What is the process for an EIS?

Note: A number of changes to the EIS process were introduced in the Planning and Development (Environmental Impact Statements) Amendment Act 2010, which took effect on 1 February 2011.

These  changes are reflected in application forms 1C, 1D and 1E.

One of the major changes is the introduction of the environmental significance opinion (ESO), which can be applied for when the proposed development is unlikely to have a significant adverse environmental impact.

This guide describes the preparation of applications for an EIS scoping document and environmental significance opinions.

Application for an environmental impact statement

If an EIS is required the proponent must apply to ACTPLA for a scoping document. This document outlines what must be addressed in the EIS.

At this stage the proponent must provide information about the proposed works such as:

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

For a full list of information that needs to be provided see the request for scoping document application form 1M.

An application fee applies once the application has been accepted (after undergoing a completeness check). A fee advice is then issued.

ACTPLA then prepares a scoping document, consults with prescribed entities and writes to the proponent within 30 workings days of the fee being paid, to tell them what needs to be addressed in the EIS. ACTPLA must put the scoping document on its website.

The proponent then prepares a draft EIS and submits a draft to ACTPLA, which publicly notifies the document for a minimum of 20 workings days. ACTPLA considers the draft against the scoping document. ACTPLA then provides the proponent with any representations received and any comments ACTPLA has on the draft. The proponent then revises the draft EIS taking these representations and comments into account.

ACTPLA can request further information from the applicant before deciding if the EIS can be accepted. If the EIS is accepted, ACTPLA must prepare an assessment report for the Minister and provide it to the Minister with the EIS.

The Minister decides within 15 working days whether to call an inquiry, and if so, receives an inquiry report within 60 days of establishing the inquiry panel. If a decision to establish an inquiry is not made within the 15 working days, then the EIS is complete.  The Minister can also determine that the EIS is complete before the 15 working days expires.

The Minister may decide to present the EIS to the Legislative Assembly for information.

The Minister may also refer the EIS to the Commonwealth Minister if a decision on a controlled action is required under the Environment Protection and Biodiversity Conservation Act 1999.

Once the process is complete, ACTPLA must place a copy of the assessment report on the ACTPLA website. The report expires 18 months after it is notified.

Application for an environmental significance opinion (ESO)

A proponent may seek an ESO where it can be demonstrated the proposal is unlikely to have a significant adverse environmental impact on certain items in Schedule 4 of the Planning and Development Act 2007. The application is referred to a relevant agency. If the agency provides an ESO that agrees there is no significant environmental impact, then an application can be made in the merit track.

To apply, applicants need to complete and submit Form 1M and the relevant documentation as specified in the form to ACTPLA.  ACTPLA will refer the application to the relevant agency/agencies for processing. 

Agencies may recover from an applicant the direct and indirect costs incurred by the agency in deciding preparing and in engaging a consultant to assist with deciding the application or preparing the opinion.  Any fees payable must be paid before the ESO will be provided.

Current environmental significance opinions  

The Minister for Planning’s role

The Minister for Planning can:

• request an EIS in relation to a development
• initiate an EIS when there are potential significant public health impacts associated with a development proposal or environmental impacts associated with activities requiring environmental authorisation and those activities are not the subject of a development application
• decide whether to establish a panel to conduct an inquiry about the EIS
• decide to exempt a development from requiring an EIS under s. 211 of the Act.

Environmental authorisations

The Environment Protection Authority (EPA) can use EIS provisions for assessing an application for an environmental authorisation under the Environment Protection Act 1997. The EPA can only do this if the activity for which an environmental authorisation is sought is not the subject of a development application.

What happens when the EIS process is complete?

When an EIS process is completed a development application can be lodged. When the development application is notified representations on the application may relate to whether the development meets or does not meet any finding or recommendation of the EIS. They can’t relate to the adequacy of the EIS.