Part 3Environment protection

Part 3—Environment protection 9D—Environmental impact assessment criteria (1) For the purposes of section 96A(2) of the Act, the Minister should aim to review the environmental impact assessment criteria at least once every 5 years. (2) The Minister must, in reviewing the environmental impact assessment criteria, consult with relevant government agencies and relevant persons and groups as determined by the Minister. 10—Environmental impact report (1) For the purposes of any environmental impact report required under Part 12 of the Act, a licensee must provide the following information or material: (a) a description of the regulated activities to be carried out under the licence (including their location); (b) — (i) a description of the specific elements of the environment that can reasonably be expected to be affected by the activities, with particular reference to the environment and existing land uses; and (ii) an assessment of the cultural and heritage values of Aboriginal and other Australians which could reasonably be foreseen to be affected by the activities in the area of the licence, and the public health and safety risks inherent in those activities (insofar as these matters are relevant in the particular circumstances); and (iii) if required by the Minister—a prudential assessment of the security of natural gas supply; (f) information on any consultation that has occurred with the owner of the relevant land, any Aboriginal groups or representatives, any agency or instrumentality of the Crown, or any other relevant stakeholders, including specific details about relevant issues that have been raised and any response to those issues, but not including confidential information. (2) The Minister may require that a person provide further information or materials (verified, if the Minister so requires, in a manner determined by the Minister) to assist in assessing potential events and consequences that may arise from particular activities. (3) Information and material provided under subregulation (1) or (2) must— (b) state any limitations that apply, or should apply, to the use of the information and material; and (c) identify any matter in relation to which there is a significant lack of relevant information or a significant degree of uncertainty; and (d) so far as is relevant, identify the sensitivity to change of any assumption that has been made and any significant risks that may arise if an assumption is later found to be incorrect; and (e) so far as is reasonably practicable, be presented in a way that allows a person assessing the information or material to understand how conclusions have been reached and allows the information or material to be used to make an informed decision on the level of environmental impact of particular activities without the need to obtain additional technical advice. (4) Information or material provided under this regulation must be accompanied by a declaration signed or executed by a person (being either the licensee or applicant or a person authorised by the licensee or applicant) who has taken reasonable steps to review the information and material to ensure its accuracy. (5) Information and material provided under this regulation must be kept available for public inspection in accordance with directions of the Minister. 11—Consultation by licensee (1) For the purposes of sections 97(6) and 99(3) of the Act, a licensee must comply with the requirements of this regulation in undertaking consultation on a proposed environmental impact report or a proposed statement of environmental objectives. (2) The licensee must prepare a consultation plan that— (a) states the day on which consultation is due to commence; and (b) includes a list of— (i) all identified owners of the land to which the report or statement relates; and (ii) any affected agency or instrumentality of the Crown; and (c) describes the method of engagement to be used in consultation, including how the licensee intends to respond to relevant issues raised as a result of consultation; and (d) focuses the engagement on the environmental objectives and assessment criteria necessary to be achieved to demonstrate that any potential consequences of the proposed activities will be adequately managed and controlled; and (e) identifies all relevant parts in the environmental impact report or statement of environmental objectives that are to be consulted on; and (f) complies with any other requirement notified to the licensee by the Minister. (3) A consultation plan prepared by a licensee who proposes to undertake activities requiring low level official surveillance must be given to the Minister at least 10 days before consultation is due to commence or within such shorter period as may be allowed by the Minister in a particular case. (4) A consultation plan prepared by a licensee who proposes to undertake activities requiring high level official surveillance must be submitted to the Minister for approval at least 10 days before consultation is due to commence or within such shorter period as may be allowed by the Minister in a particular case. (5) A licensee who proposes to undertake activities requiring high level official surveillance must not undertake consultation under a consultation plan that has not been approved by the Minister. (6) At the conclusion of consultation, the licensee must prepare a report on the results of consultation, setting out— (a) the persons consulted; and (b) any issues of concern raised by persons consulted; and (c) the steps (if any) taken or proposed to be taken by the licensee to address those concerns. 12—Statement of environmental objectives (1) For the purposes of sections 99(1)(a) and 100(1)(d) of the Act, a statement of environmental objectives must be prepared, and contain information, in accordance with the requirements of this regulation. (2) A statement of environmental objectives may relate to— (a) regulated activities of a licensee (or prospective licensee); or (b) regulated activities of a particular kind. (3) A statement of environmental objectives must include— (a) objectives that relate to dealing with the impacts on various elements of the environment associated with carrying out the relevant regulated activity; and (b) criteria to be applied to determine whether or not the stated environmental objective has been achieved in a particular case. (4) The criteria under subregulation (3)(b)— (a) must include the following: (i) a description of the objective to be measured and the manner and form of the measurement to be used; (ii) the locations where the relevant measurements are to be taken, or how such locations are to be determined; (iii) the frequency of any measurement or monitoring; (iv) any background or control data that is to be used or the manner in which such data is to be obtained; (v) how the achievement of a relevant objective is to be determined (with consideration being given to any inherent errors of measurement); (vi) if required by the Minister—provisions with respect to assessing the ongoing fitness for purpose of management systems, facilities, plant, equipment, machinery or other infrastructure to ensure— (A) security of production or supply of natural gas; and (B) the protection of public safety; and (C) the protection of the environment; and (b) may include provisions with respect to— (i) gathering information and the conduct and timing of studies; and (ii) the conduct and timing of management system audits; and (c) must, so far as is reasonably practicable and appropriate, be expressed in quantitative (rather than qualitative) terms. (5) Information or material provided for the purpose of a statement of environmental objectives must— (b) state any limitations that apply to the use of information; and (c) identify any matter in relation to which there is a significant lack of information or a significant degree of uncertainty; and (d) so far as is relevant, identify the sensitivity to change of any assumption that has been made and any significant risks that may arise if an assumption is later found to be incorrect; and (e) be in a form determined by the Minister; and (f) be supported by such evidence as the Minister may require; and (g) comply with any requirements determined by the Minister in relation to the amount or detail of information that must be provided. 13—Review of statement of environmental objectives (1) In accordance with section 102(1)(b) of the Act, an approved statement of environmental objectives must be reviewed by the licensee within 6 months of the end of each prescribed period. (2) For the purposes of section 102(3) of the Act, a licensee must, when submitting a revised statement of environmental objectives to the Minister, provide a report in writing to the Minister that outlines any changes made to the revised statement of environmental objectives as a result of the review. (3) In this regulation— prescribed period means— (a) the period of 5 years from the day on which the relevant statement of environmental objectives is approved; or (b) such other period as may be determined by the Minister in a particular case. 14—Consultation by Minister (1) For the purposes of section 105A of the Act, the Minister must undertake public consultation required under that section in accordance with the requirements of this regulation. (2) The Minister must publish a notice in such manner as the Minister thinks fit— (a) specifying a place at which a copy of the relevant environmental impact report and statement (or revised statement) of environmental objectives may be obtained; and (b) inviting written submissions in relation to the environmental impact report or statement (or revised statement) of environmental objectives to be given within a period specified in the notice (which must be at least 30 days after publication of the notice). (3) The Minister— (a) must give to the licensee a copy of any submission received by the Minister under this regulation within the relevant period specified by the Minister; and (b) may require the licensee to respond to any matter raised in any such submission within a period specified by the Minister. (4) A submission under subregulation (2)(b) or a response under subregulation (3)(b) cannot be made on the basis that the submission or response (or part of the submission or response) will be kept confidential. (5) The Minister may refuse to publish submissions made under this regulation on grounds that the submissions are irrelevant, offensive, or on any other grounds that the Minister thinks fit. (6) The Minister must cause copies of written submissions and responses made under this regulation to be available for inspection on the environmental register. (7) Before approving a statement (or revised statement) of environmental objectives, the Minister must be satisfied that— (a) the licensee has satisfactorily addressed any submissions received under this regulation; and (b) the licensee has amended the environmental impact report or statement (or revised statement) of environmental objectives (as the case may be) to take into account any submissions received under this regulation. (8) The Minister may, if appropriate, amend an environmental impact report as a result of consultation undertaken under this regulation.