ENVIRONMENT PROTECTION REGULATIONS 2020

1 Citation These Regulations may be cited as the Environment Protection Regulations 2020.

2 Commencement These Regulations commence on the day on which section 17 of the Environment Protection Act 2019 commences.

3 Definitions In these Regulations: amend includes substitute. approval holder initiated EIS referral means a referral mentioned in regulation 215. Commonwealth Act means the Environment Protection and Biodiversity Conservation Act 1999 (Cth). director, in relation to a body corporate, includes a person concerned in the management of the body corporate. EAA referred action, see regulation 212A. EIS means environmental impact statement. environmental (mining) licence matter, for Part 12, Division 1, Subdivision 2A, see regulation 269A. environmental work means any of the following: (a) preparing environmental impact assessment documents and amending documents;

Environment Protection Regulations 2020 2 (b) providing an independent review of environmental impact assessment documents and information; (c) providing advice on the environmental impact assessment process; (d) undertaking any investigation under the Act or these Regulations; (e) preparing or reviewing any other document required under the Act or these Regulations. fit and proper person, for Part 9, see regulation 235. infringement notice, see regulation 257. infringement notice offence, see regulation 256(1). inquiry panel means a panel appointed under regulation 150(1). method of environmental impact assessment, see regulation 5. non-assessed action, see regulation 212A. non-assessed strategic proposal, see regulation 212A. prescribed amount, see regulation 256(2). proponent initiated EIS referral means a referral mentioned in regulation 43. referred action means a proposed action referred to the NT EPA under section 48 or 50(2)(c) of the Act for standard assessment. referred significant variation means: (a) a proposed significant variation of an action notified under section 51(1) of the Act; or (b) a proposed significant variation of a strategic proposal notified under section 51(2) of the Act; or (c) a proposed significant variation of an action that has been referred to the NT EPA under section 52(1) of the Act. referred strategic proposal means a strategic proposal referred to the NT EPA under section 49 of the Act for strategic assessment. specified period, for Part 12, Division 2, Subdivision 3, see regulation 279A.

Environment Protection Regulations 2020 3 submission period, for Part 12, Division 2, Subdivision 1A, see regulation 277A. terms of reference, in relation to an environmental impact assessment, means: (a) the terms of reference approved under Part 5, Division 3 or

Part 7 for the assessment; or (b) if the terms of reference are amended under these Regulations – the terms of reference as amended.

4 Meaning of significant environmental harm For section 9(b) of the Act, the amount prescribed is $50 000.

5 Methods of environmental impact assessment (1) The methods of environmental impact assessment that may be required for a referred action, a referred strategic proposal or a referred significant variation are: (a) assessment by referral information; or (b) assessment by supplementary environmental report; or (c) assessment by environmental impact statement; or (d) assessment by inquiry. (2) An assessment by inquiry may be carried out separately or with any other method of environmental impact assessment. (3) An assessment by inquiry that is carried out with another method of assessment must not duplicate any matters being assessed by that other method.

6 Fit and proper person (1) For section 62(1)(b) or 124R(1)(b) of the Act, the following matters are prescribed: (a) whether, in the Minister's opinion, the person is of good repute, having regard to character, honesty and integrity; (b) if the person is a body corporate – whether, in the Minister's opinion, each director of the body corporate is of good repute, having regard to character, honesty and integrity;

Environment Protection Regulations 2020 4 (c) if the person is a member of a partnership – whether, in the Minister's opinion, each member of the partnership is of good repute, having regard to character, honesty and integrity. (2) If the Minister has regard to the matters in section 62(1)(a) or 124R(1)(a) of the Act in relation to a person that is a body corporate, the following additional matters are prescribed for section 62(1)(b) or 124R(1)(b) of the Act: (a) whether the Minister believes on reasonable grounds that a director of the body corporate: (i) has contravened a law of the Territory or another jurisdiction that relates to the physical or biological environment, including matters relating to pollution, biodiversity, natural resources, planning, development or waste; or (ii) has contravened a law of the Territory or another jurisdiction that relates to heritage, health or cultural matters, including matters relating to sacred sites; or (iii) has contravened a law of the Territory or another jurisdiction that relates to work health and safety; or (iiia) has contravened a law of the Territory under which a tax or royalty is payable to the Territory; or (iv) has committed an offence against any law of the Territory or another jurisdiction that involves an element of fraud or dishonesty; or (v) has behaved or is likely to behave in a way that is inconsistent with the person's duties as an approval holder or a mining operator (as the case requires); (b) whether the Minister believes on reasonable grounds that a director of the body corporate is or has been the director of another body corporate that has engaged in conduct of a kind mentioned in paragraph (a); (c) if the body corporate is the subsidiary of another body or company (the parent company) – whether the Minister believes on reasonable grounds that: (i) the parent company or a director of the parent company has engaged in conduct of a kind mentioned in paragraph (a); or

Environment Protection Regulations 2020 5 (ii) a director of the parent company is or has been the director of another body corporate that has engaged in conduct of a kind mentioned in paragraph (a). (3) Subregulation (2) does not apply in relation to conduct by a person to the extent that the Minister, having regard to the following matters, considers that the conduct should not be taken into account: (a) the seriousness of the conduct; (b) the length of time since the conduct occurred; (c) any other matters that appear relevant to the Minister. (4) For sections 62(1)(b) and 124R(1)(b) of the Act, the following additional matters are prescribed: (a) whether the person, during the previous 3 years: (i) was an undischarged bankrupt; or (ii) applied to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (iii) compounded with the person's creditors or made an assignment of the person's remuneration for their benefit; (b) whether the person is or was a director of a body corporate: (i) that is the subject of a winding up order; or (ii) for which a controller or administrator has been appointed during the previous 3 years; (c) if the person is a body corporate – whether the body corporate: (i) is the subject of a winding up order; or (ii) has had a controller or administrator appointed during the previous 3 years; (d) whether, in the Minister's opinion, the person has the financial capacity to comply with the person's obligations under the environmental approval; (e) whether, in the Minister's opinion, actions or things authorised by the environmental approval will be carried out by a technically competent person.

Environment Protection Regulations 2020 6 (5) If the Minister is considering, under Part 5 of the Act, whether a person is a fit and proper person to hold an environmental approval, the person must provide to the NT EPA or the Minister any information required by the NT EPA or the Minister for that consideration. (6) If the Minister is considering, under Part 5A of the Act, whether the person is a fit and proper person to hold an environmental (mining) licence, the person must give the Minister any information required by the Minister for that consideration.

7 Purpose of Division This Division sets out processes for preparing the following: (a) the declaration of an environmental objective under section 28 of the Act; (b) the declaration of a referral trigger under section 30 of the Act; (c) a review of environmental objectives and referral triggers under section 32 of the Act; (d) the amendment of an environmental objective or referral trigger under section 33 of the Act; (e) the revocation of an environmental objective or referral trigger under section 33 of the Act.

8 Application of Subdivision This Subdivision applies if the Minister proposes to declare:

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9 Draft declaration to be prepared The Minister must prepare a draft declaration of the environmental objective or referral trigger. 10 Consultation with NT EPA declaration. 11 Public consultation under regulation 9. 12 Decision on draft declaration (a) the comments of the NT EPA on the draft declaration; and (b) any written comments received on the draft declaration within regulation 11. (a) to declare the environmental objective or referral trigger; or (b) to amend the draft environmental objective or referral trigger and declare the amended objective or trigger; or (c) not to declare the environmental objective or referral trigger.

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13 Application of Subdivision This Subdivision applies if the Minister proposes to review the environmental objectives and referral triggers.

14 Consultation with NT EPA The Minister must consult with the NT EPA in relation to the review of the environmental objectives and referral triggers.

15 Public consultation (1) The Minister must publish a notice of the review of the environmental objectives and referral triggers. (2) The notice must invite interested persons to make written comments to the Minister on the review within the period specified

16 Decision on review (a) the comments of the NT EPA on the review; and (b) any written comments received on the review within the comment period specified in the notice under regulation 15. (a) that a new or amended environmental objective or referral trigger is required; or (b) that the existing environmental objectives and referral triggers are to remain unchanged. (3) The Minister must publish a decision and a statement of reasons for the decision under subregulation (2) as soon as practicable after the decision is made. (4) Subdivision 2 applies to the declaration of a new environmental objective or referral trigger after a review. (5) Subdivision 4 applies to the amendment of an environmental objective or referral trigger after a review.

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17 Application of Subdivision (1) This Subdivision applies if the Minister proposes to amend: (2) This Subdivision does not apply to an administrative amendment.

18 Draft amendment declaration to be prepared The Minister must prepare a draft amendment declaration to amend the environmental objective or referral trigger.

19 Consultation with NT EPA amendment declaration.

20 Public consultation (1) The Minister must publish a notice of the draft amendment declaration prepared under regulation 18. (a) state where the draft amendment declaration, and a statement of reasons for the draft amendment declaration, may be Minister on the draft amendment declaration within the period

21 Decision on draft amendment declaration (a) the comments of the NT EPA on the draft amendment declaration; and (b) any written comments received on the draft amendment declaration within the comment period specified in the notice under regulation 20.

Environment Protection Regulations 2020 10 (a) to declare the amendment to the environmental objective or referral trigger; or (b) to amend the draft amendment declaration and declare the amendment to the environmental objective or referral trigger as so amended; or (c) not to declare the amendment to the environmental objective or referral trigger.

22 Application of Subdivision (1) This Subdivision applies if the Minister proposes to revoke: (2) This Subdivision does not apply to an amendment that substitutes an environmental objective or referral trigger.

23 Draft revocation to be prepared The Minister must prepare a draft revocation of the environmental objective or referral trigger.

24 Consultation with NT EPA revocation.

25 Public consultation (1) The Minister must publish a notice of the draft revocation prepared under regulation 23. (a) state where the draft revocation, and a statement of reasons for the draft revocation, may be inspected and obtained; and Minister on the draft revocation within the period specified in

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26 Decision on draft revocation (a) the comments of the NT EPA on the draft revocation; and (b) any written comments received on the draft revocation within regulation 25. (a) to revoke the environmental objective or referral trigger; or (b) not to revoke the environmental objective or referral trigger and to declare an amendment to the objective or trigger instead; or (c) not to revoke the environmental objective or referral trigger.

Division 2 Protected environmental areas and prohibited actions

27 Purpose of Division (1) This Division sets out processes for preparing the following: (a) a permanent declaration of a protected environmental area under section 36 of the Act; (b) a declaration of a prohibited action or a class of prohibited actions under section 38 of the Act; (c) a revocation of a declaration under section 39 of the Act. (2) This Division does not apply to an administrative amendment.

Subdivision 2 Process for declaring protected environmental area or prohibited action Environment Protection Regulations 2020 12 Subdivision 2 Process for declaring protected environmental area or prohibited action 28 Application of Subdivision This Subdivision applies if the Minister proposes to declare: (a) an area of land to be a protected environmental area; or (b) a prohibited action or a class of prohibited actions.

29 Draft declaration to be prepared The Minister must prepare: (a) a draft permanent declaration of the protected environmental area; or (b) a draft declaration of the prohibited action or a class of prohibited actions. 30 Consultation with NT EPA declaration. 31 Public consultation under regulation 29. 32 Decision on draft declaration (a) the comments of the NT EPA on the draft declaration; and

Subdivision 4 Process for revoking permanent declaration of area or declaration of action Environment Protection Regulations 2020 13 (b) any written comments received on the draft declaration within regulation 31. (a) to declare the protected environmental area or the prohibited action or class of prohibited actions; or (b) to amend the draft declaration and declare the protected environmental area or the prohibited action or class of prohibited actions in accordance with the amended draft declaration; or (c) not to declare the protected environmental area or the prohibited action or class of prohibited actions. (3) The Minister must make reasonable efforts to advise any owner or occupier of land in the protected environmental area of the making of the permanent declaration of the area.

Subdivision 3 Process for revoking temporary declaration of area

33 Consultation with NT EPA The Minister must consult with the NT EPA and consider the comments of the NT EPA before revoking a temporary declaration in whole or in part under section 39(1) of the Act. Subdivision 4 Process for revoking permanent declaration of area or declaration of action

34 Application of Subdivision This Subdivision applies if the Minister proposes to revoke: (a) the permanent declaration of a protected environmental area; or (b) the declaration of a prohibited action or class of prohibited actions.

35 Draft revocation declaration to be prepared The Minister must prepare a draft revocation of: (a) the permanent declaration of a protected environmental area; or

Subdivision 4 Process for revoking permanent declaration of area or declaration of action Environment Protection Regulations 2020 14 (b) the declaration of a prohibited action or class of prohibited actions.

36 Consultation with NT EPA revocation.

37 Public consultation (1) The Minister must publish a notice of the draft revocation prepared under regulation 35. (a) state where the draft revocation, and a statement of reasons for the draft revocation, may be inspected and obtained; and Minister on the draft revocation within the period specified in

38 Decision on draft revocation (a) the comments of the NT EPA on the draft revocation; and (b) any written comments received on the draft revocation within regulation 37. (a) to revoke: (i) the permanent declaration of the protected environmental area; or (ii) the declaration of the prohibited action or class of prohibited actions; or (b) not to revoke the declaration of the protected environmental area or prohibited action or class of prohibited actions and to declare an amendment to the declaration instead; or (c) not to revoke the declaration of the protected environmental area or prohibited action or class of prohibited actions.

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Part 4 Referrals of proposed actions and strategic proposals

39 Purpose of Part This Part sets out processes for considering and dealing with the following: (a) a referral of a proposed action for a standard assessment under section 48 or 50(2)(c) of the Act; (b) a referral of a strategic proposal for a strategic assessment under section 49 of the Act.

40 Additional information about referral (1) On receipt of a referral of a proposed action for a standard assessment under section 48 or 50(2)(c) of the Act or a strategic proposal for a strategic assessment under section 49 of the Act, the NT EPA may direct the proponent to give it additional information in relation to the referral, within a specified period. (a) a material omission from the referral; and (b) required to enable the NT EPA to properly consider the referral and whether it is required to be made. (3) A direction must be given within 10 business days after the NT EPA receives the referral. period for the NT EPA to make a decision on the referral under regulation 44, 45 or 46 ceases to run until the information is given.

