What it does
The Environment Effects Act 1978 (Vic) establishes a standalone environmental assessment regime that operates alongside, but is not wholly absorbed by, other Victorian approval processes. At its core the Act requires the preparation and ministerial assessment of an Environment Effects Statement (defined in s 2(1) as "statement") for works that are declared to be public works under s 3(1). Section 3(2) prohibits the Minister from making such a declaration unless satisfied that the works "could reasonably be considered to have or to be capable of having a significant effect on the environment". Once declared, s 4(1) obliges the proponent to cause a statement to be prepared and submitted to the Minister before commencing the works. A copy must also be given to the relevant Minister (s 4(2)), and the entire exercise is at the proponent's expense (s 4(3)).
The Minister's assessment function is reinforced by ancillary powers. Under s 5 the Minister may call for a supplementary statement containing any additional information considered necessary, again at the proponent's cost. Section 6 permits the Minister to call for a statement where none has been submitted and prohibits commencement of works until the assessment has been considered by the relevant Minister. Section 9 authorises the appointment of inquiry panels (with or without public hearings) and the solicitation of public comment.
The 2005 amendments substantially enlarged the Act's procedural architecture. Section 8 now permits (and in some cases requires) a relevant decision-maker or proponent to seek ministerial advice on whether a statement is needed for works that could have a significant environmental effect. If the Minister decides a statement is required, s 8B(4)(a)(i) triggers a formal notice that, by operation of s 8B(7), deems the works to be public works to which the Act applies. The Minister may instead decide that no statement is required at all (s 8B(3)(c)) or that none is required if specified conditions are met (s 8B(3)(b)). Section 8A empowers the Minister to freeze other statutory decision-making until advice is given. Section 8C then prohibits both the carrying out of works and the making of any related decision until the proponent has prepared the statement, submitted it, and the Minister's assessment has been considered.