95NT EPA may reconsider method of environmental impact

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