41 Decision not to proceed with referral process (1) The NT EPA may decide not to proceed with a referral of a proposed action or strategic proposal if the NT EPA has directed the proponent to give it additional information under regulation 40 and the proponent has failed to give that information within the period specified in that direction.

Environment Protection Regulations 2020 16 (2) The NT EPA must give written notice to the proponent of a decision under subregulation (1).

42 Show cause process (1) The NT EPA must not make a decision under regulation 41 unless the NT EPA has first complied with this regulation. (a) stating the NT EPA's intention not to proceed with the referral of the proposed action or strategic proposal; and (b) asking the proponent to show cause why the referral should proceed. the show cause notice in making a decision under regulation 41.

43 Proponent initiated EIS referral A proponent may include in a referral of a proposed action for a standard assessment under section 48 or 50(2)(c) of the Act or a strategic proposal for a strategic assessment under section 49 of the Act: (a) draft terms of reference for an assessment by environmental impact statement for the proposed action or strategic proposal; and (b) a statement of reasons why: (i) an assessment by environmental impact statement is required for the proposed action or strategic proposal; and (ii) the draft terms of reference are appropriate.

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44 Decision whether to accept referral for standard assessment (1) The NT EPA must accept or refuse to accept a referral of a proposed action for a standard assessment under section 48 or 50(2)(c) of the Act within 15 business days after the referral is within the required period, the referral is taken to be accepted. regulation 41 not to proceed with the referral.

45 Decision in relation to referral for strategic assessment (1) The NT EPA may accept a referral of a strategic proposal for a strategic assessment under section 49 of the Act if it considers it appropriate to do so. (2) The NT EPA must make a decision whether to accept or refuse to accept a referral of a strategic proposal for a strategic assessment under section 49 of the Act within 15 business days after the referral is made. regulation 41 not to proceed with the referral.

46 Decision on proponent initiated EIS referral If a referral of a proposed action or strategic proposal includes the matters mentioned in regulation 43(a) and (b), the NT EPA may decide to accept the referral as a proponent initiated EIS referral.

47 General grounds for refusal to accept referral The NT EPA may refuse to accept a referral of a proposed action for a standard assessment under section 48 or 50(2)(c) of the Act or a strategic proposal for a strategic assessment under section 49 of the Act if the NT EPA considers that the referral:

Environment Protection Regulations 2020 18 (d) was not required to be made.

47A Grounds for refusal to accept referral for standard assessment The NT EPA may refuse to accept a referral of a proposed action for a standard assessment under section 48 or 50(2)(c) of the Act if the NT EPA considers that the referral: (b) is of a proposed action of a kind that will be assessed through the assessment of a strategic proposal that has been referred for assessment; or (c) is of a proposed action that has been assessed as part of a strategic assessment.

48 Ground for refusal to accept referral for strategic assessment (1) Without limiting regulation 47, the NT EPA may refuse to accept a referral of a strategic proposal for a strategic assessment if it considers that a standard assessment is more appropriate. (2) If the NT EPA refuses to accept a referral of a strategic proposal for a strategic assessment, it may accept the referral as a referral of a proposed action for a standard assessment.

49 Ground for refusal to accept referral as proponent initiated EIS referral (1) Without limiting regulation 47 or 48, the NT EPA may refuse to accept a referral as a proponent initiated EIS referral if the NT EPA considers that an assessment by environmental impact statement is unlikely to be required for the proposed action or strategic proposal. (2) If the NT EPA refuses to accept a referral as a proponent initiated EIS referral, it may accept the referral as a referral for a standard assessment or strategic assessment.

50 Notice to proponent of decision (1) The NT EPA must give notice of a decision under regulation 44, 45 or 46 to the proponent. (a) a statement that the referral has been accepted or refused;

Environment Protection Regulations 2020 19 the referral relates; (d) the nature of the proposed action or strategic proposal to which the referral relates. (3) If the NT EPA refuses to accept a referral, the NT EPA must give the proponent a statement of reasons for the decision. referral, the statement of reasons must be given to the proponent as soon as practicable after the decision is made.

51 Publication of documents (b) if the decision is to refuse to accept the referral – the statement of reasons for the decision. (2) If the referral is accepted, the NT EPA must also publish the following as soon as practicable after the decision is made: (a) a copy of the accepted referral; (b) any direction given under regulation 40; given under regulation 40; (d) for an accepted proponent initiated EIS referral – the draft terms of reference and statement of reasons provided under regulation 43.

52 Public consultation (1) If the referral is accepted, the NT EPA must publish a notice: (a) advising where the documents mentioned in regulation 51 EPA on the referral within the period specified in the notice.

Environment Protection Regulations 2020 20 (2) The submission period is to be: (a) for a referral for a standard assessment that is not an accepted proponent initiated EIS referral – 20 business days after the date of the notice; or (b) for a referral for a standard assessment that is an accepted proponent initiated EIS referral – 30 business days after the date of the notice; or (c) for a referral for a strategic assessment that is not an accepted proponent initiated EIS referral – 30 business days after the date of the notice; or (d) for a referral for a strategic assessment that is an accepted proponent initiated EIS referral – 40 business days after the date of the notice.

53 Consultation with government authorities If the referral is accepted, the NT EPA must: view on the referral; and NT EPA about the referral within the submission period

54 Application of Division This Division applies if either of the following is accepted under Division 2: (a) a referral of a proposed action for a standard assessment under section 48 or 50(2)(c) of the Act; (b) a referral of a strategic proposal for a strategic assessment under section 49 of the Act.

55 NT EPA to consider accepted referral The NT EPA must consider whether the proposed action or strategic proposal specified in the accepted referral requires an environmental impact assessment.

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56 Matters NT EPA must consider Before making a decision or recommendation under regulation 57 or 58, the NT EPA must consider the following: (a) the accepted referral; regulation 40; (c) any submissions made under regulation 52 or 53.

57 Decision or recommendation on accepted referral except proponent initiated EIS referral (1) This regulation does not apply to a proponent initiated EIS referral. (2) The NT EPA may, in relation to an accepted referral: required; or (i) that a standard assessment is required; and (c) in the case of a referred strategic proposal – recommend to the Minister: (i) that a strategic assessment be carried out; and (d) recommend to the Minister that the Minister refuse to grant (3) A decision or recommendation under this regulation must be made within 30 business days after the end of the submission period (4) The required period for the NT EPA to make a decision or recommendation under this regulation ceases to run during the period of any consultation required under regulation 60, 61 or 62.

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58 Decision or recommendation on proponent initiated EIS referral (1) The NT EPA may, in relation to a proponent initiated EIS referral: required; or (i) that a standard assessment is required; and (ii) that the required method of environmental impact assessment is an assessment by environmental impact statement; or (c) decide: (i) that a standard assessment other than an assessment by environmental impact statement is required; and (d) in the case of a referred strategic proposal – recommend to the Minister: (i) that a strategic assessment be carried out; and (e) recommend to the Minister that the Minister refuse to grant (2) A decision or recommendation under this regulation must be made within 35 business days after the end of the submission period (3) The required period for the NT EPA to do any of the following in relation to a proponent initiated EIS referral ceases to run during the period of any consultation required under regulation 60, 61 or 62: (a) make a decision or recommendation under subregulation (1); (b) give a direction under regulation 119(2); (c) approve terms of reference for an assessment by environmental impact statement under regulation 104(3).

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59 Method of environmental impact assessment In deciding or recommending a method of environmental impact assessment of a proposed action or strategic proposal under regulation 57 or 58, the NT EPA must consider the following criteria: (a) the significance of the potential impact of the proposed action or the strategic proposal; (b) the level of confidence in predicting potential significant impacts of the proposed action or strategic proposal taking into account the extent and currency of existing knowledge; (c) the level of confidence in the effectiveness of any proposed measures identified in the referral to avoid, mitigate or manage potential significant impacts of the proposed action or (d) the extent of community engagement that has occurred in relation to the proposed action or strategic proposal; (e) the capacity of communities and individuals likely to be affected to access and understand information about the proposed action or strategic proposal and its potential significant impacts.

60 Consultation on assessment by inquiry Before deciding or recommending a method of environmental impact assessment that is, or includes, an assessment by inquiry, the NT EPA must: (a) consult with the Minister and consider the Minister's views; and (b) consult with the proponent and consider any written specified in writing by the NT EPA.

61 Consultation on proposed recommendation for strategic Before making a recommendation under regulation 57(2)(c) or 58(1)(d), the NT EPA must consult with the Minister and consider the Minister's views.

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62 Consultation on proposed recommendation to refuse environmental approval (1) Before making a recommendation under regulation 57(2)(d) or 58(1)(e), the NT EPA must: (a) consult with the proponent; and (b) consider any written submission received from the proponent within the period specified in writing by the NT EPA. (2) The NT EPA may only make a recommendation under regulation 57(2)(d) or 58(1)(e) if it considers that the action is unacceptable because it is likely to have significant impacts that cannot be appropriately avoided, mitigated or managed.

63 Statement of reasons (1) The NT EPA must prepare a statement of reasons for a decision or recommendation under regulation 57 or 58. (2) The statement of reasons for a decision under regulation 57(2)(b) or 58(1)(b) or (c) must specify the reasons for the required method of environmental impact assessment. (3) The statement of reasons for a recommendation under regulation 57(2)(c) or 58(1)(d) must specify the reasons for the recommendation and the recommended method of environmental impact assessment.

64 Notice to proponent of decision or recommendation (a) notice of a decision or recommendation under regulation 57 or 58; and (2) The notice and statement of reasons must be given as soon as practicable after the decision or recommendation is made.

65 Notice of decision or recommendation to be published the decision or recommendation under regulation 57 or 58 is made:

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66 Minister's decision on recommendation (1) If the NT EPA recommends to the Minister under regulation 57(2)(c) or 58(1)(d) that a strategic assessment be carried out, the Minister may: (a) accept the recommendation for the strategic assessment and the proposed method of environmental impact assessment; or (b) if the recommendation is for a strategic assessment that is, or includes, an assessment by inquiry – accept the recommendation for the strategic assessment and direct the NT EPA to decide a different method of assessment; or (c) refuse to accept the recommendation for the strategic assessment and direct the NT EPA to carry out a standard assessment of the proposed action. (2) If the NT EPA recommends to the Minister under regulation 57(2)(d) or 58(1)(e) that the Minister refuse to grant environmental approval for a proposed action or strategic proposal, the Minister may: (a) accept the recommendation and decide to refuse to grant proposal; or (b) direct the NT EPA to carry out: (i) a standard assessment of the proposed action; or (ii) a strategic assessment of the strategic proposal.

67 Consultation on proposal to refuse to grant environmental approval (1) If the Minister proposes to refuse to grant an environmental approval for a proposed action or strategic proposal under regulation 66(2)(a), the Minister must: (a) make reasonable efforts to obtain the views of any statutory decision-maker who the Minister considers may have a view on the matter; and (b) consider any written comments received from the statutory decision-maker within the time specified in writing by the Minister.

Environment Protection Regulations 2020 26 (2) The required period under regulation 69 for the Minister to make a decision under regulation 66(2) ceases to run during any period that the Minister carries out a consultation under subregulation (1).

68 Show cause process (1) The Minister must not refuse to grant an environmental approval for a proposed action or strategic proposal under regulation 66(2)(a) unless the Minister has first complied with this regulation. (2) The Minister must give written notice (a show cause notice) to the (a) stating the Minister's intention to refuse to grant the environmental approval; and (b) asking the proponent to show cause why the recommendation of the NT EPA under regulation 57(2)(d) or 58(1)(e) should not be accepted. (5) The Minister must consider any response given by the proponent to the show cause notice in making a decision under regulation 66(2). (6) The required period under regulation 69 for the Minister to make a decision under regulation 66(2) ceases to run from the date of the show cause notice until the date by which the proponent may show cause.

69 Time for making decision (1) The Minister must make a decision under regulation 66(1) within 20 business days after receiving the recommendation under regulation 57(2)(c) or 58(1)(d). (2) If the Minister does not make a decision under regulation 66(1) within the required period: (a) the Minister is taken to have made a decision accepting the NT EPA recommendation; and (b) the method of environmental impact assessment recommended by the NT EPA is taken to be the required method of environmental impact assessment.

Environment Protection Regulations 2020 27 (3) The Minister must make a decision under regulation 66(2) within 30 business days after receiving the recommendation under regulation 57(2)(d) or 58(1)(e). (4) If the Minister does not make a decision under regulation 66(2) within the required period, the Minister is taken to have made a decision refusing to grant environmental approval for the proposed

70 Statement of reasons (1) The Minister must prepare a statement of reasons for a decision under regulation 66. (2) The statement of reasons may refer to or adopt the recommendation of the NT EPA under regulation 57(2)(c) or (d) or 58(1)(d) or (e).

71 Notice of decision (1) The Minister must give notice of a decision under regulation 66 and the statement of reasons for the decision to: (a) the NT EPA; and (b) the proponent. (2) The notice and statement of reasons must be given as soon as practicable after the decision is made. (3) The Minister must publish the following as soon as practicable after a decision is made under regulation 66: (4) If a decision is taken to be made under regulation 69(2) or (4), the NT EPA must, as soon as practicable after the decision is made: (a) publish a statement that the decision was made under regulation 69(2) or (4) (as the case requires); and (b) give the proponent a copy of that statement.

72 Decision to direct different method of assessment (1) This regulation applies if the Minister directs the NT EPA under regulation 66(1)(b) to decide a different method of assessment for a strategic assessment.

Environment Protection Regulations 2020 28 (2) The NT EPA must decide a different method of environmental impact assessment for the strategic assessment within 15 business days after being advised of the Minister's direction. (3) Regulation 59 applies to the consideration of the method of environmental impact assessment under subregulation (2).

