Part 10Scoping

Part 10—Scoping 42—Object of Part The object of this Part is to establish a scheme that, in relation to mining leases, retention leases and miscellaneous purposes licences— (a) provides the holders of a relevant tenement 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 their authorised operations or proposed authorised operations, 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 mining and ancillary operations; and (d) ensures that projects are assessed within a scheme that promotes efficiencies, transparency and clarity as to approval pathways and technical assessments. 43—Interpretation In this Part— (a) the holder of a mineral tenement that may lead to a relevant tenement; or (b) an applicant for a relevant tenement; or (c) an applicant for an approval to make a change in operations; relevant tenement means a mining lease, a retention lease or a miscellaneous purposes licence. 44—Application of Part This Part may apply in relation to a particular project even if an application is yet to be made for a mining lease, retention lease or miscellaneous purposes licence. 45—Scoping report (1) The purpose of a report under this Part (a scoping report) is to gather, develop, assess and provide, 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 a relevant tenement or change in operations; (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 relevant tenement or change in operations; (c) identifying and prioritising the issues that are associated with environmental impact assessment as part of the consideration of an application for a relevant tenement or change in operations; (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 relevant tenement or change in operations; (e) if it is relevant in the circumstances or is reasonable or appropriate to do so—determining the impacts of a relevant tenement or change in operations 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 designated person may provide a scoping report to the Minister at any time that is reasonable and appropriate. (3) The Minister may require a designated person to provide a scoping report if such a report has not been provided by the designated 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 subregulation (3), must be provided within a period, or at a time or stage, determined by the Minister. (5) The Minister may require the designated person to furnish the Minister with any additional information specified by the Minister (and that information must be furnished within any period specified by the Minister). (6) Any information provided under this regulation must— (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.