QLDIn ForceAct
Environmental Protection Act 1994
sec.37When EIS process applies
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### sec.37 When EIS process applies
This part applies for a project, other than a coordinated project, if—
an EIS requirement is in force in relation to an application for an environmental authority for a mining activity that is, or is part of, the project; or
an EIS requirement is in force in relation to an application for an environmental authority for a resource activity, other than a mining activity; or
an EIS has been required for the project under an Act as follows for which it has, under the Act , been decided or required that this part applies to the preparation of the EIS—
the Commonwealth Environment Act ;
the State Development Act ;
See the State Development Act , part 4 , division 2 and division 3 , subdivision 1 .
another State Act or another Commonwealth Act; or
the voluntary preparation of an EIS for the project has been approved under part 2 ; or
the chief executive has, under part 3 —
decided that an EIS would be required under this Act for an application for an environmental authority for the project; or
approved the voluntary preparation of an EIS for the project; or
the project is of a type prescribed under a regulation for which approval by a Commonwealth or State authority is required.
However, an EIS under this Act can not be used for making a decision under the Planning Act , other than a decision in relation to a project mentioned in subsection (1) (a) or (b) .
In this section—
authority , for the Commonwealth, includes the Minister of the Commonwealth for the time being administering the Commonwealth Environment Act .
EIS includes a statement, however called, that is similar to an EIS.
project includes—
a development or proposed development; and
an action or proposed action; and
a plan or policy.
s 37 prev s 37 om 1999 No. 19 sch
pres s 37 ins 2000 No. 64 s 6
amd 2001 No. 46 s 8 ; 2004 No. 48 s 31 ; 2009 No. 3 s 456 ; 2009 No. 36 s 872 sch 2 ; 2012 No. 16 s 78 sch ; 2013 No. 6 s 50 sch ; 2014 No. 40 s 154 sch 1 pt 1 ; 2020 No. 26 s 3
(sec.37-ssec.1) This part applies for a project, other than a coordinated project, if— an EIS requirement is in force in relation to an application for an environmental authority for a mining activity that is, or is part of, the project; or an EIS requirement is in force in relation to an application for an environmental authority for a resource activity, other than a mining activity; or an EIS has been required for the project under an Act as follows for which it has, under the Act , been decided or required that this part applies to the preparation of the EIS— the Commonwealth Environment Act ; the State Development Act ; See the State Development Act , part 4 , division 2 and division 3 , subdivision 1 . another State Act or another Commonwealth Act; or the voluntary preparation of an EIS for the project has been approved under part 2 ; or the chief executive has, under part 3 — decided that an EIS would be required under this Act for an application for an environmental authority for the project; or approved the voluntary preparation of an EIS for the project; or the project is of a type prescribed under a regulation for which approval by a Commonwealth or State authority is required.
(sec.37-ssec.2) However, an EIS under this Act can not be used for making a decision under the Planning Act , other than a decision in relation to a project mentioned in subsection (1) (a) or (b) .
(sec.37-ssec.3) In this section— authority , for the Commonwealth, includes the Minister of the Commonwealth for the time being administering the Commonwealth Environment Act . EIS includes a statement, however called, that is similar to an EIS. project includes— a development or proposed development; and an action or proposed action; and a plan or policy.
- (a) an EIS requirement is in force in relation to an application for an environmental authority for a mining activity that is, or is part of, the project; or
- (b) an EIS requirement is in force in relation to an application for an environmental authority for a resource activity, other than a mining activity; or
- (c) an EIS has been required for the project under an Act as follows for which it has, under the Act , been decided or required that this part applies to the preparation of the EIS— (i) the Commonwealth Environment Act ; (ii) the State Development Act ; Note— See the State Development Act , part 4 , division 2 and division 3 , subdivision 1 . (iii) another State Act or another Commonwealth Act; or
- (i) the Commonwealth Environment Act ;
- (ii) the State Development Act ; Note— See the State Development Act , part 4 , division 2 and division 3 , subdivision 1 .
- (iii) another State Act or another Commonwealth Act; or
- (d) the voluntary preparation of an EIS for the project has been approved under part 2 ; or
- (e) the chief executive has, under part 3 — (i) decided that an EIS would be required under this Act for an application for an environmental authority for the project; or (ii) approved the voluntary preparation of an EIS for the project; or
- (i) decided that an EIS would be required under this Act for an application for an environmental authority for the project; or
- (ii) approved the voluntary preparation of an EIS for the project; or
- (f) the project is of a type prescribed under a regulation for which approval by a Commonwealth or State authority is required.
- (i) the Commonwealth Environment Act ;
- (ii) the State Development Act ; Note— See the State Development Act , part 4 , division 2 and division 3 , subdivision 1 .
- (iii) another State Act or another Commonwealth Act; or
- (i) decided that an EIS would be required under this Act for an application for an environmental authority for the project; or
- (ii) approved the voluntary preparation of an EIS for the project; or
- (a) a development or proposed development; and
- (b) an action or proposed action; and
- (c) a plan or policy.