88PMTerms of reference for environmental impact statement

#### 88PM Terms of reference for environmental impact statement (1) The Authority must give the applicant written terms of reference (the EIS terms) for: (a) preparing a draft environmental impact statement about the relevant impacts of the proposed conduct; and (b) obtaining the Authority’s approval to publish the draft statement; and (c) publishing within a specified period after obtaining that approval: (i) the draft statement; and (ii) an advertisement (the EIS advertisement) inviting interested persons to make written comments to the Authority about the draft statement or the proposed conduct within a period for comment of not less than 20 business days specified in the EIS 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 statement 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 88PN (publication of EIS advertisement by Authority) or with the fact that no such comments are received; and (f) finalising the draft environmental impact statement, taking account of any such comments, and including in the finalised statement a summary of any such comments and the way in which they are addressed in the statement; and (g) publishing the finalised statement. > Note: This regulation and regulation 88PN do not apply if: (a) the application is an EPBC referral deemed application; and (b) under regulation 88PO, the Authority notifies the applicant that EIS guidelines given to the applicant under section 101A of the Environment Protection and Biodiversity Conservation Act 1999 also apply for the purposes of assessing the relevant impacts of the proposed conduct. EIS terms about draft statement (2) The EIS terms must set out requirements for the content and presentation of the draft statement. (3) In preparing the EIS terms the Authority must seek to ensure that the draft statement will contain enough information about the proposed conduct and its relevant impacts to allow: (a) a reader of the draft statement 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. EIS terms about publication of EIS advertisement (4) The EIS terms must require the EIS 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 EIS terms may also require publication of the EIS advertisement in other ways. Applicant to act in accordance with EIS terms (5) The applicant must act in accordance with the EIS terms. > Note: If the applicant does not publish the EIS advertisement within the period specified in the EIS 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 EIS terms in some other way, the Authority may declare that the application is taken to be withdrawn (see regulation 88PQ).