88PITerms of reference for public environment report

#### 88PI Terms of reference for public environment report (1) The Authority must give the applicant written terms of reference (the PER terms) for: (a) preparing a draft public environment report about the relevant impacts of the proposed conduct; and (b) obtaining the Authority’s approval to publish the draft report; and (c) publishing within a specified period after obtaining that approval: (i) the draft report; and (ii) an advertisement (the PER advertisement) inviting interested persons to make written comments to the Authority about the draft report or the proposed conduct within a period for comment of not less than 20 business days specified in the PER terms, and setting out an address to which any such comments must be sent; and (d) other steps (if any) to be taken by the applicant to seek comments about the draft report or the proposed conduct; and (e) dealing with any comments received in response to the actions described in any of paragraphs (c) and (d) and regulation 88PJ (publication of PER advertisement by Authority) or with the fact that no such comments are received; and (f) finalising the draft public environment report, taking account of any such comments, and including in the finalised report a summary of any such comments and the way in which they are addressed in the report; and (g) publishing the finalised report. > Note: This regulation and regulation 88PJ do not apply if: (a) the application is an EPBC referral deemed application; and (b) under regulation 88PK, the Authority notifies the applicant that PER guidelines given to the applicant under section 96A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct. PER terms about draft report (2) The PER terms must set out requirements for the content and presentation of the draft report. (3) In preparing the PER terms the Authority must seek to ensure that the draft report will contain enough information about the proposed conduct and its relevant impacts to allow: (a) a reader of the draft report to understand the nature of the proposed conduct and to make informed comments on the relevant impacts of the proposed conduct; and (b) the Authority to make an informed decision whether or not to grant the permission. PER terms about publication of PER advertisement (4) The PER terms must require the PER advertisement to be published in a newspaper circulating in an area of Queensland adjacent to the part of the Marine Park in which the proposed conduct is to occur. The PER terms may also require publication of the PER advertisement in other ways. Applicant to act in accordance with PER terms (5) The applicant must act in accordance with the PER terms. > Note: If the applicant does not publish the PER advertisement within the period specified in the PER terms, the application is taken to be withdrawn at the end of that period (see regulation 88PP). If the applicant delays acting in accordance with the PER terms in some other way, the Authority may declare that the application is taken to be withdrawn (see regulation 88PQ).