sec.35Matters to be complied with for environmental management decisions

### sec.35 Matters to be complied with for environmental management decisions The administering authority must, for making an environmental management decision relating to an environmentally relevant activity, other than a prescribed ERA— carry out an environmental objective assessment against the environmental objective and performance outcomes mentioned in schedule 8 , part 3 , divisions 1 and 2 ; and consider the environmental values declared under this regulation; and if the activity is to be carried out in a strategic environmental area—consider the impacts of the activity on the environmental attributes for the area under the Regional Planning Interests Act 2014 ; and consider each of the following under any relevant environmental protection policies— the management hierarchy; environmental values; quality objectives; the management intent; and if a bilateral agreement requires the matters of national environmental significance to be considered—consider those matters. However, the administering agency is not required to consider the matters mentioned in subsection (1) (e) if the Coordinator-General, under the State Development Act , section 54Y , issues an environmental approval for the undertaking of all or part of a coordinated project to which the activity relates. For an environmental management decision relating to a prescribed ERA, other than the prescribed ERA mentioned in schedule 2 , section 13A , the administering authority making the decision must— carry out an environmental objective assessment against the environmental objective and performance outcomes mentioned in schedule 8 , part 3 , division 1 ; and consider the matters mentioned in subsection (1) (b) , (c) and (d) . For an environmental management decision relating to the prescribed ERA mentioned in schedule 2 , section 13A , the administering authority making the decision must— carry out an environmental objective assessment against the environmental objectives for water and groundwater mentioned in schedule 8 , part 3 , division 1 , to the extent the performance outcomes for the environmental objectives relate to fine sediment, or dissolved inorganic nitrogen, entering the water of the Great Barrier Reef or Great Barrier Reef catchment waters; and consider each environmental value, declared under this regulation, to the extent the value relates to fine sediment, or dissolved inorganic nitrogen, entering the water of the Great Barrier Reef or Great Barrier Reef catchment waters; and if the activity is to be carried out in a strategic environmental area—consider the impacts of the activity on each environmental attribute for the area under the Regional Planning Interests Act 2014 , to the extent the attribute relates to fine sediment, or dissolved inorganic nitrogen, entering the water of the Great Barrier Reef or Great Barrier Reef catchment waters; and consider each of the following matters under a relevant environmental protection policy, to the extent the matter relates to fine sediment, or dissolved inorganic nitrogen, entering the water of the Great Barrier Reef or Great Barrier Reef catchment waters— the management hierarchy; environmental values; quality objectives; the management intent. s 35 amd 2019 SL No. 234 s 7 ; 2020 Act No. 26 s 118 sch 1 (sec.35-ssec.1) The administering authority must, for making an environmental management decision relating to an environmentally relevant activity, other than a prescribed ERA— carry out an environmental objective assessment against the environmental objective and performance outcomes mentioned in schedule 8 , part 3 , divisions 1 and 2 ; and consider the environmental values declared under this regulation; and if the activity is to be carried out in a strategic environmental area—consider the impacts of the activity on the environmental attributes for the area under the Regional Planning Interests Act 2014 ; and consider each of the following under any relevant environmental protection policies— the management hierarchy; environmental values; quality objectives; the management intent; and if a bilateral agreement requires the matters of national environmental significance to be considered—consider those matters. (sec.35-ssec.2) However, the administering agency is not required to consider the matters mentioned in subsection (1) (e) if the Coordinator-General, under the State Development Act , section 54Y , issues an environmental approval for the undertaking of all or part of a coordinated project to which the activity relates. (sec.35-ssec.3) For an environmental management decision relating to a prescribed ERA, other than the prescribed ERA mentioned in schedule 2 , section 13A , the administering authority making the decision must— carry out an environmental objective assessment against the environmental objective and performance outcomes mentioned in schedule 8 , part 3 , division 1 ; and consider the matters mentioned in subsection (1) (b) , (c) and (d) . (sec.35-ssec.4) For an environmental management decision relating to the prescribed ERA mentioned in schedule 2 , section 13A , the administering authority making the decision must— carry out an environmental objective assessment against the environmental objectives for water and groundwater mentioned in schedule 8 , part 3 , division 1 , to the extent the performance outcomes for the environmental objectives relate to fine sediment, or dissolved inorganic nitrogen, entering the water of the Great Barrier Reef or Great Barrier Reef catchment waters; and consider each environmental value, declared under this regulation, to the extent the value relates to fine sediment, or dissolved inorganic nitrogen, entering the water of the Great Barrier Reef or Great Barrier Reef catchment waters; and if the activity is to be carried out in a strategic environmental area—consider the impacts of the activity on each environmental attribute for the area under the Regional Planning Interests Act 2014 , to the extent the attribute relates to fine sediment, or dissolved inorganic nitrogen, entering the water of the Great Barrier Reef or Great Barrier Reef catchment waters; and consider each of the following matters under a relevant environmental protection policy, to the extent the matter relates to fine sediment, or dissolved inorganic nitrogen, entering the water of the Great Barrier Reef or Great Barrier Reef catchment waters— the management hierarchy; environmental values; quality objectives; the management intent. - (a) carry out an environmental objective assessment against the environmental objective and performance outcomes mentioned in schedule 8 , part 3 , divisions 1 and 2 ; and - (b) consider the environmental values declared under this regulation; and - (c) if the activity is to be carried out in a strategic environmental area—consider the impacts of the activity on the environmental attributes for the area under the Regional Planning Interests Act 2014 ; and - (d) consider each of the following under any relevant environmental protection policies— (i) the management hierarchy; (ii) environmental values; (iii) quality objectives; (iv) the management intent; and - (i) the management hierarchy; - (ii) environmental values; - (iii) quality objectives; - (iv) the management intent; and - (e) if a bilateral agreement requires the matters of national environmental significance to be considered—consider those matters. - (i) the management hierarchy; - (ii) environmental values; - (iii) quality objectives; - (iv) the management intent; and - (a) carry out an environmental objective assessment against the environmental objective and performance outcomes mentioned in schedule 8 , part 3 , division 1 ; and - (b) consider the matters mentioned in subsection (1) (b) , (c) and (d) . - (a) carry out an environmental objective assessment against the environmental objectives for water and groundwater mentioned in schedule 8 , part 3 , division 1 , to the extent the performance outcomes for the environmental objectives relate to fine sediment, or dissolved inorganic nitrogen, entering the water of the Great Barrier Reef or Great Barrier Reef catchment waters; and - (b) consider each environmental value, declared under this regulation, to the extent the value relates to fine sediment, or dissolved inorganic nitrogen, entering the water of the Great Barrier Reef or Great Barrier Reef catchment waters; and - (c) if the activity is to be carried out in a strategic environmental area—consider the impacts of the activity on each environmental attribute for the area under the Regional Planning Interests Act 2014 , to the extent the attribute relates to fine sediment, or dissolved inorganic nitrogen, entering the water of the Great Barrier Reef or Great Barrier Reef catchment waters; and - (d) consider each of the following matters under a relevant environmental protection policy, to the extent the matter relates to fine sediment, or dissolved inorganic nitrogen, entering the water of the Great Barrier Reef or Great Barrier Reef catchment waters— (i) the management hierarchy; (ii) environmental values; (iii) quality objectives; (iv) the management intent. - (i) the management hierarchy; - (ii) environmental values; - (iii) quality objectives; - (iv) the management intent. - (i) the management hierarchy; - (ii) environmental values; - (iii) quality objectives; - (iv) the management intent.