironment Protection Legislation Amendment Act 2023 (Act No. 34, 2023)\nAssent date 6 December 2023\nCommenced pt 1, pt 3, div 1, ss 207 and 219 and\npt 5: 7 December 2023 (s 2(1)); pt 3, div 2:\n1 March 2024 (s 2(2), s 2 Environment Protection\nLegislation Amendment (Chain of Responsibility)\nAct 2022 (Act No. 32, 2022) and (Gaz G4,\n15 February 2024, p 1); pt 4: 1 July 2024 (Gaz G4,\n15 February 2024, p 2); rem: 1 March 2024 (Gaz G4,\n15 February 2024, p 2)\n\nEnvironment Protection Regulations 2020 155\nEnvironment Protection Legislation Amendment Act 2023 (Act No. 34, 2023)\nAssent date 6 December 2023\nCommenced pt 1, pt 3, div 1, ss 207 and 219 and pt 5: 7 December 2023\n(s 2(1)); pt 3, div 2: 1 March 2024 (s 2(2), s 2 Environment\nProtection Legislation Amendment (Chain of Responsibility)\nAct 2022 (Act No. 32, 2022) and (Gaz G4, 15 February 2024,\np 1); pt 4: 1 July 2024 (Gaz G4, 15 February 2024, p 2);\nrem: 1 March 2024 (Gaz G4, 15 February 2024, p 2)\nEnvironment Protection Amendment Regulations 2024 (SL No. 23, 2024)\nDate made 30 July 2024\nCommenced 31 July 2024 (r 2)\n3 LIST OF AMENDMENTS\nr 3 amd Act No. 34, 2023, ss 95 and 185\nr 6 amd Act No. 34, 2023, ss 96 and 186\nr 17 amd Act No. 34, 2023, s 97\nr 27 amd Act No. 34, 2023, s 98\nr 47A ins Act No. 34, 2023, s 99\nr 59 amd Act No. 34, 2023, s 100\nr 77 amd Act No. 34, 2023, s 101\nr 78 amd Act No. 34, 2023, s 102\nr 83 amd Act No. 34, 2023, s 103\nr 88 amd Act No. 34, 2023, s 104\nr 88A ins Act No. 34, 2023, s 105\nr 91 amd Act No. 34, 2023, s 106\nr 92 amd Act No. 34, 2023, s 107\nr 95 amd Act No. 34, 2023, s 108\nr 104 amd Act No. 34, 2023, s 109\nr 107 amd Act No. 26, 2020, r 3; Act No. 34, 2023, s 110\nr 119A ins Act No. 34, 2023, s 111\nr 120 amd Act No. 34, 2023, s 112\nr 136A ins Act No. 34, 2023, s 113\nr 137 amd Act No. 34, 2023, s 114\nr 155 amd Act No. 34, 2023, s 115\nr 157 amd Act No. 34, 2023, s 116\nr 173 amd Act No. 34, 2023, s 117\nr 177 amd Act No. 34, 2023, s 118\nr 178 amd Act No. 34, 2023, s 119\npt 7\ndiv 2A hdg ins Act No. 34, 2023, s 120\npt 7\nsdiv 1 hdg ins Act No. 34, 2023, s 120\nrr 212A –\n212B ins Act No. 34, 2023, s 120\npt 7\nsdiv 2 hdg ins Act No. 34, 2023, s 120\nrr 212C –\n212K ins Act No. 34, 2023, s 120\npt 7\nsdiv 3 hdg ins Act No. 34, 2023, s 120\nrr 212L –\n212Q ins Act No. 34, 2023, s 120\n\nEnvironment Protection Regulations 2020 156\npt 7\nsdiv 4 hdg ins Act No. 34, 2023, s 120\nrr 212R –\n212W ins Act No. 34, 2023, s 120\nr 233 amd Act No. 26, 2020, r 3\npt 7A hdg ins Act No. 34, 2023, s 187\ndiv 1 hdg ins Act No. 34, 2023, s 187\namd No. 23, 2024, r 4\nsdiv 1 hdg ins Act No. 34, 2023, s 187\nr 233A ins Act No. 34, 2023, s 187\namd No. 23, 2024, r 5\nsdiv 2 hdg ins Act No. 34, 2023, s 187\nrr 233B –\n233D ins Act No. 34, 2023, s 187\nr 233E ins Act No. 34, 2023, s 187\namd No. 23, 2024, r 6\nsdiv 3 hdg ins Act No. 34, 2023, s 187\nrr 233F –\n233L ins Act No. 34, 2023, s 187\nsdiv 4 hdg ins Act No. 34, 2023, s 187\nrr 233M –\n233P ins Act No. 34, 2023, s 187\nsdiv 5 hdg ins Act No. 34, 2023, s 187\namd No. 23, 2024, r 7\nr 233Q ins Act No. 34, 2023, s 187\nr 233 QA ins No. 23, 2024, r 8\ndiv 2 hdg ins Act No. 34, 2023, s 187\nsdiv 1 hdg ins Act No. 34, 2023, s 187\nr 233R ins Act No. 34, 2023, s 187\nsdiv 2 hdg ins Act No. 34, 2023, s 187\nr 233S ins Act No. 34, 2023, s 187\nr 233T ins Act No. 34, 2023, s 187\namd No. 23, 2024, r 9\nr 233U ins Act No. 34, 2023, s 187\nsdiv 3 hdg ins Act No. 34, 2023, s 187\nrr 233V –\n233W ins Act No. 34, 2023, s 187\npt 7B hdg ins Act No. 34, 2023, s 187\nr 233X ins Act No. 34, 2023, s 187\n\nEnvironment Protection Regulations 2020 157\npt 8 hdg amd Act No. 34, 2023, s 188\ns 234A ins Act No. 34, 2023, s 189\npt 9A hdg ins Act No. 32, 2022, s 17\nr 254A ins Act No. 32, 2022, s 17\npt 9B hdg ins Act No. 32, 2022, s 17 as amended by Act No. 34, 2023, s 129\nrr 254B –\n254E ins Act No. 32, 2022, s 17 as amended by Act No. 34, 2023, s 129\npt 10 hdg amd