5ASubmission of an offshore project proposal

#### 5A Submission of an offshore project proposal (1) Before commencing an offshore project, a person must submit an offshore project proposal for the project to the Regulator. (2) However, subregulation (1) does not apply if the Environment Minister: (a) has made a decision under section 75 of the EPBC Act that an action that is equivalent to or includes the project is not a controlled action; or (b) has made a component decision under section 77A of the EPBC Act that a particular provision of Part 3 of that Act is not a controlling provision for an action that is equivalent to or includes the project, because the Minister believes the action will be taken in a particular manner; or (c) has approved, under Part 9 of the EPBC Act, the taking of an action that is equivalent to or includes the project. (3) For paragraph (2)(c), despite section 146D of the EPBC Act an approval by the Environment Minister under section 146B of that Act is not taken to be an approval under Part 9 of that Act of the taking of an action. > Note 1: An environment plan for an activity that is, or is part of, an offshore project may be submitted only if there is an accepted offshore project proposal or a decision from the Environment Minister—see subregulation 9(3). > Note 2: A fee is payable for considering the proposal—see regulation 32. (4) The proposal must be in writing. (5) The proposal must: (a) include the proponent’s name and contact details; and (b) include a summary of the project, including the following: (i) a description of each activity that is part of the project; (ii) the location or locations of each activity; (iii) a proposed timetable for carrying out the project; (iv) a description of the facilities that are proposed to be used to undertake each activity; (v) a description of the actions proposed to be taken, following completion of the project, in relation to those facilities; and (c) describe the existing environment that may be affected by the project; and (d) include details of the particular relevant values and sensitivities (if any) of that environment; and (e) set out the environmental performance outcomes for the project; and (f) describe any feasible alternative to the project, or an activity that is part of the project, including: (i) a comparison of the environmental impacts and risks arising from the project or activity and the alternative; and (ii) an explanation, in adequate detail, of why the alternative was not preferred. > Note: A proposal will not be suitable for publication and will not be capable of being accepted by the Regulator if an activity or part of an activity will be undertaken in any part of a declared World Heritage property—see regulations 5C and 5D. (6) Without limiting paragraph (5)(d), particular relevant values and sensitivities may include any of the following: (a) the world heritage values of a declared World Heritage property within the meaning of the EPBC Act; (b) the national heritage values of a National Heritage place within the meaning of that Act; (c) the ecological character of a declared Ramsar wetland within the meaning of that Act; (d) the presence of a listed threatened species or listed threatened ecological community within the meaning of that Act; (e) the presence of a listed migratory species within the meaning of that Act; (f) any values and sensitivities that exist in, or in relation to, part or all of: (i) a Commonwealth marine area within the meaning of that Act; or (ii) Commonwealth land within the meaning of that Act. (7) The proposal must: (a) describe the requirements, including legislative requirements, that apply to the project and are relevant to the environmental management of the project; and (b) describe how those requirements will be met. (8) The proposal must include: (a) details of the environmental impacts and risks for the project; and (b) an evaluation of all the impacts and risks, appropriate to the nature and scale of each impact or risk.