73 Decision to direct standard or strategic assessment (1) This regulation applies if the Minister directs the NT EPA: (a) under regulation 66(1)(c) to carry out a standard assessment; or (b) under regulation 66(2)(b) to carry out a standard assessment or strategic assessment. (2) The NT EPA must carry out the assessment unless the proponent withdraws from the assessment process under regulation 94. (3) The NT EPA must decide the method of environmental impact assessment for the standard assessment or strategic assessment within 15 business days after being advised of the Minister's direction. (4) Regulations 59 and 60 apply to the consideration of the method of environmental impact assessment under subregulation (3). (5) The required period for the NT EPA to make a decision under subregulation (3) ceases to run during the period of any consultation required under regulation 60.

74 Effect of decision to refuse environmental approval If the Minister makes a decision to refuse to grant an environmental approval for a proposed action or strategic proposal under regulation 66(2)(a), the proponent is not eligible to refer the same or substantially the same proposed action or strategic proposal to the NT EPA under Part 4, Division 3 of the Act for the period of 2 years after the decision is made.

75 Notice of decision (1) The NT EPA must give notice of a decision under regulation 72 or 73 to the proponent as soon as practicable after the decision is (2) The NT EPA must publish the notice of decision under regulation 72 or 73 as soon as practicable after the decision is

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Division 1 Purpose of Part

76 Purpose of Part This Part sets out the processes for an environmental impact assessment that is required under: (a) Part 4; or (b) subject to that Part – Part 7. Division 2 General provisions for environmental impact

77 NT EPA must consider environmental objectives The NT EPA must consider the environmental objectives in carrying out an environmental impact assessment.

78 Proponent must consider environmental objectives A proponent must consider the environmental objectives when doing anything required of the proponent under an environmental impact assessment process.

79 Matters that may be included in environmental impact The matters to be included in an environmental impact assessment may include all or any of the following: (a) an assessment that considers the potential impact of a proposed action or strategic proposal on the biological or physical environment (a biological or physical environment assessment); (b) an assessment that considers the potential impacts of a proposed action or strategic proposal on human health or wellbeing (a health impact assessment); (c) an assessment that considers the potential impact of a proposed action or strategic proposal on communities (including Aboriginal communities) or on individuals (a social impact assessment);

Environment Protection Regulations 2020 30 (d) an assessment that considers the potential impact of a proposed action or strategic proposal on the natural and cultural values of an area, including Aboriginal cultural values and sacred sites and the Territory's natural and built heritage (a cultural impact assessment); (e) an assessment that considers the potential economic costs and benefits of a proposed action or strategic proposal to the Territory or to a regional or local area of the Territory (an economic assessment); (f) an assessment that considers the potential cumulative impacts of a proposed action or strategic proposal and takes into account the combined impact of the action or proposal and other actions (a cumulative impact assessment): (i) for which environmental approval has been granted; or (ii) which are the subject of environmental impact (iii) for which an approval (however described) has been given under another enactment; or (iv) for which an application for approval (however described) is being assessed under another enactment; or (v) that are occurring or proposed in or near the area of the proposed action or strategic proposal.

80 Health impact assessment (1) The NT EPA must consult with the Chief Health Officer before requiring a health impact assessment. (2) A health impact assessment must be carried out in accordance with any guidelines specified for this subregulation by the Chief Health Officer.

81 Social impact assessment A social impact assessment must be carried out in accordance with any guidelines specified for this regulation by the Minister responsible for social policy.

Environment Protection Regulations 2020 31

82 Cultural impact assessment A cultural impact assessment must be carried out in accordance with any guidelines specified for this regulation by the relevant Minister responsible for preserving the values, sites or heritage that may be subject to that impact.

83 Additional information during environmental impact (1) The NT EPA may direct the proponent to give the NT EPA, within a specified period, any additional information that the NT EPA considers is reasonably necessary to carry out an environmental impact assessment to meet the objects of the Act. (2) A direction to give information may include a direction to the proponent to give the NT EPA draft terms of reference for an assessment by environmental impact statement. (3) A direction to give information may be made at any time during the carrying out of the environmental impact assessment. period for the NT EPA to make a decision or take any action in relation to the environmental impact assessment ceases to run until the later of the following occurs: (a) the information is given; (b) if applicable – the end of the submission period specified in the notice under regulation 85. (5) This regulation does not apply to an assessment by referral information. (6) This regulation does not limit the operation of regulation 124 or 143.

84 Publication of documents and information they are given: (a) a direction under regulation 83; (b) the information and any draft terms of reference for the assessment given in response to the direction.

Environment Protection Regulations 2020 32

85 Public consultation (1) The NT EPA may publish a notice of a direction under regulation 83, if the NT EPA considers it appropriate to invite submissions. (2) The NT EPA must publish a notice of a direction under regulation 83 if the NT EPA has directed the proponent to provide draft terms of reference for the assessment. (3) A notice under subregulation (1) or (2) must: (a) state where the direction and information and any draft terms of reference for the assessment given in response to the direction may be inspected and obtained; and on the direction and information and, if applicable, the draft terms of reference for the assessment within the period (4) The submission period must be not less than 15 business days (5) The notice must be published as soon as practicable after the proponent gives the information and any draft terms of reference for the assessment to the NT EPA under regulation 83(1).

86 Power to obtain advice (1) The NT EPA may engage or request a person or body that the NT EPA considers is suitably qualified to give advice in relation to any material, information or documents given to the NT EPA during an environmental impact assessment process. (2) The NT EPA must consult with the proponent before engaging a person or body under subregulation (1) if the NT EPA proposes that the proponent is to be required to pay the costs of that engagement. Note for regulation 86(2) Regulation 280(1) empowers the CEO to recover these costs from the proponent.

Environment Protection Regulations 2020 33

87 Direction to proponent to obtain independent review (1) The NT EPA may direct the proponent to include in the material, information or documents given to the NT EPA as part of an environmental impact assessment process an independent review by a person in a specified class of qualified reviewer of: (a) one or more elements of the proposed action or strategic proposal; and (b) the management response proposed by the proponent to manage those elements. qualified reviewer means: (a) a qualified person; or (b) a person, or a class of persons, who have the qualifications and experience determined by the NT EPA for the purpose of this definition.

Subdivision 2 Suspension and termination of assessment

88 Suspension of assessment process on referral to Commonwealth process for a proposed action or strategic proposal if: (a) the NT EPA reasonably considers that the proposed action or strategic proposal may have an impact on a matter of national environmental significance; and (b) the proponent is required, or is likely to be required, to refer the proposed action or strategic proposal to the relevant Commonwealth Minister under the Commonwealth Act; and (c) the proposed action or strategic proposal: (i) has not been so referred; or (ii) has been referred and the Commonwealth Minister has not made a decision on the proposed action or strategic proposal, the assessment process under the Commonwealth Act or the matters to be included in the

Environment Protection Regulations 2020 34 (2) The NT EPA must recommence the environmental impact assessment process within 10 business days after the NT EPA is notified of the last of the following: (a) the Commonwealth Minister's decision on the referral; (b) if applicable – the assessment process under the Commonwealth Act; (c) the matters to be included in the assessment process.

88A Suspension of standard assessment process (1) The NT EPA may suspend an environmental impact assessment process for a standard assessment of a proposed action at any time if the NT EPA considers that the proposed action: (b) is of a kind that will be assessed through the assessment of a strategic proposal that has been referred for assessment. (2) If the NT EPA suspends an environmental impact assessment process under subregulation (1), the NT EPA must recommence the assessment process within 10 business days after the Minister: (a) grants an environmental approval for the strategic proposal; or (b) issues a statement of unacceptable impact for the strategic (3) Subject to subregulation (2), if the NT EPA suspends an environmental impact assessment process under subregulation (1), the NT EPA may recommence the assessment process at any time.

89 Suspension of assessment process at request of proponent process for a proposed action or strategic proposal at any time at the request of the proponent. (2) If the NT EPA suspends an environmental impact assessment process at the request of a proponent, the NT EPA must recommence the assessment process within 10 business days after receiving a request from the proponent to do so.

Environment Protection Regulations 2020 35

90 Suspension of assessment process pending receipt of advice (1) This regulation applies if the NT EPA engages or requests a person or body under regulation 86 to give advice. (2) The NT EPA may suspend the environmental impact assessment process until the advice is given. (3) If the NT EPA suspends an environmental impact assessment process under subregulation (2), the NT EPA must recommence the assessment process within 10 business days after receiving the advice.

91 Effect of suspension on required period to make decision If the NT EPA suspends an environmental impact assessment process under regulation 88, 88A, 89 or 90, the required period to complete the assessment process ceases to run during the period of suspension.

92 Termination of assessment process (1) The NT EPA may, by written notice to the proponent, terminate the environmental impact assessment process in relation to a proposed action or strategic proposal if: (a) the NT EPA has directed the proponent to give it additional information during the assessment process and the proponent has failed to give that information within the period specified in the direction; or (b) the proponent has failed to prepare a supplementary environmental report as required under Division 5; or (c) the proponent has failed to submit a draft environmental impact statement within the period specified in the terms of (d) the proponent has failed to prepare a supplement to an environmental impact statement as required under Division 6; or (e) the proponent has proposed variations to the proposed action or strategic proposal to an extent that the proposed action or strategic proposal as varied is no longer the same as that for which the original decision or recommendation in relation to the method of environmental impact assessment was made; or

Environment Protection Regulations 2020 36 (f) the proponent has requested the NT EPA to suspend the assessment process for the proposed action or strategic proposal and a period of 2 years has passed since that suspension and the assessment process has not recommenced. (1A) The NT EPA may, by written notice to the proponent, terminate the environmental impact assessment process for a standard assessment of a proposed action if the NT EPA considers that the proposed action: (b) is of a kind that will be assessed through the assessment of a strategic proposal that has been referred for assessment; or (c) has been assessed as part of a strategic assessment and the Minister has granted an environmental approval for the (2) The NT EPA must not issue a notice on a ground in subregulation (1)(a), (b), (c) or (d) in relation to an assessment by supplementary environmental report or by environmental impact statement unless a period of at least 12 months has passed since the last of the following that is applicable occurs in relation to the assessment: (a) the end of the period specified in the direction to give the information; (b) the end of the specified period for submitting the supplementary environmental report; (c) the end of the specified period for submitting the draft environmental impact statement; (d) the giving to the proponent of the direction to include information in the supplement. (3) The NT EPA may terminate the environmental impact assessment process for a proposed action or strategic proposal under this regulation even if the assessment process is suspended under regulation 88, 88A or 89. (4) This regulation does not apply to the termination of an assessment process under regulation 178 or 181.

Environment Protection Regulations 2020 37

93 Show cause process (1) The NT EPA must not terminate an environmental impact assessment process under regulation 92 unless the NT EPA has first complied with this regulation. (a) stating the NT EPA's intention to terminate the environmental impact assessment process; and (b) asking the proponent to show cause why the environmental impact assessment process should not be terminated. the show cause notice in making a decision under regulation 92.

94 Withdrawal from assessment process The proponent may, by written notice to the NT EPA, withdraw from an environmental impact assessment process. Subdivision 3 Reconsideration of method of environmental impact assessment

95 NT EPA may reconsider method of environmental impact (1) The NT EPA may reconsider the method of environmental impact assessment during the environmental impact assessment process for a proposed action or strategic proposal if: (a) any of the following circumstances apply: (i) substantial new information about the impacts of the proposed action or strategic proposal has become available and the NT EPA would have made a different decision or recommendation if that information had been available when the original decision or recommendation in relation to the method of environmental impact assessment was made;

Environment Protection Regulations 2020 38 (ii) there has been a substantial change in circumstances not foreseen when the original decision or recommendation in relation to the method of environmental impact assessment was made; (iii) the proposed action or strategic proposal was to have had an environmental impact assessment under a cooperative agreement under section 45 of the Act, but the cooperative agreement was cancelled before the assessment was carried out or completed; (iv) the proponent has proposed variations to the proposed action or strategic proposal to an extent that the proposed action or strategic proposal as varied is no longer the same as that for which the original decision or recommendation in relation to the method of environmental impact assessment was made; and (b) the NT EPA considers that it is necessary to reconsider the method of environmental impact assessment: (i) to meet the objects of the Act; and (ii) to achieve the purpose of the environmental impact assessment process set out in section 42 of the Act. (2) The NT EPA must not reconsider the method of environmental impact assessment under this regulation after: (a) the assessment report on the proposed action or strategic proposal has been completed; or (b) the environmental approval for the proposed action or strategic proposal has been granted. (2A) The NT EPA must not reconsider a determination that an environmental impact assessment is not required for the proposed action or strategic proposal if another statutory authorisation of the proposed action or the strategic proposal (other than an authorisation under section 58(3) of the Act) has been granted after that determination. (3) This regulation does not apply to a reconsideration of a method of environmental impact assessment in relation to a significant variation to which Part 7 applies.

Environment Protection Regulations 2020 39

96 Show cause process (1) The NT EPA must not decide a new method of environmental impact assessment under regulation 97 unless the NT EPA has first complied with this regulation. (a) stating the NT EPA's intention to decide a new method of environmental impact assessment; and (b) stating the NT EPA's reasons for that intention; and (c) asking the proponent to show cause why the method of environmental impact assessment should not be changed. the show cause notice in making a decision under regulation 97.

97 Decision on method of assessment (1) If the NT EPA reconsiders the method of environmental impact assessment under regulation 95(1), the NT EPA must either: (a) decide the new method of environmental impact assessment and direct the proponent to carry out the environmental impact assessment in accordance with that new assessment method; or (b) decide to continue the assessment with the existing assessment method. (2) Regulations 59 and 60 apply to the consideration of the method of environmental impact assessment under subregulation (1). (3) The NT EPA must make a decision under subregulation (2) within 15 business days after the earlier of the following occurs: (a) the receipt of the response of the proponent to the show cause notice under regulation 96; (b) the date specified under regulation 96 for the proponent to show cause.

Environment Protection Regulations 2020 40 (4) The required period for the NT EPA to make any decision or take any action in relation to the existing environmental impact assessment process ceases to run from the time the show cause notice is given under regulation 96 until a decision is made under subregulation (1).

98 Terms of reference (1) The NT EPA must prepare terms of reference for an environmental impact assessment that: (a) is an assessment by environmental impact statement; or (b) is, or includes, an assessment by inquiry. (2) Terms of reference may include any terms the NT EPA considers appropriate. (3) Subregulation (1) and regulations 100 to 103 do not apply if draft terms of reference for the assessment were published: (a) with an accepted proponent initiated EIS referral under regulation 51; or (b) under regulation 84. (4) Subregulation (3) does not affect the requirement in regulation 104(6) to prepare terms of reference.

99 Assessment period (1) In preparing terms of reference for an assessment by environmental impact statement, the NT EPA must specify the assessment period within which the draft environmental impact statement is to be submitted to the NT EPA. (2) In preparing terms of reference for an assessment by inquiry, the NT EPA must specify the assessment period within which: (a) the NT EPA must complete the report of the inquiry; or (b) an inquiry panel must complete the report of the inquiry and give it to the NT EPA.

Environment Protection Regulations 2020 41 (3) In determining the assessment period, the NT EPA must consider (a) the level of certainty provided by the descriptions in the referral and any information provided under Part 4 or 7 or Division 2 of this Part of: (i) the proposed action or strategic proposal; and (ii) any proposed measures to avoid, mitigate or manage potential significant impacts of the proposed action or potential significant impacts of the proposed action or strategic (c) the nature and extent of requirements for additional information to inform the assessment of the proposed action or strategic proposal;

100 Consultation with proponent (1) Before publishing the draft terms of reference under regulation 101, (2) The required period for the NT EPA to publish the draft terms of reference ceases to run during any period that the NT EPA carries out a consultation under subregulation (1).

101 NT EPA to publish draft terms of reference The NT EPA must publish draft terms of reference prepared under regulation 98 within 40 business days after the decision about the method of environmental impact assessment is made under regulation 57, 72 or 73.

Environment Protection Regulations 2020 42

102 Public consultation (1) The NT EPA must publish a notice of the draft terms of reference prepared under regulation 98. (a) state where the draft terms of reference may be inspected and obtained; and on the draft terms of reference within the period specified in

103 Consultation with government authorities view on the draft terms of reference prepared under regulation 98; and (b) invite the government authority to make a submission on the draft terms of reference within the submission period specified in the notice under regulation 102.

104 Decision on terms of reference (1) After considering any submissions received under regulations 102 and 103, the NT EPA may: (2) Subregulation (3) applies if a decision is made under regulation 58(1)(b), 66(1)(a), 72 or 73 to require an assessment by environmental impact statement for a proposed action or strategic proposal to which a proponent initiated EIS referral applies.

Environment Protection Regulations 2020 43 (3) After considering any submissions received under Part 4 in relation to draft terms of reference published under regulation 51, the NT EPA may: (4) After considering any submissions received under regulation 85 in relation to draft terms of reference published under regulation 84, the NT EPA may: (5) The NT EPA must make the decision on the draft terms of reference within: (a) for a decision under subregulation (1) – 15 business days after regulation 102; or (b) for a decision under subregulation (3): (i) if a decision is made under regulation 58(1)(b) – 35 business days after the end of the submission period specified in the notice under regulation 52; or (ii) 25 business days after the decision is made under regulation 66(1)(a), 72 or 73; or (c) for a decision under subregulation (4) – 25 business days after regulation 85. (6) If the NT EPA refuses to approve the draft terms of reference for an assessment, the NT EPA must prepare terms of reference for the assessment under regulation 98(1).

105 Notice to proponent of decision (1) The NT EPA must give notice of a decision under regulation 104(1), (3) or (4) to the proponent.

Environment Protection Regulations 2020 44 (2) If the NT EPA approves the draft terms of reference (with or without changes), the NT EPA must give the proponent a copy of the approved terms of reference. (3) If the NT EPA refuses to approve the draft terms of reference, the (4) The notice of decision and either the approved terms of reference or, if the decision is to refuse to approve the terms of reference, the statement of reasons must be given to the proponent as soon as practicable after the decision is made.

106 Notice of decision to be published a decision is made under regulation 104(1), (3) or (4): (b) if the draft terms of reference are approved, with or without changes – the approved terms of reference; (c) if the NT EPA refuses to approve the draft terms of reference – the statement of reasons for the decision.

107 Amendment of approved terms of reference (1) The NT EPA may amend the approved terms of reference for an environmental impact assessment process during the assessment process if: (a) either of the following circumstances apply: (i) the NT EPA becomes aware of information that was not available at the time of approval of the terms of reference and the NT EPA would have specified different terms of reference if the information had been available; (ii) new information becomes available that indicates a new threat or change in circumstance relating to the environment and the NT EPA reasonably considers that an amendment to the terms of reference is required; and (b) the NT EPA considers that the amendment is necessary: (i) to meet the objects of the Act; and

Environment Protection Regulations 2020 45 (ii) to achieve the purpose of the environmental impact assessment process set out in section 42 of the Act. (2) If the NT EPA proposes to amend approved terms of reference, the NT EPA must advise the proponent as soon as practicable of the proposal and the reasons for the amendment. (3) This Subdivision does not apply to an administrative amendment.

108 Preparation of draft amending terms of reference (1) If the NT EPA proposes to amend approved terms of reference, the NT EPA must prepare draft amending terms of reference. (2) The terms of reference may be amended by preparing: (a) amended terms of reference; or (b) new terms of reference; or (c) an addendum to the terms of reference.

109 Consultation with proponent (1) Before publishing the draft amending terms of reference under regulation 110, the NT EPA: (2) The required period for the NT EPA to publish the draft amending terms of reference under regulation 110 ceases to run during any subregulation (1).

110 Publication of draft amending terms of reference The NT EPA must publish the draft amending terms of reference within 20 business days after the NT EPA decides that the terms of reference need to be amended.

111 Public consultation (1) The NT EPA must publish a notice of the draft amending terms of reference prepared under regulation 108.

Environment Protection Regulations 2020 46 (a) state where the draft amending terms of reference may be on the draft amending terms of reference within the period

112 Consultation with government authorities (a) give a copy of the draft amending terms of reference prepared under regulation 108 to any government authority that the NT EPA considers may have a view on the matter; and (b) invite the government authority to make a submission on the draft amending terms of reference within the submission period specified in the notice under regulation 111.

113 Decision on draft amending terms of reference (1) After considering any submissions received under regulations 111 and 112 and making any changes to the draft amending terms of reference the NT EPA considers appropriate, the NT EPA must approve the draft amending terms of reference. (2) The NT EPA must approve the draft amending terms of reference under subregulation (1) within 15 business days after the end of the submission period specified in the notice under regulation 111. (3) The terms of reference have effect as amended: (a) on the date that the approved amending terms of reference are published under regulation 115; or (b) on a later date specified in the approved amending terms of reference.

114 Approved amending terms of reference to be given to proponent The NT EPA must give the proponent a copy of the approved amending terms of reference as soon as practicable after they are approved.

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115 Publication of approved amending terms of reference The NT EPA must publish the approved amending terms of reference as soon as practicable after they are approved.

116 Existing assessment process may continue during amendment If the NT EPA proposes to amend approved terms of reference under this Subdivision: (a) the proponent may continue to prepare a draft environmental impact statement for the proposed action or strategic proposal on the basis of the existing terms of reference until they are amended under this Subdivision; and (b) an assessment that is, or includes, an assessment by inquiry may continue in relation to the proposed action or strategic proposal on the basis of the existing terms of reference until they are amended under this Subdivision.

Division 4 Assessment by referral information

117 Assessment by referral information An assessment by referral information required under Part 4 or 7 assesses a proposed action or strategic proposal on the basis of: (a) the information given with the referral; and (b) any additional information, submissions or advice given to the NT EPA under: (i) Part 4 or 7; or (ii) Division 2 of this Part (except regulation 83).

Division 5 Assessment by supplementary environmental report

118 Assessment by supplementary environmental report An assessment by supplementary environmental report required under Part 4 or 7 assesses a proposed action or strategic proposal on the basis of: (a) the information given with the referral; and

Environment Protection Regulations 2020 48 (b) any additional information, submissions or advice given to the NT EPA under: (i) Part 4 or 7; or (ii) Division 2 of this Part; and (c) a supplementary environmental report prepared under this Division.

119 Preparation of supplementary environmental report (1) The proponent must prepare a supplementary environmental report to address the submissions received in relation to the referral information and submit it to the NT EPA. (2) The NT EPA may direct the proponent to include additional information in the supplementary environmental report: (a) to address the submissions; and (b) to ensure that the NT EPA has sufficient information to complete the environmental impact assessment process. (3) A direction under subregulation (2) must be given within 25 business days after the assessment decision is made under regulation 57, 58, 72 or 73.

119A Publication of direction The NT EPA must publish a direction under regulation 119 as soon as practicable after the direction is given.

120 Assessment period for supplementary environmental report (1) A direction under regulation 119(2) may specify the period (the assessment period) within which the supplementary environmental report is to be submitted to the NT EPA. (2) In determining the assessment period, the NT EPA must consider (a) the level of certainty provided by the descriptions in the referral and any information provided under Part 4 or 7 or Division 2 of this Part of: (i) the proposed action or strategic proposal; and (ii) any proposed measures to avoid, mitigate or manage potential significant impacts of the proposed action or

Environment Protection Regulations 2020 49 potential significant impacts of the proposed action or strategic (c) the nature and extent of requirements for additional information to inform the assessment of the proposed action or strategic proposal;

121 Proponent to publish supplementary environmental report (1) The proponent must publish the supplementary environmental report prepared under regulation 119 in the manner determined by the NT EPA. (2) The NT EPA may give directions to the proponent about the form and manner in which the supplementary environmental report is to be published.

122 Public consultation (1) The NT EPA must publish a notice of the supplementary environmental report prepared under regulation 119. (a) state where the supplementary environmental report may be on the supplementary environmental report within the period (3) The submission period must be 25 business days after the notice is

123 Consultation with government authorities (1) The proponent must give a copy of the supplementary environmental report prepared under regulation 119 to any government authority that the NT EPA specifies.

Environment Protection Regulations 2020 50 government authority to which the supplementary environmental report is given under subregulation (1); and NT EPA on the supplementary environmental report within the submission period specified in the notice under regulation 122.

124 Additional information in relation to supplementary environmental report (1) The NT EPA may direct the proponent to give the NT EPA, within a specified period, any additional information the NT EPA considers necessary to facilitate consideration of the supplementary environmental report. (2) The direction must be given not later than 20 business days after regulation 122. (3) If the NT EPA gives a direction under this regulation, the required period for the NT EPA to give an assessment report to the Minister ceases to run until the later of the following occurs: (a) the information is given; (b) if applicable – the end of the submission period specified under regulation 126(1).

125 Publication of direction and information The NT EPA must publish a direction under regulation 124 and the information given in response to the direction as soon as practicable after being given the information.

126 NT EPA may invite submissions (1) The NT EPA may invite interested persons or specified persons or government authorities to make submissions within the period specified by the NT EPA about: (a) the information given in response to a direction under regulation 124; or (b) a specified aspect of the information given in response to a direction under regulation 124.

Environment Protection Regulations 2020 51 (2) The submission period must not exceed 15 business days. (3) If the NT EPA invites submissions under subregulation (1), the required period for the NT EPA to prepare an assessment report ceases to run until the end of the submission period.

127 NT EPA may invite proponent to address submissions (1) This regulation applies if the NT EPA receives submissions under regulation 126. (2) The NT EPA may invite the proponent to provide a response addressing the submissions within the period specified by the NT EPA. (3) If the NT EPA invites the proponent to provide a response to the submissions, the required period for the NT EPA to prepare an assessment report under regulation 161(1) for the assessment under this Division ceases to run until the NT EPA receives the proponent's response.

Division 6 Assessment by environmental impact statement

128 Application of Division This Division applies if an assessment by environmental impact statement is required under Part 4 or 7.

129 Terms of reference (1) The terms of reference for an assessment by environmental impact statement are the terms of reference approved under Division 3 or Part 7 for that assessment or those terms of reference as amended under these Regulations. (2) The NT EPA must apply the terms of reference in carrying out the assessment by environmental impact statement. (3) The proponent must comply with the terms of reference in preparing the environmental impact statement and doing anything required of the proponent under the assessment by environmental impact statement process.

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130 Preparation of draft environmental impact statement The proponent must prepare a draft environmental impact statement and must submit the statement to the NT EPA within the assessment period for the statement specified by the NT EPA under regulation 99(1).

131 Submission of draft environmental impact statement to NT EPA (1) The proponent must submit a draft environmental impact statement to the NT EPA in the form required by the terms of reference for the (2) The proponent must comply with any requirements of the NT EPA in relation to the draft environmental impact statement.

132 Proponent to publish draft environmental impact statement (1) The proponent must publish the draft environmental impact statement in accordance with any directions given by the NT EPA. (2) The NT EPA may give directions to the proponent about the manner in which the draft environmental impact statement is to be

133 Public consultation (1) The NT EPA must publish a notice of the draft environmental impact statement prepared under regulation 130 as soon as practicable after it is submitted to the NT EPA. (a) state where the draft environmental impact statement may be (b) invite interested persons to make a submission on the draft environmental impact statement to the NT EPA within the period specified in the notice. (3) The submission period must be not less than 30 business days and not more than 60 business days after the date of the notice.

134 Consultation with government authorities (1) The proponent must give a copy of the draft environmental impact statement to any government authority that the NT EPA specifies.

Environment Protection Regulations 2020 53 government authority to which the draft environmental impact statement has been given under subregulation (1); and NT EPA on the draft environmental impact statement within the submission period specified in the notice under regulation 133.

135 Preparation of supplement to draft environmental impact statement The proponent must: (a) consider any submissions received on the draft environmental impact statement; and (b) prepare a supplement to the draft environmental impact statement to address any issues raised in the submissions.

136 Additional information to be included in supplement (1) The NT EPA may direct the proponent to include additional information in the supplement to the draft environmental impact statement: (a) to address the submissions; and (b) to ensure that the NT EPA has sufficient information to complete the environmental impact assessment process. (2) A direction under subregulation (1) must be given within 25 business days after the end of the submission period specified in the notice under regulation 133.

136A Publication of direction The NT EPA must publish a direction under regulation 136 as soon as practicable after the direction is given.

137 Assessment period for supplement (1) A direction under regulation 136(1) may specify the period (the assessment period) within which the supplement to the draft environmental impact statement is to be submitted to the NT EPA.

Environment Protection Regulations 2020 54 (2) In determining the assessment period, the NT EPA must consider (a) the nature of the matters raised in the submissions received on the draft environmental impact statement; potential significant impacts on the environment associated with the proposed action or strategic proposal; (c) the nature and extent of the need for additional information to inform the assessment of the proposed action or strategic

138 Proponent to publish supplement (1) The proponent must publish a supplement to a draft environmental impact statement prepared under regulation 135 in accordance with any directions of the NT EPA. (2) The NT EPA may give directions to the proponent about the form and manner in which the supplement to the statement is to be

139 Public consultation (1) The NT EPA must publish a notice of a supplement to a draft environmental impact statement prepared under regulation 135 as soon as practicable after it is submitted to the NT EPA. (a) state where the supplement to the draft environmental impact statement may be inspected and obtained; and on the supplement to the draft environmental impact statement within the period specified in the notice.

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140 Consultation with government authorities (1) The proponent must give a copy of the supplement to the draft environmental impact statement to any government authority that the NT EPA specifies. government authority to which the supplement to the draft environmental impact statement is given under subregulation (1); and NT EPA on the supplement to the draft environmental impact statement within the submission period specified in the notice under regulation 139.

141 Waiver of requirement for supplement (1) The NT EPA may waive a requirement for a supplement to a draft environmental impact statement on its own initiative or at the request of the proponent. (2) A request from a proponent for a waiver must set out the reasons why a supplement to the statement is not required. (3) On a request from a proponent for a waiver, the NT EPA may: (a) waive the requirement for a supplement; or (b) refuse to waive the requirement for a supplement. (4) The NT EPA must make a decision under subregulation (3) within 10 business days after receiving the request for a waiver from the proponent. (5) The NT EPA must give notice to the proponent of a decision to waive or refuse to waive the requirement for a supplement and a statement of reasons for the decision. (6) If the NT EPA decides to waive the requirement for a supplement, the NT EPA must publish the decision and a statement of reasons for the decision. (7) The NT EPA must not waive the requirement for a supplement if the action is being assessed under a Bilateral Agreement with the Commonwealth in accordance with section 45 of the Commonwealth Act.

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142 Status of supplement A supplement to a draft environmental impact statement forms part of that statement.

143 Additional information in relation to environmental impact statement (1) If the proponent provides a supplement to a draft environmental impact statement to the NT EPA, the NT EPA may direct the proponent to give the NT EPA, within a specified period, any additional information the NT EPA considers necessary to facilitate consideration of the environmental impact statement. (2) The direction must be given not later than 20 business days after regulation 139. (3) If the NT EPA gives a direction under this regulation, the required period for the NT EPA to prepare an assessment report under regulation 161(1) for the assessment under this Division ceases to run until the information is given to the NT EPA.

144 Publication of direction and information The NT EPA must publish a direction under regulation 143 and the information given in response to the direction as soon as practicable after being given the information.

145 NT EPA may invite submissions (1) The NT EPA may invite interested persons or specified persons or government authorities to make submissions within a period specified by the NT EPA about: (a) the information given in response to the direction under regulation 143; or (b) a specified aspect of the information given in response to the direction under regulation 143. (2) The submission period must not exceed 15 business days. (3) If the NT EPA invites submissions under this regulation, the required period for the NT EPA to prepare an assessment report ceases to run until the end of the submission period.

Environment Protection Regulations 2020 57

146 NT EPA may invite proponent to address submissions (1) This regulation applies if the NT EPA receives submissions under regulation 145. (2) The NT EPA may invite the proponent to provide a response addressing the submissions within the period specified by the NT EPA. (3) The period specified by the NT EPA under subregulation (2) must not exceed 15 business days. (4) If the NT EPA invites the proponent to provide a response to the submissions, the required period for the NT EPA to prepare an assessment report under regulation 161(1) for the assessment under this Division ceases to run until the NT EPA receives the proponent's response.

147 Application of Division This Division applies if a method of assessment that is, or includes, an assessment by inquiry is required under Part 4 or 7.

148 NT EPA to conduct inquiry (1) The NT EPA is to conduct the inquiry. (2) Subject to regulation 151, the NT EPA must determine and publish the procedure for the inquiry.

149 Terms of reference (1) The terms of reference for an assessment by inquiry are the terms of reference approved under Division 3 or Part 7 for that assessment or those terms of reference as amended under these Regulations. (2) The NT EPA and any inquiry panel must apply the terms of reference in conducting an inquiry.

150 Appointment of inquiry panel (1) The NT EPA may appoint a panel of one or more persons to assist the inquiry. (2) The NT EPA must ensure that any person appointed to an inquiry panel has the appropriate qualifications or experience to assist the inquiry.

Environment Protection Regulations 2020 58

151 Procedure of inquiry panel (1) Subject to this Division, in assisting an inquiry, an inquiry panel: (a) must determine the procedure to be followed by the panel; and (b) is not subject to direction in its decisions by the NT EPA or the Minister; and (c) is not bound by the rules of evidence. (2) The inquiry panel must publish the procedure determined under subregulation (1)(a).

152 Hearings of inquiry panel to be in public (1) A hearing held by an inquiry panel as part of an inquiry must be held in public, unless the panel directs otherwise. (2) Subject to subregulation (3), the inquiry panel must publish all written submissions as soon as practicable after they are received by the panel. (3) If the inquiry panel considers it desirable in the public interest, the panel may: (a) give directions that all or part of a hearing be held in private, specifying the persons who may be present; and (b) give directions prohibiting or restricting the publication of all or part of any submission or evidence given orally or in writing to the panel.

153 Timing of report of inquiry or inquiry panel (1) The NT EPA must complete a report of an inquiry within the period specified in the terms of reference. (2) An inquiry panel must complete a report of an inquiry and give it to the NT EPA within the period specified in the terms of reference.

154 Publication of report of inquiry or inquiry panel (1) The NT EPA must publish the report of an inquiry or an inquiry panel prepared under regulation 153 as soon as practicable after the inquiry is completed. (2) The NT EPA must give a copy of the report to the proponent.

Environment Protection Regulations 2020 59 (3) However, the NT EPA must not publish, or give a copy of, the report to the extent that it sets out any submission or evidence if the inquiry panel has directed under regulation 152(3)(b) that publication of the submission or evidence is prohibited or restricted. (4) The NT EPA must give the proponent a statement of the substance of the submission or evidence that is prohibited or restricted from publication under subregulation (3).

155 Proponent must consider report The proponent must consider the report of an inquiry or an inquiry panel in relation to a proposed action or strategic proposal in: (a) if applicable – preparing any supplementary environmental report under Division 5 or draft environmental impact statement or supplement under Division 6 in relation to the proposed action or strategic proposal; or (b) giving any additional information at the direction of the NT EPA under these Regulations in relation to the proposed

156 Assessment report (1) The NT EPA must prepare an assessment report on completion of an environmental impact assessment process. (2) The assessment report is to be given to the Minister under Part 5 of the Act. (3) The purpose of the assessment report is: (a) to assess whether the proposed action or strategic proposal is likely to meet the environmental objectives; and (b) to assess the potential significant environmental impacts of a proposed action or strategic proposal; and (c) to make recommendations for avoiding, mitigating and managing those impacts; and (d) to advise the Minister as to the environmental acceptability of the proposed action or strategic proposal.

Environment Protection Regulations 2020 60 (4) The assessment report must assess: (a) the potential environmental impacts and risks of the proposed action or strategic proposal; and (b) whether there are any significant residual impacts remaining after all reasonable measures to avoid and then mitigate and manage the risks have been taken. (5) The assessment report may identify that an offset may be appropriate in respect of the significant residual impacts identified in the report.

157 Preparation of assessment report (1) The NT EPA must consider the following in preparing an assessment report: (a) any referral information given to the NT EPA; (b) any additional information provided under regulation 40 or 83; (c) any advice obtained by the NT EPA under regulation 86; (d) any supplementary environmental report completed under Part 5, Division 5 in relation to the proposed action or strategic (e) any environmental impact statement completed under Part 5, Division 6 in relation to the proposed action or strategic (f) the report of an inquiry or an inquiry panel under Part 5,

Division 7 in relation to the proposed action or strategic (g) any submissions made within the relevant submission period in Part 4, 5 or 7. (2) The NT EPA may also consider the following in preparing an assessment report: (a) information based on the NT EPA's own investigations and knowledge; (ab) any other statutory decision-making processes that may mitigate the potential environmental impact of the referred action or strategic proposal; (b) any independent review received under regulation 87;

Environment Protection Regulations 2020 61 (c) any other information that the NT EPA considers relevant. (3) The NT EPA may: (a) refer to an inquiry report or an inquiry panel report in its assessment report; or (b) adopt an inquiry report or inquiry panel report as its assessment report.

158 Draft environmental approval (1) The NT EPA must prepare a draft environmental approval to be given to the Minister with the assessment report prepared under regulation 156. (2) Subregulation (1) does not apply if the NT EPA proposes to give the Minister a statement of unacceptable impact.

159 Draft statement of unacceptable impact The NT EPA may prepare a draft statement of unacceptable impact.

160 Consultation on draft environmental approval or draft statement of unacceptable impact (1) The NT EPA: (a) must give a copy of the draft environmental approval (if any) to the proponent; and (b) may give a copy of the draft statement of unacceptable impact (if any) to the proponent; and (c) must invite the proponent to make a submission to the NT EPA on: (i) the draft approval; or (ii) if a copy of the draft statement is given to the proponent – the draft statement.

Environment Protection Regulations 2020 62 (a) make reasonable efforts to obtain the views of the following in relation to a draft environmental approval or draft statement of unacceptable impact: may have a view on the draft approval or draft statement; (ii) if the draft approval includes conditions that relate to a potential health impact of an action – the Chief Health Officer; (iii) if the draft approval includes conditions that relate to a potential impact of an action on a social or cultural matter – the relevant government authority and submission on the draft environmental approval or draft statement of unacceptable impact. (3) The NT EPA must specify a period for submissions under subregulations (1) and (2). (4) The NT EPA must consider any submissions made within the (5) The required period for the NT EPA to give an assessment report to the Minister under regulation 161(1) ceases to run during the

161 Period for providing assessment report (1) The NT EPA must give the assessment report to the Minister and the proponent within the required period. required period means: (a) for an assessment by referral information – 30 business days after the decision or recommendation on the method of assessment is made under regulation 57 or 58; or (b) for an assessment by supplementary environmental report – 40 business days after the end of the submission period specified in the notice under regulation 122; or

Environment Protection Regulations 2020 63 (c) for an assessment by environmental impact statement – 45 business days after, as the case requires: (i) the end of the submission period specified in the notice under regulation 139 for the supplement to the statement; or (ii) the NT EPA giving to the proponent under regulation 141 notice of the decision to waive the requirement for a supplement to the statement; or (d) for an assessment that is an assessment by inquiry – 45 business days after completion or receipt by the NT EPA of the report of the inquiry in relation to the assessment under regulation 153; or (e) for an assessment that includes an assessment by inquiry – 45 business days after receipt by the NT EPA of the last of the information required to be given to the NT EPA under Part 5 in relation to the assessment. Division 1 Process for significant variation notified during assessment process

162 Application of Division This Division applies if the NT EPA receives either of the following before the NT EPA prepares an assessment report for the Minister in relation to a proposed action or strategic proposal: (a) a notice of significant variation of the proposed action under section 51(1) of the Act; (b) a notice of significant variation of the strategic proposal under section 51(2) of the Act.

163 NT EPA may suspend assessment process process for the proposed action or strategic proposal until it has made a decision on the significant variation.

Environment Protection Regulations 2020 64 (2) If the NT EPA suspends the environmental impact assessment process under subregulation (1), the required period for the NT EPA to make a decision on the proposed action or strategic proposal under Part 4, 5 or 6 ceases to run until the NT EPA makes a decision on the significant variation.

164 Additional information about significant variation (1) On receipt of the notice of significant variation, the NT EPA may direct the proponent to give it additional information in relation to the significant variation. (3) A direction must be given within 10 business days after the NT EPA period in regulation 166 for the NT EPA to make a decision on the notice of significant variation ceases to run until the information is given.

165 Proponent may provide draft terms of reference or draft amendments significant variation: (a) draft terms of reference that may be appropriate as a result of the significant variation; or (b) draft amendments to existing approved terms of reference that may be appropriate as a result of the significant variation.

Environment Protection Regulations 2020 65 draft terms of reference or draft amendments to existing terms of reference are appropriate.

166 Decision whether to accept notice of significant variation variation of a proposed action or strategic proposal within 15 business days after the notice is given under section 51(1) or (2) regulation 41 (as applied by regulation 164(5)) not to proceed with

167 Grounds for refusal to accept notice of significant variation under regulation 166 if the NT EPA considers that the notice:

168 Notice to proponent of decision (1) The NT EPA must give notice of a decision under regulation 166 to the proponent. the notice relates;

Environment Protection Regulations 2020 66 (d) the nature of the variation.

169 Publication of documents (2) If the notice of significant variation is accepted, the NT EPA must also publish the following as soon as practicable after the decision is made: (b) any direction given under regulation 164; given under regulation 164; (d) if the proponent has provided draft terms of reference or draft amendments to the existing approved terms of reference under regulation 165 – the draft terms of reference or draft amendments and statement of reasons provided under that

170 Public consultation (1) If the notice of significant variation is accepted, the NT EPA must (a) advising where the documents mentioned in regulation 169

Environment Protection Regulations 2020 67 (a) for a notice relating to a standard assessment other than a (b) for a notice relating to a standard assessment for which the proponent has provided draft terms of reference or draft amendments to the existing approved terms of reference – 30 business days after the date of the notice; or (c) for a notice relating to a strategic assessment other than a notice mentioned in paragraph (d) – 30 business days after (d) for a notice relating to a strategic assessment for which the proponent has provided draft terms of reference or draft amendments to the existing approved terms of reference – 40 business days after the date of the notice.