Act No. 34, 2023, s 190\npt 10\ndiv 1 hdg ins Act No. 34, 2023, s 191\nr 255 amd Act No. 34, 2023, s 192\npt 10\ndiv 2 hdg ins Act No. 34, 2023, s 193\nrr 255A –\n255B ins Act No. 34, 2023, s 193\nr 264 amd Act No. 34, 2023, s 121\nsdiv 2 hdg amd Act No. 34, 2023, s 122\nr 269 amd Act No. 34, 2023, s 123\nsdiv 2A hdg ins Act No. 34, 2023, s 194\nrr 269A –\n269F ins Act No. 34, 2023, s 194\ndiv 1A hdg ins Act No. 34, 2023, s 131\nr 271A ins Act No. 34, 2023, s 131\nsdiv 1A hdg ins Act No. 34, 2023, s 124\nrr 277A –\n277F ins Act No. 34, 2023, s 124\nsdiv 3 hdg ins Act No. 34, 2023, s 195\nrr 279A –\n279F ins Act No. 34, 2023, s 195\nsdiv 4 hdg ins Act No. 34, 2023, s 195\nr 279G ins Act No. 34, 2023, s 195\nr 282 amd Act No. 34, 2023, ss 125 and 196\nsch 2 amd Act No. 32, 2023, s 18; Act No. 34, 2023, s 126\nsub Act No. 34, 2023, s 197","sortOrder":361}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, this appears to be a reprint (Reprint No: REPE045R1) of the original 2020 regulations updated in 2024, suggesting the core scope — environment protection in the Northern Territory — has remained consistent with the original intent. No evidence of scope expansion or contraction is apparent from the metadata alone."},"complexity_factors":["Very limited metadata provided — the actual content of the regulations is not included, making a full analysis impossible","Environment protection regulations typically involve technical scientific standards and cross-references to other legislation, which adds moderate complexity","The instrument appears to be a reprint/amendment rather than an entirely new set of regulations, which may involve tracking changes from prior versions","Jurisdictional scope is the Northern Territory only, which narrows applicability but the NT regulatory framework can differ from other jurisdictions","Administered by a department covering multiple portfolios (Lands, Planning and Environment), suggesting potential overlap with other regulatory regimes"],"plain_english_summary":"These regulations set the day-to-day rules for protecting the Northern Territory environment — covering pollution limits, permitting and licensing, fees and penalties, and reporting obligations. They implement how environmental standards are enforced by the Department of Lands, Planning and Environment.\n\nThey affect businesses and individuals whose activities impact land, air, or water in the NT and matter because breaches can lead to fines, licence loss, or prosecution. In force 31 July 2024."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Subsequent amendments (notably by the Environment Protection Legislation Amendment (Chain of Responsibility) Act 2022 and the Environment Protection Legislation Amendment Act 2023) broadened the Regulations beyond a straightforward referral/assessment code. Key scope changes include: (1) addition of a mining‑specific regime (Part 7A) with declared risk criteria, standard conditions and a distinct environmental (mining) licensing process (regs 233A–233U) — this creates a parallel licensing track and prescriptive mining requirements; (2) new chain‑of‑responsibility and petroleum‑sector specific provisions (regs 254B–254E and related decl.), shifting some duties and enforcement mechanics to align with petroleum and corporate responsibilities; (3) a more elaborate significant‑variation architecture (new Division 2A, regs 212A–212W) to capture variations of previously non‑assessed or legacy EAA‑assessed actions; and (4) expanded enforcement/cost recovery mechanics (reg 280 and related amendments). These insertions materially broaden regulatory reach into mining and petroleum activity governance, interoperability with Commonwealth processes, and administrative enforcement, adding substantive regulatory functions beyond the original referral/assessment procedures."