period for comment means the period within which comments may be given under 95(2)(c) or 95A(3)(d), as the case requires.
95C Recommendation report
(1) The Secretary must prepare, and give to the Minister, a recommendation report relating to the action. The report must include recommendations on:
(a) whether the taking of the action should be approved under Part 9; and
(b) if approval is recommended, any conditions that should be attached to the approval.
(2) The recommendation report must be given to the Minister after the Minister receives the documents under subsection 95B(1) or the statement under subsection 95B(3), as the case requires, and before the end of the period applicable under paragraph 130(1B)(c) in relation to the action.
Note: This is the period within which the Minister must decide whether or not to approve the taking of the action.
Division 5—Public environment reports
96 Application
This Division applies in relation to an action if the Minister has decided under section 87 that the relevant impacts of the action must be assessed by a public environment report under this Division.
96A Minister must give designated proponent written guidelines for preparation of draft public environment report
(1) The Minister must give the designated proponent of the action written guidelines for the preparation of a draft public environment report about the relevant impacts of the action. The guidelines so given are referred to as the PER guidelines.
(2) The PER guidelines must be:
(a) one or more sets of standard guidelines prepared under section 96B that the Minister decides are appropriate for the preparation of the draft report in relation to the action; or
(b) if the Minister decides that standard guidelines are not appropriate for the preparation of the draft report in relation to the action—tailored guidelines prepared under section 97.
(3) In deciding whether one or more sets of standard guidelines are appropriate for the preparation of the draft report in relation to the action, the Minister must seek to ensure that the draft report, if prepared in accordance with those guidelines, will:
(a) contain enough information about the action and its relevant impacts to allow the Minister to make an informed decision whether or not to approve under Part 9 (for the purposes of each controlling provision) the taking of the action; and
(b) address the matters (if any) prescribed by the regulations.
Note: Similar considerations apply in relation to tailored guidelines: see subsection 97(2).
(4) The Minister must give the PER guidelines to the designated proponent:
(a) within 20 business days after the assessment approach decision was made under section 87; or
(b) if the Minister, under section 97, invites a person to comment on a draft of tailored guidelines for the preparation of the draft report within a specified period—within 20 business days after:
(i) the end of that period; or
(ii) if there is more than one such period, the end of the later or latest of those periods.
96B Standard guidelines
(1) The Minister may prepare one or more sets of standard guidelines, in writing, for the preparation of draft public environment reports about the relevant impacts of actions.
Note: See also subsection 96A(3).
(2) A set of standard guidelines must set out requirements for the content and presentation of draft public environment reports about the relevant impacts of actions.
(3) Without limiting subsections (1) and (2), a set of standard guidelines may relate to:
(a) actions that are proposed to be taken by a specified industry sector; or
(b) actions for which a specified provision of Part 3 is a controlling provision.
(4) A set of standard guidelines made under this section is not a legislative instrument.
97 Tailored guidelines
(1) The Minister must prepare tailored guidelines, in writing, for the preparation of a draft public environment report about the relevant impacts of an action if the Minister decides that standard guidelines are not appropriate for the preparation of the draft report in relation to that action.
(1A) Tailored guidelines must set out requirements for the content and presentation of the draft report in relation to the action.
(2) In preparing tailored guidelines, the Minister must seek to ensure that the draft report will:
(a) contain enough information about the action and its relevant impacts to allow the Minister to make an informed decision whether or not to approve under Part 9 (for the purposes of each controlling provision) the taking of the action; and
(b) address the matters (if any) prescribed by the regulations.
(3) Tailored guidelines may also provide for the draft report to include information about other certain and likely impacts of the action if:
(a) the action is to be taken in a State or self‑governing Territory; and
(b) the appropriate Minister of the State or Territory has asked the Minister administering this section to ensure that the draft report includes information about those other impacts to help the State or Territory, or an agency of the State or Territory, make decisions about the action; and
(c) the action:
(i) is to be taken by any person for the purposes of trade or commerce between Australia and another country, between 2 States, between a State and a Territory or between 2 Territories or by a constitutional corporation; or
(ii) is an action whose regulation is appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.
Note: Paragraph (3)(a) also applies to actions to be taken in an area offshore from a State or the Northern Territory. See section 157.
(3A) Tailored guidelines may also provide for the draft report to include information about other certain and likely impacts of the action if:
(a) the referral of the proposal to take the action is, because of section 37AB of the Great Barrier Reef Marine Park Act 1975, taken to be an application for a permission for the purposes of that Act; and
(b) the Great Barrier Reef Marine Park Authority has asked the Minister to ensure that the draft report includes information about those other impacts for the purposes of deciding whether to grant the permission.
