Australian Capital Territory Numbered Acts

PLANNING AND DEVELOPMENT (BILATERAL AGREEMENT) AMENDMENT ACT 2014 (NO. 41 OF 2014) - SECT 44

substitute

211     Meaning of EIS exemption

In this Act:

"EIS exemption", for a development proposal, means an exemption from the requirement to include an EIS in the development application for the proposal.

211A     Meaning of recent study —pt 8.2

In this part:

"recent study" means a study that is not more than 5 years old.

211B     EIS exemption application

    (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 to the particular development proposal.

    (2)     The proponent for the development proposal may apply to the Minister for an EIS exemption for the proposal (an EIS exemption application ).

    (3)     The application must—

        (a)     be in writing; and

        (b)     identify the recent study; and

        (c)     if the recent study is more than 18 months old—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.

Note 1     If a form is approved under s 425 for this provision, the form must be used.

Note 2     A fee may be determined under s 424 for this provision.

211C     EIS exemption application—public consultation

    (1)     If the Minister receives an EIS exemption application, the Minister must prepare a notice about the application (a consultation notice ).

    (2)     A consultation notice must—

        (a)     state that—

              (i)     anyone may give a written submission to the Minister about the EIS exemption application; and

              (ii)     submissions may be given to the Minister only during the period starting on the day the consultation notice is notified under the Legislation Act

and ending 15 working days later (the  consultation period ); and

        (b)     include the EIS exemption application.

    (3)     A consultation notice is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act

.

    (4)     The Minister must put an electronic link to the EIS exemption application on the authority website during the consultation period.

Note 1     This section is subject to s 411 and s 412.

Note 2     Authority website —see the dictionary.

211D     EIS exemption application—public submissions

    (1)     If the Minister notifies a consultation notice for an EIS exemption application—

        (a)     anyone may give a written submission to the Minister about the EIS exemption application; and

Note     There are particular matters the Minister must consider (see s 211H (3)).

        (b)     the submission may be given to the Minister only during the consultation period for the EIS exemption application; and

        (c)     the person making the submission may, in writing, withdraw the submission at any time.

    (2)     The Minister may extend the consultation period.

Note     The Minister may extend the time even though the consultation period has ended (see Legislation Act

, s 151C).

211E     EIS exemption application—consultation with entities

    (1)     The Minister must consult the entities prescribed by regulation about the EIS exemption application.

    (2)     It is sufficient consultation under subsection (1) if the Minister, not later than the day the consultation notice is notified—

        (a)     tells the entity about the consultation notice for the EIS exemption application; and

        (b)     gives the entity a copy of any document the Minister considers relevant to the application.

    (3)     An entity is taken to have made no comment on the EIS exemption application if the entity fails to give the Minister a comment within the consultation period.

Note     The consultation period may be extended under s 211D (2).

211F     EIS exemption application—publication of submissions

If a person or other entity gives the Minister a submission about an EIS exemption application within the consultation period for the application, the Minister must—

        (a)     make a copy of the submission available on the authority website until—

              (i)     if the submission is withdrawn before the consultation period ends—the submission is withdrawn; or

              (ii)     the consultation period ends; and

        (b)     give a copy of the submission to the proponent of the development proposal.

Note 1     This section is subject to s 411 and s 412.

Note 2     Authority website —see the dictionary.

211G     EIS exemption application—revision

    (1)     This section applies if the consultation period for an EIS exemption application has ended.

Note     The consultation period may be extended under s 211D (2).

    (2)     The proponent of the development proposal must—

        (a)     consider any submissions received during the consultation period; and

        (b)     make any revisions to the EIS exemption application that the proponent considers appropriate; and

        (c)     give the revised application to the Minister.

    (3)     The revised application must—

        (a)     if a submission about the application is made within the consultation period—address each matter raised in the submission; and

        (b)     if no submissions about the application are made within the consultation period—include a statement to that effect.

211H     EIS exemption—decision

    (1)     This section applies if the proponent of a development proposal gives the Minister a revised EIS exemption application under section 211G (2) (c).

    (2)     The Minister may grant an EIS exemption for the proposal if satisfied that the expected environmental impact of the development proposal has already been sufficiently addressed by a recent study, whether or not the recent study relates to the particular development proposal.

Examples—recent study that may sufficiently address the expected environmental impact of a development proposal

              •     a report about the ecological value of an area

              •     an environmental impact statement under the Environment Protection and Biodiversity Conservation Act 1999

(Cwlth), pt 8 (Assessing impacts of controlled actions)

              •     an endorsed policy, plan or program under the Environment Protection and Biodiversity Conservation Act 1999

(Cwlth), pt 10 (Strategic assessments)

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

    (3)     In deciding whether the environmental impact of the development proposal has been sufficiently addressed by the recent study, the Minister 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 there is sufficient detail 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; and

Example

the public consultation process in a territory plan

variation under pt 5.3

        (d)     if the recent study is more than 18 months old—whether the Minister is satisfied that the information in the study is current; and

        (e)     any submissions received during the consultation period for the EIS exemption application.

    (4)     An EIS exemption may be conditional.

    (5)     An EIS exemption is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act

.

    (6)     The Minister must put an electronic link to the EIS exemption on the authority website.

Note     Authority website —see the dictionary.

211I     EIS exemption—expiry

An EIS exemption expires—

        (a)     if the recent study is an environmental impact statement prepared under the Environment Protection and Biodiversity Conservation Act 1999

(Cwlth), part 8 (Assessing impacts of controlled actions) and approval of action in relation to the development has been given under that Act, part 9 (Approval of actions)—when the approval expires, or 5 years after the day the exemption is notified, whichever happens later; or

        (b)     if the recent study is an endorsed policy, plan or program under the Environment Protection and Biodiversity Conservation Act 1999

(Cwlth), part 10 (Strategic assessments) and approval of action in relation to the development has been given under that Act, part 10—when the approval expires, or 5 years after the day the exemption is notified, whichever happens later; or

        (c)     in any other case—

              (i)     5 years after the day it is notified; or

              (ii)     if a later day is prescribed by regulation—the later day.

Note     Power to make a statutory instrument (including a regulation) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act

, s 48).

Division 8.2.2     Scoping of EIS