},"complexity_factors":["~282 numbered regulations across 12 Parts plus 2 Schedules (many multi‑section Parts).","Extensive defined terms and interpretation cross‑references at regulation 3 and throughout (multiple technical definitions: e.g. EIS, referred action, environmental (mining) licence matter).","Multiple assessment methods with separate procedural tracks (reg 5) and distinct detailed sub‑processes in Parts 4–6 and 7 (assessment by referral information, supplementary report, EIS, inquiry).","Numerous time limits that vary by stage (10, 15, 20, 25, 30, 35, 40, 45, 60 business days) leading to scheduling complexity (e.g. regs 11(3), 44(1), 57(3), 58(2), 99–101, 133(3), 161).","Many stop‑the‑clock and suspension rules (regs 40(4), 83(4), 88–91, 120, 124, 143) creating non‑linear timing behaviour. ","Complex significant‑variation regime split into multiple Divisions (Part 7 Divs 1–3 and new Div 2A) with different rules depending on timing and context (regs 162–233 and 212A–212W).","High degree of administrative discretion and multi‑actor decision points: NT EPA, Minister, CEO, inquiry panels, and various government authorities are involved at different stages (see regs 55–66, 86, 148–156).","Extensive publication, consultation and confidentiality rules across multiple steps (regs 11, 51, 52, 84–86, 102–106, 133–139, 267–271, 282) with exemptions and redaction options. ","Separate mining‑focused chapter (Part 7A) with bespoke licensing, risk criteria, standard conditions and definitions increasing domain‑specific complexity (regs 233A–233U, 233QA).","Inter‑jurisdictional and statutory interaction: cross‑references to the Act, Commonwealth EPBC Act, Petroleum Act, Corporations Act displacement/declaration provisions, and other statutes (regs 5 Note, 212A, 254B–254E, regs referencing Commonwealth Act).","Regulatory enforcement and financial mechanisms: cost recovery (reg 280), claims on bonds/security (regs 234, 234A), non‑refundable fees (reg 281), and an infringement schedule (reg 256 & Schedule 2)."],"plain_english_summary":"**What these Regulations do (mechanics first)**\n\n- Establish detailed procedures for environmental impact assessment in the Northern Territory: how proposed actions and strategic proposals are referred to the Northern Territory Environment Protection Authority (NT EPA), how the NT EPA (and Minister) decide whether and by which method an assessment is done, and how assessments are carried out and reported (see regs 5, 39–66, Parts 5–6).\n- Define key thresholds and technical concepts used across the Act (for example, the monetary threshold for \"significant environmental harm\" is set at $50,000) (reg 4).\n- Specify the available assessment methods: referral information, supplementary environmental report, environmental impact statement (EIS), and inquiry (reg 5), and set the detailed steps, time limits and publication/consultation requirements for each method (Parts 4–6).\n- Set out the full procedure for handling \"significant variations\" to proposed actions or approvals — including several separate tracks depending on when a variation is notified (Part 7, including Divs 1–3 and 2A) — and the process for referrals of variations after approval (Part 7 Div 3).\n- Create a mining-specific chapter (Part 7A) that prescribes risk criteria, standard conditions, and a distinct environmental (mining) licensing and public-notification process for mining activities (regs 233A–233U and following).\n- Provide for registration, renewal, suspension and revocation of environmental auditors and practitioners, with CEO-determined classes and qualification requirements and publication of public registers (Part 9, regs 235–254).\n- Establish notice/recording/reporting duties for environmental incidents, infringement notice procedures and prescribed penalty amounts, and recovery of NT EPA costs from proponents (Parts 10–11 and regs 256–261, 280).\n- Require publication and a public register of documents produced during assessment and approvals, with limited carve-outs for confidential information (regs 84, 282 and related provisions).