113Recent studies to support draft EIS

113 Recent studies to support draft EIS (1) This section applies if the expected environmental impact of a development proposal has been addressed by a recent study, whether or not the recent study relates directly to the development proposal. Examples—recent study that may address the expected environmental impact of a development proposal 1 a report about the ecological value of an area 2 an environmental impact statement under the EPBC Act, pt 8 (Assessing impacts of controlled actions) 3 an endorsed policy, plan or program under the EPBC Act, pt 10 (Strategic assessments)

(2) The draft EIS may refer to the recent study to address a matter identified in the scoping document for the proposal. (3) In deciding whether the environmental impact of the proposal has been sufficiently addressed by the recent study, the territory planning authority must consider— (a) whether the recent study was conducted by an appropriately qualified person with relevant expertise and experience in relation to the environmental values of the land in the proposal; and (b) if the recent study does not relate directly to the proposal— whether the study is sufficiently detailed to allow assessment of the environmental impacts likely to occur if the proposal proceeds; and (c) whether the part of the recent study relevant to the proposal required public consultation through a statutory process or as part of a government policy development. Example—par (c) the public consultation process for a draft major plan amendment under div 5.2.3 (4) If the recent study is more than 18 months old, the draft EIS must include a statement, from an appropriately qualified person with no current professional relationship with the proponent, verifying that the information in the recent study is current. recent study means a study that is less than 5 years old.

Consultation on EIS Division 6.3.5