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National Environment Protection Council Act 1994
Sch 3Environmental impact
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Schedule 3 Environmental impact
assessment
1 The parties agree that it is desirable to establish certainty about the
application, procedures and function of the environmental impact
assessment process, to improve the consistency of the approach applied
by all levels of Government, to avoid duplication of process where more
than one Government or level of Government is involved and interested
in the subject matter of an assessment and to avoid delays in the process.
2 The parties agree that impact assessment in relation to a project,
program or policy should include, where appropriate, assessment of
environmental, cultural, economic, social and health factors.
3 The parties agree that all levels of Government will ensure that their
environmental impact assessment processes are based on the following:
(i) the environmental impact assessment process will be
applied to proposals from both the public and private
sectors;
(ii) assessing authorities will provide information to give clear
guidance on the types of proposals likely to attract
environmental impact assessment and on the level of
assessment required;
(iii) assessing authorities will provide all participants in the
process with guidance on the criteria for environmental
acceptability of potential impacts including the concept of
ecologically sustainable development, maintenance of
human health, relevant local and national standards and
guidelines, protocols, codes of practice and regulations;
(iv) assessing authorities will provide proposal specific
guidelines or a procedure for their generation focussed on
key issues and incorporating public concern together with
a clear outline of the process;
(v) following the establishment of specific assessment
guidelines, any amendments to those guidelines will be
based only on significant issues that have arisen following
the adoption of those guidelines;
(vi) time schedules for all stages of the assessment process will
be set early on a proposal specific basis, in consultations
between the assessing authorities and the proponent;
(vii) levels of assessment will be appropriate to the degree of
environmental significance and potential public interest;
(viii) proponents will take responsibility for preparing the case
required for assessment of a proposal and for elaborating
environmental issues which much be taken into account in
decisions, and for protection of the environment;
(ix) there will be full public disclosure of all information
related to a proposal and its environmental impacts, except
where there are legitimate reasons for confidentiality
including national security interests;
(x) opportunities will be provided for appropriate and adequate
public consultation on environmental aspects of proposals
before the assessment process is complete;
(xi) mechanisms will be developed to seek to resolve conflicts
and disputes over issues which arise for consideration
during the course of the assessment process;
(xii) the environmental impact assessment process will provide
a basis for setting environmental conditions, and
establishing environmental monitoring and management
programs (including arrangements for review) and
developing industry guidelines for application in specific
cases.
4 A general framework agreement between the Commonwealth and the
States on the administration of the environmental impact assessment
process will be negotiated to avoid duplication and to ensure that
proposals affecting more than one of them are assessed in accordance
with agreed arrangements.
5 The Commonwealth and the States may approve or accredit their
respective environmental impact assessment processes either generally
or for specific purposes. Where such approval or accreditation has been
given, the Commonwealth and the States agree that they will give full
faith and credit to the results of such processes when exercising their
responsibilities.