Div 4Environmental impact

Division 4—Environmental impact Subdivision 1—Preliminary 58—Objects The objects of this Division are as follows: (a) ensuring that authorised operations that have or may have adverse effects on the environment are managed so as to reduce environmental damage as far as reasonably practicable; (b) eliminating, as far as reasonably practicable, the risk of significant long term environmental damage as a result of undertaking authorised operations; (c) ensuring that land adversely affected by authorised operations is properly rehabilitated. 59—Interpretation In this Division— authorised operations includes activities undertaken under a renewable energy feasibility permit; licence includes a renewable energy feasibility permit; licensee includes— (a) an applicant for a licence; and (b) an applicant for a renewable energy feasibility permit; and (c) the holder of a renewable energy feasibility permit. 60—Environmental impact assessment criteria (1) The Minister must, by notice in the Gazette, determine criteria (the environmental impact assessment criteria) against which the environmental impact of authorised operations is to be assessed for the purposes of this Division. (2) The Minister may, in accordance with any requirements prescribed by the regulations, undertake a review of the environmental impact assessment criteria. (3) The Minister must— (a) before determining the environmental impact assessment criteria; or (b) in undertaking a review of the environmental impact assessment criteria, undertake consultation with persons or agencies prescribed by the regulations in a manner prescribed by the regulations. Subdivision 2—Environmental impact report 61—Environmental impact report (1) A report (an environmental impact report) in respect of proposed authorised operations must be prepared for the purpose of the approval of a statement of environmental objectives under section 62. (2) An environmental impact report must— (a) take into account the environment, cultural and other values as those matters are relevant to the assessment; and (b) take into account risks inherent in the authorised operations to the health and safety of the public; and (c) contain sufficient information to make possible an informed assessment of the likely impact of the authorised operations on the environment; and (d) include an assessment of the environmental impact of authorised operations to which the report applies against the environmental impact assessment criteria; and (e) be prepared in accordance with the requirements of the regulations. (3) An assessment under subsection (2)(d) must be made in a manner, and comply with any requirements, determined by the Minister or prescribed by the regulations. (4) Consultation on the proposed environmental impact report must be undertaken in accordance with the requirements prescribed by the regulations. (5) An environmental impact report— (a) may relate to regulated activities generally or a particular class of regulated activities; and (b) may be applicable to the whole of the State or be limited to a particular part of the State. Subdivision 3—Statement of environmental objectives 62—Statement of environmental objectives (1) The Minister must not grant a licence unless an approved statement of environmental objectives in respect of proposed authorised operations is in force. (2) A statement of environmental objectives must— (a) address the matters contained in the environmental impact report; and (b) set out the following: (i) environmental objectives that must be achieved in undertaking authorised operations to which the statement will apply; (ii) leading performance criteria; (iii) immediately reportable incidents and reportable incidents (both within the meaning of section 47); and (c) include, as an objective, the rehabilitation of land adversely affected by authorised operations; and (d) contain any other information prescribed by the regulations. (3) The Minister may, on application by a licensee or a group of licensees, determine that a statement of environmental objectives may relate to a group of licences within a particular area and, in such a case— (a) the licensees within the ambit of the determination may prepare and submit for approval a combined statement of environmental objectives for the purposes of this Subdivision; and (b) this Subdivision will apply to the licensees with such modifications as may be necessary for the purpose. (4) The regulations may set out or adopt a statement of environmental objectives that may apply in relation to authorised operations of a prescribed class. (5) If— (a) a statement of environmental objectives is in place under subsection (4); and (b) proposed authorised operations fall within the ambit of that statement, the licensee may, subject to complying with any requirement prescribed by the regulations for the purposes of this subsection, rely on the statement of environmental objectives prescribed by the regulations (and in that case the licensee is not required to submit a statement for approval in accordance with this Subdivision). (6) A statement of environmental objectives— (a) may be generally applicable throughout the State; or (b) may be limited to a specific part of the State. (7) It is a condition of a licence that the licensee must comply with a statement of environmental objectives in force in relation to the licence. (8) A licensee must not undertake authorised operations unless an approved statement of environmental objectives is in force in relation to the licence. 