\n\n**Who decides and who pays (plain statements)**\n\n- The NT EPA is the primary decision-maker on whether a referral is accepted, what method of assessment is required, and on detailed technical and procedural matters during assessment (regs 40–58, 98–106, 156–161).  \n- The Minister makes higher‑level decisions (declarations, protected areas, whether to accept an NT EPA recommendation for strategic assessment or refusal of approval, and mining licence decisions) and gives final environmental approvals (regs 7, 27, 66–76, 233S–233U).  \n- The proponent (or approval holder / mining operator) prepares the referral and assessment documents, responds to directions, publishes certain documents, and usually bears the costs of preparing those documents and of consultant work (regs 117–146, 121, 132, 121; cost recovery is expressly authorised — CEO may recover costs from proponents or approval holders) (reg 280).  \n- The CEO may recover the NT EPA's costs for external expert advice, inquiry panels and notification/publication costs; unpaid amounts can suspend the assessment process until paid (reg 280).  \n\n**What behaviour the Regulations change or require**\n\n- Proponents must follow prescribed forms/content standards (NT EPA determinations under reg 263), comply with directions to provide further information, publish specified documents, and engage registered practitioners in some cases. Failure risks suspension/termination of the assessment process (regs 40, 83, 119, 124, 92).\n- Approval holders must notify the NT EPA of significant variations and may be required to re-enter assessment if variations materially change impacts (Part 7, regs 162–233).\n- Mining operators face a parallel licensing and conditions regime (Part 7A and Div 2), with public notice, application publication and specified consultation periods (regs 233S–233U).\n\n**Why this matters (official purposes and practical implications)**\n\n- The Regulations implement the Act's object of assessing and controlling significant environmental impacts by prescribing step‑by‑step processes: referral, public consultation, technical review, NT EPA assessment report, and Ministerial decision (see Part 5 purpose reg 76 and the detailed procedures in Parts 4–6).\n- The instrument expressly claims to provide transparency and community participation through mandatory publication and minimum consultation periods (for example, 30 business days for many draft declarations or an EIS draft; see regs 11(3), 133(3)).\n\nThe Regulations' stated purposes (transparency, robust assessment, consistent decision-making) should be evaluated against the following practical trade-offs and risks:\n\n- Compliance cost and timing burden on proponents: multiple document types, varied and often long consultation periods (ranging from 10 to 60 business days depending on stage and method — see regs 11(3), 52(2), 122(3), 133(3), 139(3)), directions to produce additional material (regs 40, 83, 119, 136, 143), and the possibility of suspension or termination for failure to comply (regs 41, 92). Those costs are borne by the proponent; the NT EPA may also recover additional costs (reg 280).  \n- Administrative discretion and multiple decision points: the NT EPA and Minister have numerous discretionary gateways (e.g. accept or refuse referrals — regs 44–46; decide method of assessment — regs 57–59; direct amendments to terms — regs 72–74). That concentrates decision power in agencies, which raises implementation risks where capacity is limited or where procedures require specialist expertise (regs 86, 128–136).  \n- Delay risk from suspension and stop‑the‑clock rules: suspension when matters are referred to Commonwealth processes (reg 88), when additional advice is sought (reg 90), or at proponent request (reg 89) halts statutory clocks. While the rules preserve procedural fairness, they extend uncertainty for proponents and other stakeholders (regs 88–91).  \n- Effects on private choice and markets: the Regulations impose procedural constraints (publication, consultation, independent reviewer requirements — reg 87) which increase the cost of carrying out projects and can change the viability of marginal proposals. They also create distinct paths for mining activities (Part 7A) that may change the regulatory calculus for resource projects (regs 233A–233U).\n- Concentrated benefits and diffuse costs: the NT EPA/Minister and the community gain more opportunity for input and scrutiny (publication and consultation duties — regs 84, 102, 133), while private proponents bear most of the direct costs, and may face non‑refundable fees if investigations are terminated (reg 281).\n\n**Implementation, compliance and enforcement features to note (concrete mechanics)**\n\n- Time limits are tight and stage‑specific, but many provisions stop the running of the clock while information is requested or consultations occur (e.g. regs 40(4), 83(4), 161(2) and many later provisions). That makes scheduling two‑sided: there are deadlines, but also many recognised pauses.  \n- Specific procedural protections for proponents: show‑cause periods before termination or refusal (10 business days minimum in most situations — see regs 42, 68, 93, 96, 119(2) cross‑refs).  \n- Publication obligations are extensive (NT EPA must publish decisions, notices, drafts and many responses — see regs 51, 64, 65, 106, 115, 121, 125, 144, 154, 157, 190, 209, 229, 282). Exception for confidential information is preserved (reg 271 and reg 282(2)).  \n- Registration and audit ecosystem: CEO sets classes and qualifications for environmental auditors and practitioners and maintains public registers; registration decisions have review rights to the NTCAT (regs 236–254, reg 252 and Schedule 1).  \n\n**Key reference points in the Regulations** (examples of where to look):\n- Assessment methods and definitions: regs 3–6 and reg 5.  \n- Referral acceptance and NT EPA decision timelines: regs 40–58 (including referral acceptance regs 44–46 and criteria 59).  \n- Terms of reference, EIS process and public consultation: regs 98–106, 128–146, 130–139.  \n- Significant variation tracks and timing: Part 7 (regs 162–233).  \n- Mining-specific regime (risk criteria, licences, and public process): Part 7A (regs 233A–233U).  \n- Cost recovery and suspension for unpaid costs: reg 280.  \n- Public register and the materials recorded: reg 282.\n\n(When I refer to a regulation number in parentheses above I am pointing you to the precise procedural clause in the Regulations.)"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":858},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":false,"description":"The Regulations appear to implement the scope intended by the Environment Protection Act 2019 without significant expansion. The detailed provisions for environmental impact assessment, mining activities, and professional registration align with the Act's framework. The 2023 and 2024 amendments (reflected in this version) added specific mechanisms like Division 2A for significant variations in 'other specified circumstances' and Part 7A for mining activities, but these appear to be filling gaps rather than expanding beyond original intent."},"complexity_factors":["Extensive cross-referencing between Parts, Divisions, and Subdivisions (e.g., 'as if the variation were a proposed action' applied across multiple Parts)","Multiple parallel assessment pathways (standard assessment, strategic assessment, proponent-initiated EIS, approval-holder initiated EIS) with subtly different rules","Nested conditional logic with time-bound decision points (e.g., 15/20/25/30/35/40 business day deadlines depending on assessment type and stage)","Defined terms that themselves contain defined terms (e.g., 'terms of reference' definition incorporates approval and amendment processes)","Show cause processes