Div 4AConsultation by Minister

Division 4A—Consultation by Minister 105A—Consultation by Minister on environmental impact report and statement of environmental objectives (1) Subject to this Part, the Minister must, in accordance with the requirements prescribed by the regulations, undertake public consultation on— (a) the environmental impact report; and (b) a statement (or revised statement) of environmental objectives. (2) Without limiting subsection (1), regulations made under this section may address the following: (a) the manner and form in which the Minister is to give notice to members of the public that consultation is to occur; (b) the manner in which the environmental impact report or statement (or revised statement) of environmental objectives may be made available to members of the public; (c) the manner in which submissions are to be made to the Minister and the time before which submissions must be provided to the Minister (which must be not less than 30 business days from the day on which notice is given under paragraph (a)); (d) the publication of submissions by the Minister (including that the Minister may refuse to publish submissions on grounds that the submissions are irrelevant, offensive or on any other grounds that the Minister thinks fit); (e) any action that must be undertaken by the licensee as a result of, or in response to, the consultation. (3) Subject to the regulations, in determining whether or not to approve a statement (or revised statement) of environmental objectives, the Minister must have regard to any submissions received under this section. Division 5—The environmental register 106—Environmental register (1) The Minister must maintain an environmental register. (2) The register must contain— (a) a copy of every environmental impact report prepared for the purposes of this Act; and (b) a copy of the current environmental impact assessment criteria; and (c) a copy of every current statement of environmental objectives approved under this Act and a copy of the environmental impact report on which the statement is based; and (d) a copy of a report of a prescribed kind submitted by the licensee in connection with a statement (or revised statement) of environmental objectives; and (e) any other document prescribed by the regulations. 107—Environmental register to be available for inspection (1) The environmental register is to be available for inspection, without fee, during ordinary office hours at a public office, or public offices, determined by the Minister. (2) The Minister must ensure that copies of material on the environmental register can be purchased for a reasonable fee at the public office, or public offices, at which the register is kept available for inspection. (3) The Minister must ensure that the environmental register can be inspected at the department's website. Division 6—General provisions for environmental protection 108—Environmental directions (1) If, in the Minister's opinion, regulated activities are being conducted in a way that results in, or that is reasonably likely to result in— (a) undue damage to the environment; or (b) a breach of a statement of environmental objectives; or (c) any other breach of this Act, the Minister may, by written notice given to a licensee (an environmental direction), direct that action be taken to comply with specified requirements to prevent or minimise damage to the environment (to the extent necessary to address the relevant matter arising under paragraph (a), (b) or (c)). (2) An environmental direction may impose any requirement reasonably required for the purpose for which the direction is issued including 1 or more of the following: (a) a requirement that a person specified or identified in the direction discontinue, or not commence, a specified activity indefinitely or for a specified period or until further notice from the Minister or an authorised officer; (b) a requirement that a person specified or identified in the direction take specified action in a specified way, and within a specified period or at specified times or in specified circumstances; (c) a requirement that a person specified or identified in the direction take action to prevent or minimise any damage to the environment, or to control any specified activity; (d) a requirement that a person specified or identified in the direction undertake specified tests or monitoring and, in relation to such a requirement— (i) a requirement that the tests or monitoring be carried out by a person with specified qualifications or experience; or (ii) a requirement that a report or reports be provided to the Minister, or to any other specified person; (e) a requirement that a person specified or identified in the direction take specified action to rehabilitate or restore any land; (f) a requirement that a person specified or identified in the direction prepare a plan of action (that complies with any specified requirements and to the satisfaction of the Minister) to prevent or address— (i) undue damage to the environment; or (ii) a breach of a statement of environmental objectives; or (iii) any other breach of this Act; (g) a requirement that a person specified or identified in the direction provide the Minister with specified results or reports. (3) An environmental direction must— (a) specify the grounds on which the direction is issued; and (b) allow a reasonable time for compliance with the direction. (4) A person to whom an environmental direction relates must comply with the direction within the time specified in the direction. (5) The Minister may, after giving an environmental direction, review the adequacy of the relevant statement of environmental objectives and, if it appears on the review that a revised statement of environmental objectives is appropriate, the Minister may take the necessary steps to have a revised statement of environmental objectives prepared and brought into force. (6) The Minister must ensure that the owner of land is notified of an environmental direction. 109—Rehabilitation directions (1) The Minister may direct, by written notice given to a licensee (a rehabilitation direction), that action be taken— (a) — (i) to rehabilitate land in accordance with the requirements of a statement of environmental objectives; or (ii) to rehabilitate land to a standard required to secure compliance with a condition of the relevant licence, (including land outside the area of the licence); or (b) to remove decommissioned equipment and facilities. (2) A rehabilitation direction— (a) must specify the grounds on which the direction is issued; and (b) must allow a reasonable time for compliance with the direction. (3) A licensee must comply with a rehabilitation direction within the time allowed in the direction. (4) For the purposes of this section, a rehabilitation direction may be issued at any time (including after a licence has expired or been cancelled or surrendered) and a reference to a licensee extends (in all cases) to the holder of a licence that has since expired, or has been cancelled or surrendered (but, in such a case, a notice may only be given to the person who was the holder of the licence immediately before its expiration, cancellation or surrender). (5) The Minister must ensure that the owner of land is notified of a rehabilitation direction. 110—Application for review of direction (1) The licensee or former licensee required to comply with a direction under this Division may apply to the ERD Court for a review of the direction within 14 days after receiving the direction. (2) Unless the Court decides to the contrary, an application for review of a direction under this Division does not suspend operation of the direction. (3) On review of a direction under this Division, the ERD Court may— (a) confirm the direction (with or without modification); or (b) revoke the direction. 111—Liability for damage caused by authorised activities (1) A licensee (or former licensee) is liable to compensate the State for the cost of environmental rehabilitation the State is reasonably required to carry out as a result of serious environmental damage, or the threat or potential of serious environmental damage (insofar as this may be reasonably assessed), arising from activities carried out under the licence. (2) If a licensee provides the Minister with a report, made by an independent expert acceptable to the Minister, containing an assessment of the risk inherent in regulated activities, and of the precautions necessary to eliminate or minimise the risk, the Minister may enter into an agreement with the licensee under which— (a) the licensee is obliged to take specified precautions to eliminate or minimise the risk; and (b) the licensee's liability under this section is limited or excluded. (2a) A report under subsection (2) must be made in a manner, and comply with any requirements, determined by the Minister and notified to the licensee. (3) The Minister may recover compensation on behalf of the State under this section in a court having jurisdiction in cases of tort up to the amount claimed.