(4) Division 2 does not limit:
(a) subsection (3) or (3A); or
(b) section 98 so far as it relates to tailored guidelines prepared in reliance on that subsection.
(5) In preparing tailored guidelines, the Minister may:
(a) invite anyone to comment on a draft of tailored guidelines within a period specified by the Minister; and
(b) take account of the comments received (if any).
(6) Tailored guidelines made under this section are not a legislative instrument.
98 Designated proponent must invite comment on draft public environment report
Designated proponent’s obligations
(1) The designated proponent of the action must:
(a) prepare a draft public environment report in accordance with the PER guidelines about:
(i) the relevant impacts of the action; and
(ii) if the PER guidelines are tailored guidelines that require the draft report to include information about other impacts—those other impacts; and
(ab) give the draft report to the Minister; and
(b) obtain the Minister’s approval for publication of the draft report; and
(c) publish in accordance with the regulations:
(i) the draft report; and
(ii) an invitation for anyone to give the designated proponent comments in writing relating to the draft report or the action within the period specified in the invitation.
Approval of publication of draft report
(2) The Minister may only approve the publication of the draft report if he or she is satisfied that the draft report is in accordance with the PER guidelines.
Period for comment
(3) The period specified in the invitation to comment must be the period specified in writing given by the Minister to the designated proponent. The Minister must not specify a period of less than 20 business days.
99 Finalising public environment report
(1) After the end of the period specified in the invitation to comment under section 98, the designated proponent must finalise the draft public environment report.
(2) The finalised report must:
(a) take account of any comments received within the period for comment; and
(b) contain a summary of any such comments and how those comments have been addressed.
(3) As soon as practicable after finalising the draft report, the designated proponent must give the Minister:
(a) the finalised report; and
(b) either:
(i) a copy of any comments received within the period for comment; or
(ii) if no comments were received within that period—a written statement to that effect.
(3A) The designated proponent is taken not to have given the Minister the documents required under subsection (3) if the required fee has not been paid.
(4) Within 10 business days after the designated proponent has given the Minister the documents required under subsection (3), the designated proponent must publish the finalised report in accordance with the regulations.
100 Recommendation report
(1) The Secretary must prepare, and give to the Minister, a recommendation report relating to the action. The report must include recommendations on:
(a) whether the taking of the action should be approved under Part 9; and
(b) if approval is recommended, any conditions that should be attached to the approval.
(2) The recommendation report must be given to the Minister after the Minister receives the finalised public environment report under section 99 and before the end of the period applicable under paragraph 130(1B)(d) in relation to the action.
Note: This is the period within which the Minister must decide whether or not to approve the taking of the action.
Division 6—Environmental impact statements
101 Application
This Division applies in relation to an action if the Minister has decided under section 87 that the relevant impacts of the action must be assessed by an environmental impact statement under this Division.
101A Minister must give designated proponent written guidelines for preparation of draft environmental impact statement
(1) The Minister must give the designated proponent of the action written guidelines for the preparation of a draft environmental impact statement about the relevant impacts of the action. The guidelines so given are referred to as the EIS guidelines.
(2) The EIS guidelines must be:
(a) one or more sets of standard guidelines prepared under section 101B that the Minister decides are appropriate for the preparation of the draft statement in relation to the action; or
(b) if the Minister decides that standard guidelines are not appropriate for the preparation of the draft statement in relation to the action—tailored guidelines prepared under section 102.
(3) In deciding whether one or more sets of standard guidelines are appropriate for the preparation of the draft statement in relation to the action, the Minister must seek to ensure that the draft statement, if prepared in accordance with those guidelines, will:
(a) contain enough information about the action and its relevant impacts to allow the Minister to make an informed decision whether or not to approve under Part 9 (for the purposes of each controlling provision) the taking of the action; and
(b) address the matters (if any) prescribed by the regulations.
Note: Similar considerations apply in relation to tailored guidelines: see subsection 102(2).
(4) The Minister must give the EIS guidelines to the designated proponent:
(a) within 20 business days after the assessment approach decision was made under section 87; or
(b) if the Minister, under section 102, invites a person to comment on a draft of tailored guidelines for the preparation of the draft statement within a specified period—within 20 business days after:
(i) the end of that period; or
(ii) if there is more than one such period, the end of the later or latest of those periods.
