4Guidelines for assessment

4  Guidelines for assessment

 4.01 For an assessment approach corresponding to assessment by public environment report under Division 5 of Part 8 of the Act or environmental impact statement under Division 6 of Part 8 of the Act:

 (a) the decision‑maker prepares written guidelines for the assessment; or

 (b) the guidelines for the assessment are those prepared in writing by a State or Territory agency or authority for assessment of all actions in the class of action for which the assessment is required.

 4.02 The decision‑maker seeks public comment, if appropriate, on the guidelines before they are made.

 4.03 The guidelines are designed to ensure that the assessment:

 (a) assesses all the relevant impacts of the action; and

 (b) provides enough information about the action and its relevant impacts to allow the Minister to make an informed decision whether to approve the action; and

 (c) addresses the matters mentioned in Division 5.2 for an environmental impact statement or a public environment report.

 4.04 For an assessment approach corresponding to assessment by inquiry under Division 7 of Part 8 of the Act:

 (a) persons are appointed to carry out the inquiry; and

 (b) the persons are given terms of reference to ensure that the inquiry:

 (i) assesses all relevant impacts of the action; and

 (ii) provides enough information about the action and its relevant impacts for the Minister to make an informed decision whether to approve the action; and

 (c) the terms of reference are published; and

 (d) the people appointed to conduct the inquiry are independent and have sufficient power to investigate the action adequately; and

 (e) hearings held as part of the inquiry are conducted in public except so far as the people appointed to conduct the inquiry believe that it is in the public interest that all or part of the hearings be held in private.