63—Approval of statement of environmental objectives (1) An application for approval of a statement of environmental objectives must be made in a manner and form, and contain the particulars, determined by the Minister or prescribed by the regulations. (2) The Minister may require an applicant for approval under this section to provide the Minister with any additional information specified by the Minister (and that information must be provided within the period specified by the Minister). (3) An applicant for approval under this section must undertake consultation on the proposed statement of environmental objectives in accordance with the requirements prescribed by the regulations. (4) The Minister may, on the receipt of an application for approval of a proposed statement of environmental objectives— (a) approve the statement without amendment; or (b) after consultation with the relevant licensee—require amendments to the proposed statement or the environmental impact report on which the statement is based in order to ensure that it complies with the requirements of this Division and to ensure consistency with the other provisions of this Act; or (c) reject the proposed statement on the basis that it does not comply with the requirements of section 62(2) or any other relevant provision of this Act. (5) If a proposed statement of environmental objectives is required to be amended under subsection (4)(b), but not substantially, the Minister may approve it in its amended form but, if it is substantially amended, the Minister must undertake consultation in accordance with Subdivision 6 until it is approved without further substantial amendment. 64—Review of statement of environmental objectives (1) A statement of environmental objectives must be reviewed— (a) if the Minister directs that the statement of environmental objectives be reviewed; or (b) if a review is required at a time, or in circumstances, prescribed by the regulations. (2) A review must be conducted— (a) in accordance with any requirements prescribed by the regulations; and (b) taking into account the requirements of section 62(2) so as to provide consistency with those requirements; and (c) within a period prescribed by the regulations. (3) A statement of environmental objectives that is revised as a result of a review undertaken under this section (a revised statement of environmental objectives) must be provided to the Minister for approval in accordance with any requirements prescribed by the regulations. (4) The Minister may, on the receipt of a revised statement of environmental objectives— (a) approve the revised statement without amendment; or (b) after consultation with the relevant licensee—require amendments to the revised statement in order to ensure that it complies with the requirements of section 62(2) and to ensure consistency with the other provisions of this Act; or (c) reject the revised statement on the basis that it does not comply with the requirements of section 62(2) or any other relevant provision of this Act. (5) If a revised statement of environmental objectives submitted to the Minister under this section is required to be amended under subsection (4)(b), but not substantially, the Minister may approve it in its amended form but, if it is substantially amended, the Minister must undertake consultation in accordance with Subdivision 6 until it is approved without further substantial amendment. (6) A licensee must not fail to comply with a requirement under this section. 65—Notice of approval (1) On approving a statement (or revised statement) of environmental objectives, the Minister must give notice of the approval in the Gazette. (2) The statement of environmental objectives comes into force when notice of its approval is published in the Gazette or on a later date specified in the notice of approval. Subdivision 4—Operational management plan 66—Operational management plan (1) A licensee must not commence authorised operations unless a plan that complies with the requirements of this Subdivision and approved by the Minister (an operational management plan) is in force in relation to the licence. (2) An operational management plan must— (a) specify the authorised operations proposed to be undertaken; and (b) specify the statement of environmental objectives to which the plan applies; and (c) specify how proposed authorised operations will be managed, including details of the management systems and controls that will ensure compliance with the relevant statement of environmental objectives; and (d) contain any other information and comply with any other requirements as prescribed by the regulations. (3) The regulations may set out or adopt an operational management plan that may apply— (a) to a group of licences within a particular area; or (b) in relation to operations of a prescribed class. (4) The regulations may provide for the manner in which compliance with an operational management plan is to be monitored and enforced. 