An Environmental Impact Statement is required if the answer is yes to any of the following:

• is the development listed in Schedule 4 of the Planning and Development Act 2007?
• is the development listed in the relevant Territory Plan development table for the zone as impact assessable?
• is the development not mentioned in a development table of the Territory Plan?
• has a Minister required an EIS?
• is the development one to which applications for development approval in relation to use for otherwise prohibited development applies?

Relevance to impact track representation

Once an EIS is completed, a development application can be lodged in the impact track. When the development is publicly notified, representations about the application may relate to how the development meets, or does not meet, any finding or recommendation of the EIS for the development. It may not relate to the adequacy of the EIS for the development.

Minister's role

The Minister for Planning can:

• request an EIS in relation to a development;
• initiate an EIS where there are potential significant public health impacts associated with a development proposal or environmental impacts associated with activities requiring an environmental authorisation and those activities are not the subject of a development application; and
• decide whether to establish a panel to conduct an inquiry about the EIS. 

EIS scoping process

A proponent needs to request a scoping document from us by writing to us and providing details of:

• the legal land description;
• their name and contact details
• nature of proposed development, and
• any plants that will help to understand the magnitude of the proposal, and
• (optional) any background studies that have been completed

An application fee is payable at the time of submitting the request.

We then prepare that draft scoping document and consult with prescribed entities. We provide the proponent with written notice of matters to be addressed by the EIS. The proponent then prepares a draft EIS.

EIS submission process

The proponent submits the EIS to us. We publicly notify the draft EIS. The proponent revises the draft EIS. We then consider the EIS against the scoping document and advise of any outstanding matters. We refer an accepted EIS to the Minister. The Minister decides whether to call an inquiry, and if so, receives an inquiry report within 60 days. The Minister may present the EIS to the Legislative Assembly and refers the EIS and assessment to the Commonwealth Minister if a decision is required under the Environment Protection and Biodiversity Act (Commonwealth) 1991.

Environmental authorisations

The Environment Protection Authority may use the EIS provisions for assessing an application for an environmental authorisation under the Environment Protection Act 1997. The Environment Protection Authority may only do so where the activity for which an environmental authorisation is sought is not the subject of a development application.