Sch 1Application of the new Act

Schedule 1—Application of the new Act   1  Definitions (1) In this Schedule: action has the meaning given by the new Act. Administrative Procedures means the administrative procedures approved by the Governor‑General by order under the EPIP Act. EPIP Act means the Environment Protection (Impact of Proposals) Act 1974. EPIP activity means an activity:  (a) described in subsection 5(1) of the EPIP Act; and  (b) proposed before the commencement of the new Act to be undertaken; and  (c) for which a proponent was designated under the Administrative Procedures before the commencement of the new Act. finalised has the meaning given by item 2. (2) For the purposes of this Schedule, an action is related to an EPIP activity or a Commonwealth action (as defined in the Administrative Procedures) if the EPIP activity or Commonwealth action did, does, will or is likely to have the effect of permitting, causing, promoting or facilitating the action. 2  When is environmental assessment finalised? (1) This item applies in relation to an environmental impact statement, public environment report or inquiry directed under the EPIP Act or the Administrative Procedures (regardless of whether the EPIP Act and Administrative Procedures apply of their own force or because of Part 2 of Schedule 3 to this Act). (2) An environmental impact statement is finalised when the final environmental impact statement is given to the Department responsible for the EPIP Act. (3) A public environment report is finalised when:  (a) a copy of all written comments (if any) received under the Administrative Procedures on the report has been given to the Department responsible for the EPIP Act, if the report is to be made available for public comment under the Administrative Procedures; or  (b) the report is given to the Minister or Department responsible for the EPIP Act, if the report is not to be made available for public comment under the Administrative Procedures. (4) An inquiry report is finalised when it is given to the Minister responsible for the EPIP Act. 3  Actions assessed under the EPIP Act before the new Act commences need not be assessed under the new Act Actions that are EPIP activities (1) Neither Part 3, nor Subdivision A of Division 4 of Part 11, of the new Act applies to an action that is an EPIP activity if, before the commencement of the new Act, all of the provisions of the Administrative Procedures (except those dealing with review of environmental aspects of proposed actions) relevant to the EPIP activity had been complied with. Note: The EPIP Act and Administrative Procedures continue to apply to the EPIP activity. See Part 2 of Schedule 3 to this Act. Actions related to EPIP activities (2) Neither Part 3, nor Subdivision A of Division 4 of Part 11, of the new Act applies to an action that is related to an EPIP activity if:  (a) before the commencement of the new Act, all of the provisions of the Administrative Procedures (except those dealing with review of environmental aspects of proposed actions) relevant to the EPIP activity had been complied with; and  (b) in complying with those provisions, the certain and likely impacts of the action were taken into account.