171 Consultation with government authorities If the notice of significant variation is accepted, the NT EPA must: (a) give a copy of the documents mentioned in regulation 169 to submission period specified in the notice under regulation 170. Subdivision 3 Consideration of accepted notice of significant

172 Matters NT EPA must consider in relation to significant under regulation 173 on the significant variation: regulation 164; (c) any submissions received under regulation 170 or 171;

Environment Protection Regulations 2020 68 (2) In assessing a significant variation to determine whether a proposed action or strategic proposal requires a different method of environmental impact assessment or whether a new environmental impact assessment is required for the significant variation, the NT way from the impacts already identified in the assessment those already identified in the assessment process for the proposed action or strategic proposal;

173 Decision or recommendation on significant variation (1) The NT EPA may decide that: (a) for an assessment by referral information: with the existing assessment method; or (ii) the existing assessment method is no longer appropriate (iii) the assessment can continue to assess the proposed action or strategic proposal with the existing assessment method, but a new assessment is required for the (iv) the assessment is no longer required; or (b) for an assessment by supplementary environmental report: with the existing assessment method; or

Environment Protection Regulations 2020 69 (ii) the existing assessment method is no longer appropriate (iii) the assessment can continue to assess the proposed action or strategic proposal with the existing assessment method, but a new assessment is required for the (iv) the assessment is no longer required; or (c) for an environmental impact statement process: within the existing terms of reference; or (ia) if terms of reference have not yet been published for the assessment – the assessment can continue with the approval of terms of reference; or (ii) the assessment can continue with amended terms of (iii) the existing assessment method is no longer appropriate (iv) the assessment can continue to assess the proposed action or strategic proposal within the existing terms of reference, but a new assessment is required for the (v) the assessment is no longer required; or (d) for an assessment that is, or includes, an assessment by inquiry: with the existing terms of reference; or (ia) if terms of reference have not yet been published for the assessment – the assessment can continue with the approval of terms of reference; or (ii) the assessment can continue with amended terms of

Environment Protection Regulations 2020 70 (iii) the existing assessment method is no longer appropriate (iv) the assessment can continue to assess the proposed action or strategic proposal within the existing terms of reference, but a new assessment is required for the (v) the assessment is no longer required. (2) A decision under subregulation (1)(c) that the terms of reference need to be amended may be made whether the notice of variation is given before or after a draft environmental impact statement is (3) A decision under subregulation (1)(d) that the terms of reference need to be amended may be made before the assessment by inquiry is completed. (4) The NT EPA must consult with the proponent before deciding a method of environmental impact assessment that is, or includes, an assessment by inquiry and consider any written submission received from the proponent within the period specified in writing by the NT EPA. (5) If the NT EPA decides that a new assessment is required for a (6) Regulations 59 and 60 apply to the decision or recommendation on

Environment Protection Regulations 2020 71 (7) A decision or recommendation under subregulation (1) or (5) must period specified in the notice under regulation 170. (8) The required period for the NT EPA to make a decision or recommendation under subregulation (1) or (5) ceases to run

174 Statement of reasons The NT EPA must prepare a statement of reasons for a decision or recommendation under regulation 173.

175 Notice to proponent of decision or recommendation (a) notice of a decision or recommendation under regulation 173; and reasons must be given to the proponent as soon as practicable after the decision or recommendation is made.

176 Notice of decision or recommendation to be published the decision or recommendation is made under regulation 173:

177 Assessment to continue without change (1) If the NT EPA makes a decision under regulation 173(1)(a)(i) that an assessment can continue, the NT EPA must recommence the environmental impact assessment process in accordance with Parts 5 and 6 within 10 business days after the decision is made. (2) If the NT EPA makes a decision under regulation 173(1)(b)(i) that an assessment can continue, the NT EPA: regulation 83 or 124; and

Environment Protection Regulations 2020 72 (b) may amend a direction given under regulation 119(2)(b) or 124; and (c) must recommence the environmental impact assessment (3) If the NT EPA makes a decision under regulation 173(1)(c)(i) that an assessment can continue within the existing terms of reference, regulation 83 or 143; and (b) may amend a direction given under regulation 136(1) or 143; and (c) must recommence the environmental impact assessment (3A) If a decision is made under regulation 173(1)(c)(ia) or (d)(ia) that the assessment can continue with the approval of terms of reference: (a) the NT EPA must commence the process for the approval of terms of reference under regulation 98 within 10 business days after the decision under regulation 173(1)(c)(ia) or (d)(ia) is made; and (b) regulation 101 applies as if it required the terms of reference to be published within 40 business days after the decision under regulation 173(1)(c)(ia) or (d)(ia) is made. (4) If the NT EPA makes a decision under regulation 173(1)(d)(i) that an assessment can continue within the existing terms of reference, regulation 83; and (b) must recommence the environmental impact assessment

Environment Protection Regulations 2020 73

178 Alternative method of assessment required (1) If the NT EPA makes a decision under regulation 173 that an alternative method of environmental impact assessment is required, the NT EPA must: (a) by written notice to the proponent, terminate the existing environmental impact assessment process; and (b) decide the method of environmental impact assessment in accordance with regulations 59, 60 and 61 as soon as practicable after the decision is made; and (c) carry out the new environmental impact assessment process in accordance with Parts 5 and 6. (2) The NT EPA may consider any information provided to it under the existing environmental impact assessment process in carrying out the new assessment process.

179 New assessment for significant variation (1) If the NT EPA makes a decision under regulation 173(1) that an assessment can continue, but that a new assessment is required for the matters in the significant variation, the NT EPA must: (a) recommence the existing environmental impact assessment process in accordance with Parts 5 and 6; and (b) subject to subregulations (2) and (3), carry out an assessment of the significant variation. (2) If the NT EPA recommends to the Minister under regulation 173(5) that the assessment of the significant variation be a strategic assessment, Part 4, Division 4 applies, with the necessary changes, as if the variation were a strategic proposal. (3) Subject to regulation 180, Parts 5 and 6 apply, with the necessary changes, to a new assessment of a significant variation mentioned in regulation 173 as if the variation were a proposed action or

180 Application of Part 5 if draft terms of reference for variation (a) the NT EPA has determined under regulation 173 that the new assessment of a significant variation is to be an assessment by environmental impact statement; and

Environment Protection Regulations 2020 74 (b) draft terms of reference or draft amendments to the existing approved terms of reference for the significant variation (the draft terms of reference for the significant variation) were published under regulation 169. and 100 to 104 do not apply to the draft terms of reference for the (3) After considering any submissions received under regulations 170 and 171 in relation to the draft terms of reference for the significant variation, the NT EPA may: reference for the significant variation within 35 business days after regulation 170. (5) If the NT EPA refuses to approve the draft terms of reference under subregulation (3), the NT EPA must prepare draft terms of reference for the assessment under regulation 98(1). subregulation (3) as if it were a decision under regulation 104(1),(3) or (4).

181 Assessment is no longer required (1) This regulation applies if the NT EPA decides under regulation 173 that an assessment is no longer required. (2) The NT EPA must, by written notice to the proponent, terminate the environmental impact assessment process for the proposed action or strategic proposal.

Environment Protection Regulations 2020 75

182 Application of Subdivision This Subdivision applies if the NT EPA decides under: (a) regulation 173(1)(c)(ii) that the terms of reference for an assessment by environmental impact statement need to be amended; or (b) regulation 173(1)(d)(ii) that the terms of reference for an assessment by inquiry need to be amended.

183 Preparation of draft amending terms of reference (1) The NT EPA must prepare draft amending terms of reference that may be: (a) amended terms of reference; or (b) new terms of reference; or (c) an addendum to the terms of reference. (2) Subregulation (1) and regulations 184 to 187 do not apply if draft terms of reference or draft amendments to the existing terms of reference for the assessment (the draft amending terms of reference) were published under regulation 169. (3) Subregulation (2) does not affect the requirement in regulation 188(6) to prepare draft amending terms of reference.

184 Consultation with proponent (1) Before publishing the draft amending terms of reference under regulation 185, the NT EPA: submission from the proponent received within the time (2) The required period for the NT EPA to publish the draft amending terms of reference ceases to run during any period that the NT EPA carries out a consultation under subregulation (1).

Environment Protection Regulations 2020 76

185 Publication of draft amending terms of reference The NT EPA must publish the draft amending terms of reference prepared under regulation 183 within 40 business days after the decision is made under regulation 173(1)(c)(ii) or (d)(ii).

186 Public consultation (1) The NT EPA must publish a notice of the draft amending terms of reference prepared under regulation 183. (a) state where the draft amending terms of reference may be on the draft amending terms of reference within the period

187 Consultation with government authorities (a) give a copy of the draft amending terms of reference to any view on the matter; and NT EPA on the draft amending terms of reference within the submission period specified in the notice under regulation 186.

188 Decision on draft amending terms of reference for significant (1) After considering any submissions received under regulations 186 and 187, the NT EPA may: (a) approve the draft amending terms of reference; or (b) approve the draft amending terms of reference with any changes the NT EPA considers appropriate; or (c) refuse to approve the draft amending terms of reference.

Environment Protection Regulations 2020 77 (2) Subregulation (3) applies if draft terms of reference or draft amendments to the existing approved terms of reference (the draft amending terms of reference) for the significant variation were published under regulation 169. (3) After considering any submissions received under regulations 170 and 171, the NT EPA may: (a) approve the draft amending terms of reference published under regulation 169; or (b) approve the draft amending terms of reference with any changes the NT EPA considers appropriate; or (c) refuse to approve the draft amending terms of reference. (4) The NT EPA must make a decision under subregulation (1) within 15 business days after the end of the submission period specified in the notice under regulation 186. (5) The NT EPA must make a decision under subregulation (3) within 30 business days after the end of the submission period specified in the notice under regulation 170. (6) If the NT EPA refuses to approve the draft amending terms of reference for an assessment under subregulation (3), the NT EPA must prepare draft amending terms of reference for the assessment under regulation 183(1). (7) If the draft amending terms of reference are approved under subregulation (1) or (3), the terms of reference have effect as amended: (a) on the date that the approved amending terms of reference are published under regulation 190; or (b) on a later date specified in the amending terms of reference.

189 Notice to proponent of decision (1) The NT EPA must give notice of a decision under regulation 188(1) or (3) to the proponent. (2) If the NT EPA approves the draft amending terms of reference (with or without changes), the NT EPA must give the proponent a copy of the approved amending terms of reference. (3) If the NT EPA refuses to approve the amending terms of reference, the NT EPA must give the proponent a statement of reasons for the

Environment Protection Regulations 2020 78 (4) The notice of decision and either the approved amending terms of reference or, if the decision is to refuse to approve the draft amending terms of reference, the statement of reasons must be

190 Notice of decision to be published the decision is made under regulation 188(1) or (3): (b) if the draft amending terms of reference are approved, with or without changes – the approved amending terms of reference; (c) if the NT EPA refuses to approve the draft amending terms of reference – the statement of reasons for the decision.

191 Assessment process after amending terms of reference approved (1) This regulation applies if the NT EPA approves draft amending terms of reference under regulation 188. (2) If the terms of reference are for an assessment by environmental impact statement: (a) the NT EPA and the proponent must carry out the environmental impact assessment process under Part 5 in accordance with the amended terms of reference; and (b) the proponent must prepare any documents for the assessment as directed by the NT EPA in accordance with the amended terms of reference. (3) If the terms of reference are for an assessment by inquiry, the NT EPA and the proponent must carry out the environmental impact assessment process under Part 5 in accordance with the amended terms of reference.

Environment Protection Regulations 2020 79 Division 2 Process for significant variation notified after assessment report

192 Application of Division This Division applies if the NT EPA receives a notice of significant variation under section 51(1) or (2) of the Act: (a) after the assessment report on the proposed action or strategic proposal is prepared by the NT EPA; and (b) before an environmental approval is given for the proposed Note for regulation 192 Section 56(2) of the Act provides that the approval process under Part 5 of the Act ceases until the assessment of the variation is completed.

193 NT EPA to notify Minister of receipt of notice of significant The NT EPA must notify the Minister without delay of the receipt of

194 Additional information about significant variation (1) On receipt of the notice of significant variation under section 51(1) or (2) of the Act, the NT EPA may direct the proponent to give it additional information in relation to the significant variation.

Environment Protection Regulations 2020 80 period for the NT EPA to make a decision under regulation 196 on the notice of significant variation ceases to run until the information is given.

195 Proponent may provide draft terms of reference significant variation, draft terms of reference that may be appropriate as a result of the significant variation. draft terms of reference are appropriate.

196 Decision whether to accept notice of significant variation variation of a proposed action or strategic proposal within 15 business days after the notice is given under section 51(1) or (2) regulation 41 (as applied by regulation 194(5)) not to proceed with

197 Grounds for refusal to accept notice of significant variation under regulation 196 if the NT EPA considers that the notice:

Environment Protection Regulations 2020 81

198 Matters to be provided to Minister if notice of variation refused If the NT EPA refuses to accept a notice of significant variation, the NT EPA must provide to the Minister: refused; and

199 Notice to proponent of decision (1) The NT EPA must give notice of a decision under regulation 196 to the proponent. (a) a statement that the notice of strategic variation has been the notice relates; (d) the nature of the significant variation.

200 Publication of documents (2) If a notice of significant variation is accepted, the NT EPA must also publish the following as soon as practicable after the decision is

Environment Protection Regulations 2020 82 (b) any direction given under regulation 194; given under regulation 194; (d) if the proponent has provided draft terms of reference under regulation 195 – the draft terms of reference and the statement of reasons provided under that regulation.

201 Public consultation (1) If a notice of significant variation is accepted, the NT EPA must (a) advising where the documents mentioned in regulation 200 (a) for a notice relating to a standard assessment other than a (b) for a notice relating to a standard assessment for which the regulation 195 – 30 business days after the date of the notice; or (c) for a notice relating to a strategic assessment other than a notice mentioned in paragraph (d) – 30 business days after (d) for a notice relating to a strategic assessment for which the regulation 195 – 40 business days after the date of the notice.

202 Consultation with government authorities If a notice of significant variation is accepted, the NT EPA must: (a) give a copy of the documents mentioned in regulation 200 to

Environment Protection Regulations 2020 83 submission period specified in the notice under regulation 201. Subdivision 3 Consideration of accepted notice of significant

203 Matters NT EPA must consider in relation to significant under regulation 204 or 205 on a significant variation: regulation 194; (c) any submissions received under regulation 201 or 202; (2) In assessing a significant variation to determine whether or not the variation requires a new environmental impact assessment, the NT way from the impacts already identified in the assessment those already identified in the assessment process for the proposed action or strategic proposal;

204 Decision or recommendation on significant variation (1) This regulation does not apply to a significant variation of a proposed action or strategic proposal if the NT EPA has prepared a statement of unacceptable impact in relation to the proposed action or strategic proposal.

Environment Protection Regulations 2020 84 (2) The NT EPA must consider a significant variation of a proposed action or strategic proposal and decide whether: (a) the potential significant impacts of the variation can be avoided or mitigated or managed through the proposed conditions of the draft environmental approval given to the Minister with the assessment report; or (b) the potential significant impacts of the variation can be avoided or mitigated or managed if an amendment is made to the proposed conditions of the draft environmental approval given to the Minister with the assessment report; or (c) the potential significant impacts of the variation are such that a new assessment is required for the matters in the significant variation. (3) If the NT EPA decides that a new assessment is required for a (4) Regulations 59 and 60 apply to the decision or recommendation on (5) A decision or recommendation under subregulation (2) or (3) must (6) The required period for the NT EPA to make a decision or recommendation under subregulation (2) or (3) ceases to run

Environment Protection Regulations 2020 85

205 Decision or recommendation if statement of unacceptable impact prepared (1) This regulation applies to a significant variation of a proposed action or strategic proposal if the NT EPA has prepared a statement of unacceptable impact in relation to the proposed action or (2) The NT EPA must consider the significant variation and decide whether: (a) the potential significant impacts of the proposed action or strategic proposal can be avoided or mitigated or managed through the conditions of an environmental approval; or (b) the potential significant impacts of the proposed action or strategic proposal cannot be avoided or mitigated or managed through the conditions of an environmental approval; or (c) the environmental impacts of the significant variation are such that a new assessment is required for the matters in the (3) The NT EPA may consult with the proponent if it proposes to make a decision under subregulation (2)(b) and must consider any written submission received from the proponent within the period specified in writing by the NT EPA. (4) If the NT EPA decides that a new assessment is required for a (5) Regulations 59 and 60 apply to the decision or recommendation on

Environment Protection Regulations 2020 86 (6) A decision or recommendation under subregulation (2) or (4) must (7) The required period for the NT EPA to make a decision or recommendation under subregulation (2) or (4) ceases to run

206 Notice to proponent of decision or recommendation (a) notice of a decision or recommendation under regulation 204 or 205; and (b) a statement of reasons for the decision or recommendation. reasons must be given as soon as practicable after the decision or recommendation is made.

207 Notice of decision or recommendation to be published a decision or recommendation is made under regulation 204 or 205:

208 Matters to be provided to Minister if additional assessment not required (1) If the NT EPA makes a decision under regulation 204(2)(a), the NT EPA must prepare and provide to the Minister under section 56(2)(b) of the Act a report or addendum that contains: (a) a statement setting out the decision; and

Environment Protection Regulations 2020 87 (2) If the NT EPA makes a decision under regulation 204(2)(b), the NT EPA must prepare and provide to the Minister under section 56(2) of the Act: (a) a report or addendum that contains: (b) a revised draft environmental approval prepared in accordance with regulation 212. (3) A document mentioned in subregulation (1) or (2) must be provided within 30 business days after the relevant decision is made under regulation 204. mentioned in subregulation (1) or (2) ceases to run during any regulation 212 in relation to the revised draft environmental approval.

209 Documents to be provided to Minister if new assessment not required (1) If the NT EPA makes a decision under regulation 205(2)(a), the NT EPA must: (a) prepare and provide to the Minister under section 56(2)(b) of the Act a report or addendum that contains: (b) prepare and provide to the Minister under section 56(2)(c) of the Act a draft environmental approval prepared in accordance with regulation 212; and (c) cancel the statement of unacceptable impact. (2) If the NT EPA makes a decision under regulation 205(2)(b), the NT EPA must prepare and provide to the Minister under section 56(2) of the Act: (a) a report or addendum that contains:

Environment Protection Regulations 2020 88 (b) a revised statement of unacceptable impact. (3) A document mentioned in subregulation (1) or (2) must be provided within 30 business days after the relevant decision is made under regulation 205. mentioned in subregulation (1) ceases to run during any period that the NT EPA carries out a consultation under regulation 212 in relation to the draft environmental approval.

210 New assessment for significant variation regulation 204(2)(c) or 205(2)(c) that a new assessment is required for the matters in the significant variation. (2) Subject to subregulations (3) and (4), the NT EPA must carry out an assessment of the significant variation. (3) If the NT EPA recommends to the Minister under regulation 204(3) that the assessment of the significant variation be a strategic assessment, Part 4, Division 4 applies, with the necessary changes, as if the variation were a strategic proposal. (4) Subject to regulation 211, Parts 5 and 6 apply, with the necessary changes, to the assessment of the significant variation as if: (a) the variation were a proposed action or strategic proposal; and (b) a reference in Part 6 to: (i) an assessment report were a reference to a new or revised assessment report mentioned in section 56(2)(b) of the Act; and (ii) a draft environmental approval were a reference to a revised draft environmental approval mentioned in section 56(2)(c) of the Act.

211 Application of Part 5 if draft terms of reference for variation (a) the NT EPA has determined under regulation 204 or 205 or Part 4, Division 4 that the new assessment of a significant variation is to be an assessment by environmental impact statement; and

Environment Protection Regulations 2020 89 published under regulation 200. and 100 to 104 do not apply to the terms of reference for the (3) After considering any submissions received under regulations 201 and 202 in relation to the draft terms of reference published under regulation 200, the NT EPA may: assessment under subregulation (3), the NT EPA must prepare

212 Consultation on draft or revised draft environmental approval (1) This regulation applies to the preparation of: (a) a revised draft environmental approval mentioned in regulation 208; or (b) a draft environmental approval mentioned in regulation 209. (a) consult with the proponent on: (i) the proposed revisions to the draft environmental approval; or (ii) the proposed draft environmental approval; and

Environment Protection Regulations 2020 90 (b) invite the proponent to make a submission to the NT EPA on the matters on which the proponent is consulted. may have a view on the proposed revisions or the draft environmental approval, as the case requires; (ii) in relation to any proposed revisions to the draft environmental approval or conditions of the proposed draft environmental approval that relate to a potential health impact of an action – the Chief Health Officer; (iii) in relation to any proposed revisions to the draft environmental approval or conditions of the proposed draft environmental approval that relate to a potential impact of an action on a social or cultural matter – the relevant government authority; and submission on matters on which the entity is consulted.

Division 2A Process for significant variation notified in other specified circumstances

212A Definitions In this Part: EAA referred action means an action that was referred, notified or submitted (however described) for assessment under the Environmental Assessment Act 1982. non-assessed action means an action referred under section 48 of the Act for which a decision was made under regulation 57(2)(a) or 58(1)(a) that an assessment was not required.

Environment Protection Regulations 2020 91 non-assessed strategic proposal means a strategic proposal referred under section 49 of the Act for which a decision was made under regulation 57(2)(a) or 58(1)(a) that an assessment was not required.

212B Application of Division This Division applies if the NT EPA receives any of the following: (a) a notice under section 51(1) of the Act of a significant variation of a non-assessed action; (b) a notice under section 51(1) of the Act of a significant variation of an EAA referred action; (c) a notice under section 51(2) of the Act of a significant variation of a non-assessed strategic proposal.

212C Additional information about significant variation (1) On receipt of the notice of significant variation under section 51(1) or (2) of the Act, the NT EPA may direct the proponent to give it additional information in relation to the period for the NT EPA to make a decision under regulation 212E on the notice of significant variation ceases to run until the information is given. action or strategic proposal, as the case requires.

Environment Protection Regulations 2020 92

212D Proponent may provide draft terms of reference significant variation, draft terms of reference that may be appropriate as a result of the significant variation. draft terms of reference are appropriate.

212E Decision whether to accept notice of significant variation variation within 15 business days after the notice is given under section 51(1) or (2) of the Act. regulation 41 (as applied by regulation 212C(5)) not to proceed with

212F Grounds for refusal to accept notice of significant variation under regulation 212E if the NT EPA considers that the notice:

212G Notice to proponent of decision (1) The NT EPA must give notice of a decision under regulation 212E to the proponent.

Environment Protection Regulations 2020 93 (c) the name of the action or strategic proposal to which the notice relates; (d) the nature of the significant variation.

212H Publication of documents (2) If a notice of significant variation is accepted, the NT EPA must also publish the following as soon as practicable after the decision is (b) any direction given under regulation 212C; given under regulation 212C; (d) if the proponent has provided draft terms of reference under regulation 212D – the draft terms of reference and the statement of reasons provided under that regulation.

212J Public consultation (1) If a notice of significant variation is accepted, the NT EPA must (a) advising where the documents mentioned in regulation 212H

Environment Protection Regulations 2020 94 (a) for a notice relating to a significant variation other than a (b) for a notice relating to a significant variation for which the regulation 212D – 30 business days after the date of the notice.

212K Consultation with government authorities If a notice of significant variation is accepted, the NT EPA must: (a) give a copy of the documents mentioned in regulation 212H to submission period specified in the notice under regulation 212J. Subdivision 3 Consideration after acceptance of notice of

212L NT EPA to consider significant variation If a notice of significant variation is accepted, the NT EPA must consider whether an environmental impact assessment is required for the significant variation.

212M Matters NT EPA must consider in relation to significant under regulation 212N on a significant variation: regulation 212C; (c) any submissions received under regulation 212J or 212K;

Environment Protection Regulations 2020 95 (d) in the case of a significant variation of a non-assessed action or non-assessed strategic proposal: (i) the referral made under section 48 or 49 of the Act of the action or strategic proposal; and (ii) any additional information given to the NT EPA under regulation 40 in relation to the referral mentioned in subparagraph (i); and (iii) any submissions received under regulation 52 or 53 in relation to the referral mentioned in subparagraph (i); (e) the matters mentioned in subregulation (2) or (3), as the case requires. (2) In assessing a significant variation of an EAA referred action to determine whether or not the variation requires an environmental impact assessment, the NT EPA must consider the following: way from the impacts already identified in any assessment process under the Environmental Assessment Act 1982 for the action; output of the action in a way that significantly changes the potential significant impacts from those already identified in any assessment process under the Environmental Assessment Act 1982 for the action; (3) In assessing a significant variation of a non-assessed action or a non-assessed strategic proposal to determine whether or not the variation requires an environmental impact assessment, the NT way from the impacts already identified in relation to the action or strategic proposal referred under section 48 or 49 of the Act;

Environment Protection Regulations 2020 96 output of an action in a way that significantly changes the potential significant impacts from those already identified in relation to the action or strategic proposal referred under section 48 or 49 of the Act;

212N Decision on significant variation (1) The NT EPA may, in relation to a significant variation: required for the matters in the significant variation; or (i) that a standard assessment or strategic assessment is required; and (2) Regulations 59 and 60 apply (with any necessary changes) to the decision on the method of environmental impact assessment. (3) A decision under subregulation (1) must be made within 30 business days after the end of the submission period specified in the notice under regulation 212J. (4) The required period for the NT EPA to make a decision under subregulation (1) ceases to run during any period that the NT EPA carries out a consultation under regulation 60.

212P Notice to proponent of decision or recommendation (a) notice of a decision under regulation 212N; and (2) The notice of decision and the statement of reasons must be given as soon as practicable after the decision is made.

Environment Protection Regulations 2020 97

212Q Notice of decision to be published a decision is made under regulation 212N:

212R Assessment for significant variation regulation 212N(1)(b) that a standard assessment or strategic assessment is required for the matters in the significant variation. (2) Subject to subregulation (3), the NT EPA must carry out an environmental impact assessment of the significant variation. (3) Subject to regulations 212S and 212T, Parts 5 and 6 apply, with the necessary changes, to the assessment of the significant variation as if: (a) the variation were a proposed action or strategic proposal, as the case requires; and (b) in the case of the significant variation of an EAA referred action – a reference in Part 6 to an assessment report includes an addendum to an existing assessment report under

212S Environmental approval for significant variation if specified statutory authorisation granted Subdivision, a statutory authorisation had been granted under any of the following Acts for the action or the actions under the strategic proposal: (a) Energy Pipelines Act 1981; (b) Mining Management Act 2001; (c) Petroleum Act 1984; (d) Planning Act 1999; (e) Waste Management and Pollution Control Act 1998.

Environment Protection Regulations 2020 98 variation may only address the significant impacts that relate to the significant variation, which may include the cumulative impacts of the action or actions, any changes to the action or actions and the

212T Environmental approval for significant variation if other statutory authorisation granted Subdivision, a statutory authorisation other than a statutory authorisation mentioned in section 212S had been granted under any Act for the action or the actions under the strategic proposal. variation may address all significant impacts that are identified in relation to the action or actions and the significant variation, including, in the case of a significant variation of an EAA referred action, any impacts assessed in the assessment of the action under

212U Environmental approval for significant variation if statutory authorisation not required or not granted Subdivision, a statutory authorisation was not required or had not been granted under any Act for the action or the actions under the variation may address all significant impacts that are identified in relation to the action or actions and the significant variation, including, in the case of a significant variation of an EAA referred action, any impacts assessed in the assessment of the action under

212V Application of Part 5 if draft terms of reference for variation (a) the NT EPA has determined under regulation 212N or Part 4,

Division 3 that the assessment of a significant variation is to be an assessment by environmental impact statement; and published under regulation 212H.