67—Approval of operational management plan (1) An application for approval of an operational management plan must be made in a manner and form, and contain the particulars, determined by the Minister or prescribed by the regulations. (2) The Minister may require an applicant for approval under this section to provide the Minister with any additional information specified by the Minister (and that information must be provided within the period specified by the Minister). (3) The Minister may, on the receipt of an application for approval of an operational management plan— (a) approve the plan without amendment; or (b) after consultation with the licensee—require the licensee to make amendments to the plan in order to ensure that the plan complies with the requirements of section 66(2) and to ensure consistency with the other provisions of this Act; or (c) reject the plan on the basis that it does not comply with the requirements of section 66(2) (or any other relevant provision of this Act). 68—Review of operational management plan (1) A licensee must, if required to do so by the Minister, review an operational management plan in accordance with this section. (2) A review of an operational management plan under this section must be conducted— (a) in accordance with any requirements prescribed by the regulations; and (b) taking into account the requirements of section 66(2) and so as to provide consistency with those requirements. (3) An operational management plan revised as a result of a review under this section (a revised operational management plan) must be provided to the Minister in accordance with any requirements prescribed by the regulations. (4) The Minister may, on the receipt of a revised operational management plan— (a) approve the plan without amendment; or (b) after consultation with the licensee—require the licensee to make amendments to the plan in order to ensure that the plan complies with the requirements of section 66(2) and to ensure consistency with the other provisions of this Act; or (c) reject the plan on the basis that it does not comply with the requirements of section 66(2) or any other relevant provision of this Act. (5) A licensee must not fail to comply with a requirement under this section. Subdivision 5—Scoping report 69—Interpretation In this Subdivision— prescribed licence means a licence of a class prescribed by the regulations for the purposes of this Subdivision; prescribed person means— (a) the holder of a prescribed licence; or (b) an applicant for a prescribed licence. 70—Object (1) The object of this Subdivision is to establish a scheme that— (a) provides prescribed persons with an opportunity to obtain greater certainty with respect to government and community expectations as to the scope of work and the level and extent of assessment relating to environmental impacts that are relevant to regulated activities, including by taking the initiative through the preparation and provision of scoping reports; and (b) provides for projects to be categorised according to their level of potential environmental impacts and assigned to assessment pathways that are appropriate in their particular circumstances, after taking into account information and other material provided in or in connection with scoping reports; and (c) ensures that project assessments are commensurate with the level of environmental impacts after taking into account project type, scale, duration and the sensitivity of the location of regulated activities; and (d) ensures that projects are assessed within a scheme that promotes efficiencies, transparency and clarity as to approval pathways and technical assessments. (2) This Subdivision may apply in relation to a particular project even if an application is yet to be made for a licence. 71—Scoping report (1) A scoping report is a report provided for the purposes of this Subdivision as a means of developing, assessing and providing, to such extent as may be reasonable and relevant, information relating to 1 or more of the following: (a) categorising the level of environmental impact of authorised operations to be undertaken under a prescribed licence; (b) determining the reasonable and relevant level of detail for information to be provided to the Minister for the purposes of environmental impact assessment as part of the consideration of an application for a prescribed licence; (c) identifying and prioritising the issues that are associated with environmental impact assessment as part of the consideration of an application for a prescribed licence; (d) determining the extent of work required to be undertaken for the purposes of environmental impact assessment as part of the consideration of an application for a prescribed licence; (e) if it is relevant in the circumstances or is reasonable or appropriate to do so—determining the impacts of a prescribed licence on people or communities, including by providing information about the measures that are to be used to manage, limit or remedy those impacts (in the case of negative impacts), or to facilitate or ensure those impacts (in the case of positive impacts). (2) A prescribed person may provide a scoping report to the Minister at any time that is reasonable and appropriate. (3) The Minister may require a prescribed person to provide a scoping report if such a report has not been provided by the prescribed person. (4) A scoping report— (a) must be provided in a manner and form determined by the Minister; and (b) in the case of a report required under subsection (3), must be provided within a period, or at a time or stage, determined by the Minister. (5) The Minister may require the prescribed person to provide the Minister with additional information specified by the Minister (and that information must be provided within any period specified by the Minister). (6) Any information provided under this section must— (a) be balanced, objective and concise; and (b) state any limitations that apply, or should apply, to the use of information; and (c) identify any matter in relation to which there is a significant lack of information or a significant degree of uncertainty; and (d) so far as is relevant, identify the sensitivity to change of any assumption that has been made and any significant risks that may arise if an assumption is later found to be incorrect; and (e) be in a form determined by the Minister, be supported by such evidence as the Minister may determine, and comply with any requirement of the Minister relating to the amount or detail of information that must be provided. (7) A prescribed person must undertake consultation on the scoping report in accordance with the requirements prescribed by the regulations. Subdivision 6—Matters to be undertaken by Minister 72—Public consultation (1) Subject to this Division, the Minister must, in accordance with the requirements prescribed by the regulations, undertake public consultation on— (a) an environmental impact report; and (b) a statement (or revised statement) of environmental objectives; and (c) a scoping report. (2) Without limiting subsection (1), regulations made under this section may address the following: (a) the manner and form in which the Minister is to give notice to the public that consultation is to occur; (b) the manner in which the report or statement may be made available to members of the public; (c) the manner in which submissions are to be made to the Minister and the time before which submissions must be provided to the Minister (which must be not less than 30 business days from the day on which notice is given under paragraph (a)); (d) the publication of submissions by the Minister (including that the Minister may refuse to publish submissions on grounds that the submissions are irrelevant, offensive or on any other grounds that the Minister thinks fit); (e) any action that must be undertaken as a result of, or in response to, the consultation. (3) Subject to the regulations, in determining whether or not to approve a statement (or revised statement) of environmental objectives, the Minister must have regard to any submissions received under this section. 73—Referral of matter to prescribed body (1) This section applies to the following documents: (a) an environmental impact report; (b) a statement (or revised statement) of environmental objectives; (c) a scoping report. (2) The Minister must, before approving a document to which this section applies, refer the document to a prescribed body for its response. (3) A prescribed body may, by notice to the Minister, request further information be provided to them to enable them to determine a response to a matter referred to them under this section. (4) A prescribed body to whom a referral is made under this section must respond to the Minister in writing within the prescribed period (or any other period allowed by the Minister). (5) A prescribed body is not subject to Ministerial direction in relation to determining its response to a matter referred to it under this section. (6) The Minister may, before a prescribed body responds to a matter referred to it under this section, withdraw the reference or, at the request or with the consent of the prescribed body, vary the matter referred. (7) If a prescribed body fails to respond to the Minister within the period allowed under this section, it will be presumed that the prescribed body does not intend to respond to the document referred to it. (8) The Minister must ensure that a person of a kind prescribed by the regulations for the purposes of this subsection is informed of any response given by the prescribed body. (9) Subject to the regulations, in determining whether or not to approve a statement (or revised statement) of environmental objectives, the Minister must have regard to any response received under this section. (10) In this section— prescribed body means— (a) the Minister to whom the administration of the Aquaculture Act 2001 is committed; and (b) the Minister to whom the administration of the Fisheries Management Act 2007 is committed; and (c) the Minister to whom the administration of the Livestock Act 1997 is committed; and (d) any other body prescribed by the regulations for the purposes of this definition. 74—Minister may determine relevant authorisation Subject to the regulations, the Minister may, in relation to— (a) the grant of a licence; or (b) the approval of an operation management plan or a revised operational management plan, determine that— (c) the licensee is taken to have been granted an authorisation under a provision of the Planning, Development and Infrastructure Act 2016 specified in the notice; and (d) the authorisation taken to have been granted under paragraph (c) will have effect as such an authorisation for the purposes of any other Act specified in the notice.