173Decision or recommendation on significant variation

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