21Effect of determination

21 Effect of determination

(1) If the Planning Minister makes an impact management plan determination, Division 4 applies to the project proposal that relates to the declared project to which the determination applies.

(2) If the Planning Minister makes a comprehensive impact statement determination, Division 5 applies to the project proposal that relates to the declared project to which the determination applies.

Division 4—Impact management plans

Subdivision 1—Scoping directions

22 Specification of matters to be considered and addressed in impact management plan

(1) Subject to section 23, the Planning Minister must prepare directions that specify the kinds of impacts and other matters that must be considered and addressed in an impact management plan for the declared project to which an impact management plan determination relates (the scoping directions).

S. 22(1A) inserted by No. 49/2013 s. 14(1).

(1A) In addition to subsection (1), the scoping directions may include directions to the project proponent to do any one or more of the following—

(a) include a description of the preferred option for the development of the declared project and the reasons for that preference;

(b) set out variations within the preferred option in relation to the declared project, and the impacts of those variations;

(c) set out a consideration of methods to avoid, minimise, manage or offset the impacts of the declared project.

S. 22(1B) inserted by No. 49/2013 s. 14(1).

(1B) When preparing the scoping directions, the Planning Minister must have regard to the preliminary risk report that forms part of the project proposal given under section 19(4).

S. 22(1C) inserted by No. 49/2013 s. 14(1).

(1C) The scoping directions may provide, in the case of any or all specified associated works that require an applicable approval, that the application for the applicable approval must be made, assessed and approved under the relevant applicable law and not under this Act.

See section 168A.

(2) Subject to section 24, the Planning Minister must prepare, and give to the project proponent, the scoping directions within 25 business days after making an impact management plan determination.

S. 22(3) amended by No. 49/2013 s. 14(2).

(3) The scoping directions must be published on the Department's Internet site as soon as practicable after the directions are prepared.