Environmental impact statement inquiry

Using the public register to access information and exemptions

An inquiry panel for an Environmental Impact Statement (EIS) will be established when the Minister decides that an EIS needs to be considered in detail.

Form

The inquiry panel members will have expertise that is relevant to the EIS being inquired into. The members must not include the ACT Planning and Land Authority’s Chief Planning Executive, a member of the Authority’s staff, a member of the Land Development Agency’s staff or a person prescribed by regulation.

Minister’s role

The Minister must decide whether to establish a panel to consider any or all aspects of an EIS no later than 15 working days after the EIS is given to them.

If a panel is to be established, the Minister must prepare terms of reference for the inquiry and give the proponent notice of the inquiry. The terms of reference and any variations of the terms of reference must be notified.

The Minister must appoint one or more people to the panel and nominate, where appropriate, a person to be the presiding member of the panel.

Panel’s role

The inquiry panel is independent and must not be directed by the Minister in its findings or recommendations.

Inquiry panel members are not personally liable for anything done, or omitted to be done, honestly and without recklessness in the performance of their duty as an inquiry panel member.

The inquiry panel must report in writing on the result of the inquiry no later than 60 working days after the panel is established, however the period for reporting may be extended by the Minister on application by the panel.

Environmental authorisation

The Environment Protection Authority may use the EIS inquiry provisions to inquire into an EIS prepared for the purposes of assessment of an application for an environmental authorisation under the Environment Protection Act 1997. The EPA performs the same functions as the Authority would perform if it was a development application in the impact track.

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