94Environmental impact statements and inquiries

94 Environmental impact statements and inquiries (1) This section applies in relation to an application for an environmental authorisation in relation to an activity. (2) At the authority’s request, or on the Minister’s own initiative, the Minister may— (a) direct that an EIS be prepared in relation to the possible environmental impact of the activity; and

(b) after the EIS is given to the Minister—establish a panel to conduct an inquiry into the activity. (3) For subsection (2)— (a) the Minister must not direct that an EIS be prepared or establish a panel unless satisfied that the activity is not the subject of a development application under the Planning Act 2023; and (b) the authority must not make a request unless the authority— (i) is satisfied that the activity is not the subject of a development application under the Planning Act 2023; and (ii) has reasonable grounds for believing the activity has the potential to cause serious or material environmental harm. (4) The Minister must give the authority a copy of— (a) any EIS prepared as directed under subsection (2) (a); and (b) the report of any inquiry panel established under subsection (2) (b).