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Environment Protection Act 2019
55Process for considering referred actions and strategic
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55 Process for considering referred actions and strategic
proposals
(1) The NT EPA must consider and deal with any referral of an action
or strategic proposal under this Division in accordance with the
(2) The NT EPA must determine whether the referred action or
strategic proposal has the potential to have a significant impact on
the environment.
(3) In determining whether a referred action or strategic proposal has
the potential to have a significant impact on the environment, the
NT EPA must consider any applicable environmental objectives.
(4) In determining whether a referred action or strategic proposal has
the potential to have a significant impact on the environment, the
NT EPA may consider other statutory decision-making processes
that may mitigate the potential environmental impact of the referred
action or strategic proposal.
(5) Without limiting subsection (1), if the NT EPA determines that the
referred action or strategic proposal has the potential to have a
significant impact on the environment, the NT EPA must:
(a) determine that an environmental impact assessment is
required for the referred action or strategic proposal; or
(b) if the NT EPA considers that the referred action or strategic
proposal is unacceptable because it is likely to have
significant impacts that cannot be appropriately avoided,
mitigated or managed – recommend to the Minister that the
Minister refuse to grant an environmental approval for the
referred action or strategic proposal.
(6) The regulations may provide for processes for:
(a) considering referrals of actions and strategic proposals; and
Environment Protection Act 2019 41
(b) determining whether:
(i) an environmental impact assessment of a referred
action or strategic proposal is required; or
(ii) an environmental approval for a referred action or
strategic proposal should be refused, with or without an
environmental impact assessment.