Part 2.3 General procedure for preparing draft policies

14   Application of Part

This Part applies to the preparation of a draft policy, except where Part 2.4 applies.

15   EPA to give notice of intention to prepare draft PEP

(1)  If the EPA intends or is directed to prepare a draft policy, the EPA must publish a notice:

(a)  stating that the EPA intends or has been directed to prepare a draft policy, and

(b)  specifying the subject of the draft policy.

(2)  The notice must:

(a)  be published in the Gazette, and

(b)  also be published, on at least 2 occasions, in a newspaper circulating in the State, and

(c)  if it is intended that the policy will specifically affect only a particular region of the State—also be published, on at least 2 occasions, in a newspaper circulating in the region.

16   EPA to prepare draft PEP and impact statement

(1)  The EPA:

(a)  may prepare a draft of the policy, and

(b)  if it does so, must prepare an impact statement relating to the draft policy.

(2)  The impact statement is to include all of the following:

(a)  the desired environmental outcomes,

(b)  the reasons for the policy and the environmental impact of not making the policy,

(c)  a statement of the alternative methods of achieving the desired environmental outcomes and the reasons why those alternatives have not been adopted,

(d)  an identification and assessment of the economic and social impact on the community (including industry) of making the policy,

(e)  a statement of the manner in which any regional environmental differences in New South Wales have been addressed in the development of the policy,

(f)  the intended date for the making of the policy,

(g)  the timetable (if any) for the implementation of the policy,

(h)  the transitional arrangements (if any) in relation to the policy.

17   Public consultation on draft PEP and impact statement

(1)  Before a policy is made, the EPA must publish a notice:

(a)  stating how copies of the draft policy and the impact statement may be obtained, and

(b)  inviting submissions to the EPA on the draft policy, or on the impact statement, within a specified period.

The notice must be published at least 30 days after the day on which section 15 (2) has been fully complied with.

(2)  The notice must:

(a)  be published in the Gazette, and

(b)  also be published, on at least 2 occasions, in a newspaper circulating in the State, and

(c)  if it is intended that the policy will specifically affect only a particular region of the State—also be published, on at least 2 occasions, in a newspaper circulating in the region.

(3)  The period specified in the notice must end not less than 3 months after the day on which subsection (2) has been fully complied with.

18   Other consultation during preparation of draft PEP

During the preparation of a draft policy, the EPA is to consult with such public authorities, organisations or persons as the Minister directs and may consult with such others as the EPA thinks appropriate.

19   EPA to consider impact statement and submissions

(1)  In proceeding with a draft policy, the EPA is to take into consideration the following, in addition to the matters referred to in Part 2.2:

(a)  the impact statement that relates to the policy,

(b)  any submissions it receives that relate to the policy or to the impact statement.

(2)  Accordingly, the EPA may make appropriate alterations to the draft policy.

20   Submission of draft PEP to Minister

(1)  Having completed all the steps required by this Part in relation to a draft policy, the EPA:

(a)  in the case of a draft policy that the Minister has, under Part 2.2, directed the EPA to prepare—must submit a copy of the draft policy to the Minister with a recommendation as to whether or not it be made, or

(b)  in the case of a draft policy that is not the subject of such a direction—may submit a copy of the draft policy to the Minister with a recommendation that it be made.

(2)  The copy of a draft policy submitted to the Minister under this section is to be accompanied by a report by the EPA about all relevant submissions made in accordance with this Part and any consultation undertaken by the EPA in connection with the draft policy.