101B Standard guidelines
(1) The Minister may prepare one or more sets of standard guidelines, in writing, for the preparation of draft environmental impact statements about the relevant impacts of actions.
Note: See also subsection 101A(3).
(2) A set of standard guidelines must set out requirements for the content and presentation of draft environmental impact statements about the relevant impacts of actions.
(3) Without limiting subsections (1) and (2), a set of standard guidelines may relate to:
(a) actions that are proposed to be taken by a specified industry sector; or
(b) actions for which a specified provision of Part 3 is a controlling provision.
(4) A set of standard guidelines made under this section is not a legislative instrument.
102 Tailored guidelines
(1) The Minister must prepare tailored guidelines, in writing, for the preparation of a draft environmental impact statement about the relevant impacts of an action if the Minister decides that standard guidelines are not appropriate for the preparation of the draft statement in relation to that action.
(1A) Tailored guidelines must set out requirements for the content and presentation of the draft statement in relation to the action.
(2) In preparing tailored guidelines, the Minister must seek to ensure that the draft statement will:
(a) contain enough information about the action and its relevant impacts to allow the Minister to make an informed decision whether or not to approve under Part 9 (for the purposes of each controlling provision) the taking of the action; and
(b) address any matters specified by the regulations.
(3) Tailored guidelines may also provide for the draft statement to include information about other certain and likely impacts of an action if:
(a) the action is to be taken in a State or self‑governing Territory; and
(b) the appropriate Minister of the State or Territory has asked the Minister administering this section to ensure that the draft statement includes information about those other impacts to help the State or Territory, or an agency of the State or Territory, make decisions about the action; and
(c) the action:
(i) is to be taken by any person for the purposes of trade or commerce between Australia and another country, between 2 States, between a State and a Territory or between 2 Territories or by a constitutional corporation; or
(ii) is an action whose regulation is appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.
Note: Paragraph (3)(a) also applies to actions to be taken in an area offshore from a State or the Northern Territory. See section 157.
(3A) Tailored guidelines may also provide for the draft statement to include information about other certain and likely impacts of an action if:
(a) the referral of the proposal to take the action is, because of section 37AB of the Great Barrier Reef Marine Park Act 1975, taken to be an application for a permission for the purposes of that Act; and
(b) the Great Barrier Reef Marine Park Authority has asked the Minister to ensure that the draft statement includes information about those other impacts for the purposes of deciding whether to grant the permission.
(4) Division 2 does not limit:
(a) subsection (3) or (3A); or
(b) section 103 so far as it relates to tailored guidelines prepared in reliance on that subsection.
(5) In preparing tailored guidelines, the Minister may:
(a) invite anyone to comment on a draft of tailored guidelines within a period specified by the Minister; and
(b) take account of the comments (if any) received.
(6) Tailored guidelines made under this section are not a legislative instrument.
103 Designated proponent must invite comment on draft environmental impact statement
Designated proponent’s obligations
(1) The designated proponent of the action must:
(a) prepare a draft environmental impact statement in accordance with the EIS guidelines about:
(i) the relevant impacts of the action; and
(ii) if the EIS guidelines are tailored guidelines that require the draft statement to include information about other impacts—those other impacts; and
(ab) give the draft statement to the Minister; and
(b) obtain the Minister’s approval for publication of the draft statement; and
(c) publish in accordance with the regulations:
(i) the draft statement; and
(ii) an invitation for anyone to give the designated proponent comments in writing relating to the draft statement or the action within the period specified in the invitation.
Approval of publication of draft statement
(2) The Minister may only approve the publication of the draft statement if he or she is satisfied that the draft statement is in accordance with the EIS guidelines.
Period for comment
(3) The period specified in the invitation to comment must be the period specified in writing given by the Minister to the designated proponent. The Minister must not specify a period of less than 20 business days.
104 Finalising environmental impact statement
(1) After the end of the period specified in the invitation to comment under section 103, the designated proponent must finalise the draft environmental impact statement.
(2) The finalised statement must:
(a) take account of any comments received within the period for comment; and
(b) contain a summary of any such comments and how those comments have been addressed.
(3) As soon as practicable after finalising the draft statement, the designated proponent must give the Minister:
(a) the finalised statement; and
(b) either:
(i) a copy of any comments received within the period for comment; or
(ii) if no comments were received within that period—a written statement to that effect.
(3A) The designated proponent is taken not to have given the Minister the documents required under subsection (3) if the required fee has not been paid.