Part 6Environmental impact

Part 6—Environmental impact 31—Environmental impact assessment criteria (1) Pursuant to section 60(2) of the Act, the Minister should aim to review the environmental impact assessment criteria at least once every 5 years. (2) For the purposes of section 60(3) of the Act, the following are prescribed persons or agencies: (a) an administrative unit of the Public Service that, under a Minister, is responsible for the administration of a prescribed Act; (b) the Environment Protection Authority; (c) any other person or agency determined by the Minister, in the Minister's absolute discretion, to be relevant in the circumstances. (3) For the purposes of section 60(3) of the Act, the Minister must undertake consultation with a prescribed person or agency by— (a) providing them with a copy of the proposed environmental impact assessment criteria or the environmental impact assessment criteria the subject of the review (as the case may be); and (b) inviting them to make a written submission in relation to the proposed environmental impact assessment criteria or the environmental impact assessment criteria the subject of the review (as the case may be), which must be provided to the Minister in a manner and form, and within a period, specified to the prescribed person or agency. (4) In this regulation— prescribed Act means 1 or any of the following: (b) the Aquaculture Act 2001; (c) the Energy Resources Act 2000; (d) the Environment Protection Act 1993; (e) the Harbors and Navigation Act 1993; (f) the Landscape South Australia Act 2019; (g) the Mining Act 1971; (h) the Pastoral Land Management and Conservation Act 1989; (i) the Planning, Development and Infrastructure Act 2016; (j) any other Act determined by the Minister by notice in the Gazette for the purposes of this definition; prescribed person or agency—see subregulation (2). 32—Environmental impact report (1) For the purposes of section 61(2)(e) of the Act, an environmental impact report must be prepared in accordance with the requirements set out in this regulation. (2) An environmental impact report must contain the following information: (a) a description of the authorised operations to be undertaken and the location at which the operations are to be undertaken; (b) a description of the specific elements of the environment that can reasonably be expected to be affected by authorised operations, with particular reference to the environment and existing land uses; (c) data relating to biodiversity within the area of land to which the report relates that can reasonably be expected to be affected by authorised operations; (d) an assessment of the cultural and heritage values of Aboriginal and Torres Strait Islander persons and other persons within the area of land to which the report relates that can reasonably be expected to be affected by authorised operations, and the public health and safety risks inherent in undertaking those operations (insofar as these matters are relevant in the particular circumstances); (e) if relevant and required by the Minister—an assessment of the continuity of supply with respect to hydrogen; (f) information on consultation that has occurred in accordance with the approved consultation plan, including specific details about relevant issues that have been raised and any response to those issues (but not including confidential information). (3) The Minister may require that a person provide further information or materials (verified, if the Minister so requires, in a manner determined by the Minister) to assist in assessing potential events and impacts that may arise from particular authorised operations. (4) Information or material provided under this regulation must— (a) be balanced, objective and concise; and (b) state any limitations that apply, or should apply, to the use of the information and material; and (c) identify any matter in relation to which there is a significant lack of relevant 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) so far as is reasonably practicable, be presented in a way that allows a person assessing the information or material to understand how conclusions have been reached and allows the information or material to be used to make an informed decision on the level of environmental impact of particular operations without the need to obtain additional technical advice; and (f) be in a form determined by the Minister, be supported by such evidence as the Minister may determine and comply with any requirements of the Minister relating to the amount or detail of information that must be provided; and (g) be accompanied by a declaration signed or executed by a person who has taken reasonable steps to review the information and material to ensure its accuracy; and (h) be made publicly available in a manner determined by the Minister. 33—Consultation by licensee (1) For the purposes of sections 61(4) and 63(3) of the Act, a licensee must comply with the requirements of this regulation in undertaking consultation on a proposed environmental impact report or a proposed statement of environmental objectives. (1a) To avoid doubt, a licensee may undertake consultation concurrently on a proposed environmental impact report and a proposed statement of environmental objectives that relate to the same land. (2) The licensee must prepare a consultation plan to be approved by the Minister that— (a) states the day on which consultation is due to commence and conclude; and (b) includes a list of the following persons to be consulted as identified by the licensee: (i) the owners of the land to which the report relates; (ii) any Recognised Aboriginal Representative Body— (A) in respect of the area of land to which the report relates; or (B) in respect of a specific Aboriginal site, object or remains on the land to which the report relates; (iii) if the land to which the report relates is not the subject of a native title determination and there is no Recognised Aboriginal Representative Body identified under subparagraph (ii)—any traditional owners of Aboriginal sites or objects on the land to which the report relates; (iv) any affected agency or instrumentality of the Crown; (v) — (A) each council in respect of the land to which the report relates; or (B) if any part of the land to which the report relates falls outside of council areas—the Outback Communities Authority established under the Outback Communities (Administration and Management) Act 2009; and (c) describes the method of engagement to be used in consulting with the persons listed in the consultation plan including how the licensee intends to respond to relevant issues raised as a result of consultation; and (d) focuses the engagement on the environmental objectives and assessment criteria necessary to be achieved to demonstrate that any potential consequences of the proposed authorised operations will be adequately managed and controlled; and (e) identifies all relevant parts in the environmental impact report or statement of environmental objectives that are to be consulted on; and (f) complies with any other requirement specified by the Minister to the licensee. (3) A consultation plan must be submitted to the Minister for approval at least 10 days before consultation is due to commence or within such shorter period as may be allowed by the Minister in a particular case. (4) At the conclusion of consultation, the licensee must prepare a report on the results of consultation, setting out— (a) the persons consulted; and (b) any issues of concern raised by persons consulted; and (c) the steps (if any) taken or proposed to be taken by the licensee to address those concerns. (5) The licensee must provide the Minister with the report required under subregulation (4) at a time and in a manner and form determined by the Minister and notified to the licensee. 34—Statement of environmental objectives—prescribed information (1) For the purposes of section 62(2)(d) of the Act, a statement of environmental objectives must include the following information: (a) objectives that relate to dealing with the impacts on various elements of the environment associated with undertaking the relevant authorised operations; (b) criteria to be applied to determine whether or not the stated environmental objective has been achieved in a particular case. (2) The criteria required under subregulation (1)(b) must include the following: (a) a description of what is to be measured and the form of the measurements that are to be used; (b) the locations at which the relevant measurements are to be taken, or the manner in which such locations are to be determined; (c) the frequency of any measurement or monitoring; (d) any background or control data that is to be used, or the manner in which such data is to be acquired; (e) what is proposed to be taken to constitute the achievement of a relevant environmental objective (with consideration being given to any inherent errors of measurement); (f) if required by the Minister—provisions with respect to assessing the ongoing fitness for purpose of facilities, plant, equipment, machinery or other infrastructure and management systems; (g) if relevant— (i) the gathering of information and the conduct and timing of studies; and (ii) the conduct and timing of management system audits. (3) Any information or material provided for the purpose of a statement of environmental objectives must— (a) be balanced, objective and concise; and (b) state any limitations that apply, or should apply, to the use of the information or material; and (e) be in a form determined by the Minister, be supported by such evidence as the Minister may determine and comply with any requirements of the Minister relating to the amount or detail of information that must be provided. (4) Without limiting subregulation (3), any criteria referred to in subregulation (2) must, insofar as is reasonably practicable and appropriate, be expressed in quantitative terms (rather than qualitative terms). 35—Adoption of statement of environmental objectives (1) In accordance with section 62(4) of the Act, a statement of environmental objectives published by the Minister, by notice in the Gazette, specified in the left hand column of the table below is adopted and may apply in relation to authorised operations of a class prescribed in the right hand column of that table: