105When EIS is required

105 When EIS is required (1) An EIS is required for a development proposal if— (a) the proposal is prescribed by regulation; or (b) the Minister makes a declaration in relation to the proposal under section 106; or

EIS requirements Division 6.3.2 (c) the Commonwealth Minister responsible for administering the EPBC Act advises the Minister in writing that the proposed development— (i) is a controlled action under that Act, section 78 (Minister may request more information for making decisions); and (ii) does not require assessment under that Act, part 8 (Assessing impacts of controlled actions) because a bilateral agreement between the Commonwealth and the Territory under that Act allows the proposal to be assessed under this Act; or (d) the Public Health Act Minister makes a declaration under the Public Health Act 1997, section 134 in relation to a development application for the proposal and— (i) the application is publicly notified; and (ii) the declaration is made during the public notification period for the application. (2) However, an EIS is not required for a development proposal if an environmental significance opinion has been given for the proposal. Note See s 138 for when a proponent may apply for an environmental significance opinion.