repeated across multiple contexts (referrals, terminations, registration refusals, bond claims) with minor variations","Significant variations regime with three separate Divisions (notified during assessment, after assessment report, and 'other specified circumstances') each with parallel but distinct procedures","Mining-specific provisions (Part 7A) that interact with general assessment framework but impose additional requirements","Temporal suspensions and extensions that stop and restart statutory clocks in complex ways","Provisions that apply 'with necessary changes' or 'as if' other provisions applied, requiring mental mapping between contexts","Registration scheme for professionals with fit and proper person tests incorporating criminal history, bankruptcy, and corporate governance factors"],"plain_english_summary":"These are the **Environment Protection Regulations 2020** for the Northern Territory of Australia, which set out the detailed rules for how the *Environment Protection Act 2019* operates in practice.\n\n**What this legislation does:**\n\nThe Regulations establish a comprehensive system for **environmental impact assessment** — the process of evaluating whether proposed developments (like mines, infrastructure projects, or industrial facilities) will harm the environment before they proceed.\n\n**Key areas covered:**\n\n- **Environmental objectives and protected areas** — how the Minister declares goals for environmental protection and designates sensitive areas where certain activities are restricted\n\n- **Referral and assessment processes** — the step-by-step procedures for:\n  - Submitting project proposals to the NT Environment Protection Authority (NT EPA)\n  - Determining what level of assessment is needed (from simple referral information to full environmental impact statements or public inquiries)\n  - Public consultation at multiple stages\n  - Ministerial decisions on whether projects get environmental approval\n\n- **Significant variations** — what happens when a project changes substantially after approval, requiring re-assessment\n\n- **Mining-specific rules** — special licensing requirements for mining activities, including risk criteria and standard conditions\n\n- **Professional registration** — a scheme to register environmental auditors and practitioners who can certify documents and conduct assessments\n\n- **Enforcement tools** — infringement notices for minor offences, environment protection bonds (financial guarantees), and incident reporting requirements\n\n**Who it affects:**\n\n- **Project proponents** (companies or individuals proposing developments)\n- **Mining operators** — subject to specific environmental (mining) licence requirements\n- **The NT EPA** — the independent authority that conducts assessments and makes recommendations\n- **The Minister** — who makes final decisions on approvals and declarations\n- **The public** — who can make submissions during consultation periods\n- **Registered environmental professionals** — auditors and practitioners who work on assessments\n\n**Why it matters:**\n\nThese Regulations translate broad environmental law into operational procedures. They determine how thoroughly projects are scrutinised, how communities have their say, and what conditions can be imposed to protect the Territory's environment. The detailed timeframes, consultation requirements, and decision-making criteria aim to balance efficient development with environmental protection."}},"importantCases":[],"_links":{"self":"/api/acts/environment-protection-regulations-2020","history":"/api/acts/environment-protection-regulations-2020/history","analysis":"/api/acts/environment-protection-regulations-2020/analysis","conflicts":"/api/acts/environment-protection-regulations-2020/conflicts","importantCases":"/api/acts/environment-protection-regulations-2020/important-cases","documents":"/api/acts/environment-protection-regulations-2020/documents"}}