Environment Protection Regulations 2020 99 and 100 to 104 do not apply to the terms of reference for the (3) After considering any submissions received under regulations 212J and 212K in relation to the draft terms of reference published under regulation 212H, the NT EPA may: (a) approve the draft terms of reference for the assessment of the significant variation; or (b) approve the draft terms of reference for the assessment of the significant variation with any changes the NT EPA considers appropriate; or period specified in the notice under regulation 212J. assessment under subregulation (3)(c), the NT EPA must prepare

212W Consultation on draft environmental approval (1) This regulation applies to the preparation of a draft environmental approval under Part 6 (as applied by regulation 212R) for a (a) consult with the proponent on the proposed draft environmental approval; and (b) invite the proponent to make a submission to the NT EPA on the matters on which the proponent is consulted. may have a view on the draft environmental approval;

Environment Protection Regulations 2020 100 (ii) in relation to any conditions of the proposed draft environmental approval that relate to a potential health impact of an action – the Chief Health Officer; (iii) in relation to any conditions of the proposed draft environmental approval that relate to a potential impact of an action on a social or cultural matter – the relevant government authority; and submission on matters on which the entity is consulted. Division 3 Process for referral of significant variation after environmental approval granted

213 Application of Division This Division applies if a proposed significant variation of an action is referred to the NT EPA under section 52 of the Act after the environmental approval for the action is granted. Subdivision 2 Initial consideration of referral of significant

214 Additional information about referral (1) On receipt of a referral of a significant variation under section 52 of the Act, the NT EPA may direct the approval holder to give it additional information in relation to the referral within a specified (a) a material omission from the referral; and (b) required to enable the NT EPA to properly consider the referral and whether the referral was required to be made.

Environment Protection Regulations 2020 101 receives the referral. period for the NT EPA to make a decision on the referral under regulation 216, 217 or 218 ceases to run until the information is given. as if the referral of the significant variation were a referral of a proposed action or strategic proposal.

215 Approval holder initiated EIS referral An approval holder may include in a referral of a significant variation under section 52 of the Act: (a) draft terms of reference for an assessment by environmental impact statement for the significant variation; and (b) a statement of reasons why: (i) an assessment by environmental impact statement is required for the significant variation; and (ii) the draft terms of reference are appropriate.

216 Decision whether to accept referral for standard assessment (1) The NT EPA must accept or refuse to accept a referral of a significant variation under section 52 of the Act for a standard assessment if the environmental approval was granted on the basis of a standard assessment. 15 business days after the referral is made. (3) If the NT EPA does not make a decision under subregulation (1) within the required period, the referral is taken to be accepted. (4) This regulation does not apply if the NT EPA decides under regulation 41 (as applied by regulation 214(5)) not to proceed with the referral.

217 Decision whether to accept referral for strategic assessment (1) The NT EPA may accept or refuse to accept a referral of a significant variation under section 52 of the Act for a strategic assessment if it considers it appropriate to do so.

Environment Protection Regulations 2020 102 15 business days after the referral is made. regulation 41 (as applied by regulation 214(5)) not to proceed with the referral.

218 Decision on approval holder initiated EIS referral If a referral of a significant variation includes the matters mentioned in regulation 215(a) and (b), the NT EPA may decide to accept the referral as an approval holder initiated EIS referral.

219 General grounds for refusal to accept referral The NT EPA may refuse to accept a referral of a significant variation under section 52 of the Act if the NT EPA considers that the referral: (c) relates to part of a larger action proposed by the approval holder and information on the whole action is required to make an assessment decision; or (d) was not required to be made.

220 Ground for refusal to accept referral for strategic assessment (1) Without limiting regulation 219, the NT EPA may refuse to accept a referral of a significant variation for a strategic assessment if it considers that a standard assessment is more appropriate. (2) If the NT EPA refuses to accept a referral of a significant variation for a strategic assessment, it may accept the referral as a referral for a standard assessment.

221 Ground for refusal to accept referral as approval holder initiated EIS referral (1) Without limiting regulation 219 or 220, the NT EPA may refuse to accept a referral of a significant variation as an approval holder initiated EIS referral if the NT EPA considers that an assessment by environmental impact statement is unlikely to be required for the

Environment Protection Regulations 2020 103 (2) If the NT EPA refuses to accept a referral of a significant variation as an approval holder initiated EIS referral, it may accept the referral as a referral for a standard assessment or strategic

222 Notice to approval holder of decision (1) The NT EPA must give notice of a decision under regulation 216, 217 or 218 to the approval holder. (a) a statement that the referral of a significant variation has been (b) the name of the approval holder; (c) the name of the action or strategic proposal; (d) the nature of the proposed significant variation. (3) If the NT EPA refuses to accept a referral of a significant variation, the NT EPA must give the approval holder a statement of reasons for the decision. referral of the significant variation, the statement of reasons must be given to the approval holder as soon as practicable after the decision is made.

223 Publication of documents (b) if the decision is to refuse to accept the referral – a statement of reasons for the decision. (2) If the referral is accepted, the NT EPA must also publish the following as soon as practicable after the decision is made: (a) a copy of the referral of the significant variation; (b) any direction given under regulation 214; given under regulation 214;

Environment Protection Regulations 2020 104 (d) for an accepted approval holder initiated EIS referral – the draft terms of reference and statement of reasons provided under regulation 215.

224 Public consultation (1) If a referral of a significant variation is accepted, the NT EPA must (a) advising where the documents mentioned in regulation 223 EPA on the referral of the significant variation within the period (a) for a referral of a significant variation relating to a standard assessment that is not an accepted approval holder initiated EIS referral – 20 business days after the date of the notice; or (b) for a referral of a significant variation relating to a standard assessment that is an accepted approval holder initiated EIS referral – 30 business days after the date of the notice; or (c) for a referral of a significant variation relating to a strategic assessment that is not an accepted approval holder initiated EIS referral – 30 business days after the date of the notice; or (d) for a referral of a significant variation relating to a strategic assessment that is an accepted approval holder initiated EIS referral – 40 business days after the date of the notice.

225 Consultation with government authorities If a referral of a significant variation is accepted, the NT EPA must: (a) give a copy of the documents mentioned in regulation 223 to have a view on the referral; and NT EPA about the referral within the submission period specified in the notice under regulation 224.

Subdivision 3 Consideration of accepted referral of significant variation Environment Protection Regulations 2020 105 Subdivision 3 Consideration of accepted referral of significant 226 Matters NT EPA must consider in relation to significant or recommendation under regulation 227: (a) the referral of the significant variation; regulation 214; (c) any submissions received under regulation 224 or 225; (2) In making a decision or recommendation under regulation 227, the NT EPA must consider the following: (a) whether the potential for significant impact on the environment of the significant variation differs in a material way from the impacts identified in the environmental impact assessment those identified in the environmental impact assessment

227 Decision or recommendation on significant variation (1) The NT EPA must consider the significant variation and decide whether: (a) the environmental impact of the variation can be managed through the existing conditions of the environmental approval; or (b) the environmental impact of the variation can be managed through amendments to the environmental approval; or

Subdivision 3 Consideration of accepted referral of significant variation Environment Protection Regulations 2020 106 (c) the environmental impacts of the variation are such that a new environmental impact assessment of the variation is required. (2) If the NT EPA decides that a new assessment is required for a (a) decide: (b) recommend to the Minister: (i) that the assessment of the significant variation be a (3) Regulations 59, 60 and 61 apply to the decision or recommendation on the method of environmental impact assessment. (4) A decision or recommendation under subregulations (1) and (2) must be made within 30 business days after the end of the submission period specified in the notice under regulation 224. (5) The required period for the NT EPA to make a decision or recommendation under subregulation (1) or (2) ceases to run regulation 60 or 61.

228 Notice to approval holder of decision or recommendation (1) The NT EPA must give the approval holder: (a) notice of a decision or recommendation under regulation 227; and (b) a statement of reasons for the decision or recommendation. reasons must be given as soon as practicable after the decision or recommendation is made.

Environment Protection Regulations 2020 107 229 Notice of decision or recommendation to be published a decision or recommendation is made under regulation 227: Subdivision 4 Implementation of decision on accepted referral of 230 Documents to be provided to Minister if environmental impact assessment not required (1) If the NT EPA makes a decision under regulation 227(1)(a), the NT EPA must prepare and provide to the Minister: (a) a statement setting out the decision; and (2) If the NT EPA makes a decision under regulation 227(1)(b), the NT EPA must prepare and provide to the Minister: (a) the following: (i) a statement setting out the decision; (ii) the statement of reasons for the decision; and (b) a draft amended environmental approval containing the amendments recommended by the NT EPA. (3) The statements and the draft amended environmental approval must be provided to the Minister within 30 business days after the relevant decision is made under regulation 227. mentioned in subregulation (1) or (2) ceases to run during any regulation 233 in relation to the draft amended environmental approval.

231 New assessment for significant variation regulation 227(1)(c) in relation to a significant variation.

Environment Protection Regulations 2020 108 (2) Subject to subregulations (3) and (4), the NT EPA must carry out an assessment of the significant variation. (3) If the NT EPA recommends to the Minister that the assessment of the significant variation be a strategic assessment, Part 4, Division 4 applies, with the necessary changes, as if the variation were a strategic proposal. (4) Subject to regulation 232, Parts 5 and 6 apply, with the necessary changes, to the assessment of the significant variation as if: (a) the variation were a proposed action or strategic proposal; and (b) any reference to the proponent were a reference to the approval holder.

232 Application of Part 5 if draft terms of reference for variation (a) the NT EPA has determined under regulation 227(2) or Part 4, Division 4 that the new assessment of a significant variation is to be an assessment by environmental impact statement; and published under regulation 223. and 100 to 104 do not apply to the draft terms of reference for the (3) After considering any submissions received under regulations 224 and 225 in relation to the draft terms of reference published under regulation 223, the NT EPA may: period specified in the notice under regulation 224.

Environment Protection Regulations 2020 109 assessment under subregulation (3), the NT EPA must prepare

233 Consultation on draft amended environmental approval (1) This regulation applies to the preparation of a draft amended environmental approval mentioned in regulation 230(2)(b). (a) consult with the approval holder on the amendments in the draft amended environmental approval; and (b) invite the approval holder to make a submission to the NT EPA on the matters on which the approval holder is consulted. may have a view on the amendments in the draft amended environmental approval; (ii) in relation to any amendments in the draft amended environmental approval that affect or include conditions relating to a potential health impact of an action – the Chief Health Officer; (iii) in relation to any amendments in the draft amended environmental approval that affect or include conditions relating to a potential impact of an action on a social or cultural matter – the relevant government authority; and submission on the matters on which the entity is consulted.

Environment Protection Regulations 2020 110 Division 1 Risk criteria, standard conditions and conditions generally

233A Purpose of Division This Division: (a) sets out processes for the following: (i) the declaration of risk criteria under section 124T of the Act; (ii) a review of risk criteria under section 124V of the Act; (iii) a review of standard conditions under section 124V of the Act; and (b) prescribes matters for the conditions that may be imposed on an environmental (mining) licence under section 124X or 124Z

233B Application of Subdivision This Subdivision applies if the Minister proposes to declare risk criteria for the environmental impacts or environmental risks of mining activities.

233C Draft declaration to be prepared The Minister must prepare a draft declaration of the risk criteria.

233D Public consultation under regulation 233C.

Environment Protection Regulations 2020 111

233E Decision on draft declaration draft declaration within the comment period specified in the notice under regulation 233D. (a) to declare the risk criteria; or (b) to amend the draft risk criteria and declare the amended risk criteria; or (c) not to declare the risk criteria. (3) The Minister must publish the decision on the declaration of risk criteria together with a statement of reasons. (4) The decision and statement of reasons must be published: (a) for a decision specified in subregulation (2)(a) or (b) – with the publication of the declaration of risk criteria in accordance with section 124T(4) of the Act; or (b) otherwise – as soon as practicable after the decision is made.

233F Application of Subdivision This Subdivision applies if the Minister conducts a review of the risk criteria under section 124V of the Act.

233G Public consultation (1) The Minister must publish a notice of the review of the risk criteria. (2) The notice: (a) may include any proposed revised risk criteria; and

Environment Protection Regulations 2020 112 (b) must invite interested persons to make written comments to the Minister on the risk criteria and any proposed revised risk criteria within the period specified in the notice.

233H Consultation with mining operators (1) The Minister must make reasonable efforts to notify any mining operator whose environmental (mining) licence is subject to the risk criteria of the proposal to review the risk criteria. (2) The notice: (a) may include any proposed revised risk criteria; and (b) must invite the mining operator to make written comments to the Minister on the risk criteria and any proposed revised risk criteria within the period specified in the notice.

233J Decision on review of risk criteria risk criteria and any proposed revised risk criteria within the comment period specified in the relevant notice under regulations 233G and 233H. (2) After considering the comments and completing the review, the Minister may decide: (a) if proposed revised risk criteria were published with the notice: (i) to accept the revised risk criteria; or (ii) to amend the revised risk criteria and accept the amended risk criteria; or (iii) to develop new risk criteria; or (iv) not to amend the risk criteria; or (b) if proposed revised risk criteria were not published with the notice: (i) to develop new risk criteria; or (ii) to amend the risk criteria; or

Environment Protection Regulations 2020 113 (iii) not to amend the risk criteria.

233K Decision on review to be published The Minister must publish the decision on a review of the risk criteria together with a statement of reasons, as soon as practicable after the decision is made.

233L Public consultation on new or amended risk criteria (1) If the Minister does not publish or provide proposed revised risk criteria under regulations 233G and 233H, the Minister must publish a notice of any proposed new or amended risk criteria before making a decision to accept the new or amended risk criteria. (2) Regulations 233G, 233H and 233J apply to the publication or provision of the notice and the consideration of comments on the proposed new or amended risk criteria.

233M Application of Subdivision This Subdivision applies if the Minister conducts a review of the standard conditions under section 124V of the Act.

233N Consultation with mining operators (1) The Minister must make reasonable efforts to notify any mining operator whose environmental (mining) licence is subject to the standard conditions of the proposal to review the standard conditions. (a) include any proposed amendments to the standard conditions; and (b) invite the mining operator to make written comments to the Minister on the proposed amendments to the standard conditions within the period specified in the notice.

233P Decision on proposed amendments to standard conditions proposed amendments to the standard conditions within the comment period specified in the notice under regulation 233N.

Environment Protection Regulations 2020 114 (2) After considering the comments and completing the review, the Minister may decide: (a) to amend the standard conditions in accordance with the proposed amendments to the standard conditions; or (b) to amend the proposed amendments to the standard conditions and amend the standard conditions accordingly; or (c) not to amend the standard conditions.