sec.37When EIS process applies

### 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.