Div 2AEnvironmental impact assessment criteria

Division 2A—Environmental impact assessment criteria 96A—Environmental impact assessment criteria (1) The Minister must, by notice in the Gazette, determine criteria (the environmental impact assessment criteria) against which the environmental impact of regulated activities is to be assessed for the purposes of this Part. (2) The Minister may, in accordance with any requirements prescribed by the regulations, undertake a review of the environmental impact assessment criteria determined under this section. Division 3—Environmental impact report 97—Environmental impact report (1) An environmental impact report on regulated activities must be prepared in accordance with the regulations. (2) An environmental impact report— (a) must take into account cultural, amenity and other values of Aboriginal and other Australians insofar as those values are relevant to the assessment; and (b) must take into account risks inherent in the regulated activities to the health and safety of the public; and (c) must contain sufficient information to make possible an informed assessment of the likely impact of the activities on the environment. (3) An environmental impact report— (a) may relate to regulated activities generally or a particular class of regulated activities; and (b) may be applicable to the whole of the State or be limited to a particular part of the State. (4) An environmental impact report must include an assessment of the environmental impact of regulated activities to which the report applies against the environmental impact assessment criteria. (5) An assessment under subsection (4) must be made in a manner, and comply with any requirements, determined by the Minister or prescribed by the regulations. (6) A licensee must undertake consultation on the proposed environmental impact report in accordance with the requirements of the regulations. Division 4—Statements of environmental objectives 99—Statement of environmental objectives (1) A statement of environmental objectives for regulated activities— (a) must be prepared in accordance with the requirements prescribed by the regulations; and (b) must be submitted to the Minister for approval. (2) If the Minister directs that an approved statement of environmental objectives should be revised, a revised statement of environmental objectives— (a) must be prepared in accordance with the requirements prescribed by the regulations; and (b) must be submitted to the Minister for approval. (3) A licensee must undertake consultation on the proposed statement of environmental objectives in accordance with the requirements prescribed by the regulations. 100—Content of statement of environmental objectives (1) A statement of environmental objectives for regulated activities— (a) must state environmental objectives that must be achieved in carrying out regulated activities to which the statement applies; and (b) must state criteria to be applied to determine whether the stated environmental objectives have been achieved in a particular case; and (c) must set out— (i) leading performance criteria; and (ii) immediately reportable incidents and reportable incidents (both within the meaning of section 85); and (d) must contain such other information as prescribed by the regulations. (2) One of the environmental objectives must be the rehabilitation of land adversely affected by regulated activities. (4) A statement of environmental objectives— (a) may be generally applicable throughout the State; or (b) may be limited to a specific part of the State. 101—Approval of statement of environmental objectives (1) The Minister may— (a) approve a statement (or revised statement) of environmental objectives without amendment; or (b) after consultation with the licensee—require amendment to a statement (or revised statement) of environmental objectives or the environmental impact report on which the statement is based. (2) If a statement (or revised statement) of environmental objectives is required to be amended under subsection (1)(b), but not substantially, the Minister may approve it in its amended form but, if it is substantially amended, the Minister must undertake public consultation in accordance with section 105A until it is approved without further substantial amendment. (3) When the Minister approves a statement (or revised statement) of environmental objectives, the Minister must give notice of the approval in the Gazette. (4) The statement (or revised statement) of environmental objectives comes into force when notice of its approval is published in the Gazette or on a later date specified in the notice of approval. (5) When a revised statement of environmental objectives comes into force it supersedes the previous statement of environmental objectives for the relevant regulated activities. 102—Review of statement of environmental objectives (1) An approved statement of environmental objectives must be reviewed— (a) if the Minister directs that the statement of environmental objectives be reviewed; or (b) if a review is required at a time, or in circumstances, prescribed by the regulations. (2) A review must be conducted— (a) in accordance with any requirements prescribed by the regulations; and (b) taking into account the requirements of section 100; and (c) within a period prescribed by the regulations. (3) A statement of environmental objectives that is revised as a result of a review undertaken under this section must be submitted to the Minister in accordance with any requirements prescribed by the regulations. (4) The Minister may, on receipt of a revised statement of environmental objectives submitted to the Minister under this section— (a) approve the revised statement of environmental objectives without amendment; or (b) require amendments to the revised statement of environmental objectives after consultation with the licensee. (5) If a revised statement of environmental objectives submitted to the Minister under this section is required to be amended under subsection (4)(b), but not substantially, the Minister may approve it in its amended form but, if it is substantially amended, the Minister must undertake public consultation in accordance with section 105A until it is approved without further substantial amendment. 103A—Specially protected areas (1) If a statement (or revised statement) of environmental objectives applies to a specially protected area or the Murray‑Darling Basin, the Minister must not approve the statement (or revised statement) without the concurrence of the relevant Minister. (2) If the Minister to whom the administration of this Act is committed and the relevant Minister cannot reach agreement, the Ministers must take steps to refer the matter to the Governor and the Governor will determine the matter (and any decision taken by the Governor will be taken to be a decision of the Minister under this Act). 104—Commencement of statement of environmental objectives (1) When the Minister approves a statement (or a revised statement) of environmental objectives, the Minister must have notice of the approval published in the Gazette. (2) The statement (or revised statement) of environmental objectives comes into force when notice of its approval is published in the Gazette or on a later date stated in the notice of approval. (3) When a revised statement of environmental objectives comes into force it supersedes the previous statement of environmental objectives for the relevant regulated activities. 105—Licensee must comply with statement of environmental objectives (1) It is mandatory condition of every licence that the licensee must comply with an approved statement of environmental objectives relevant to activities carried out under the licence.