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Contents (1979 - 203)
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Environmental Planning and Assessment Act 1979 No 203
Current version for 1 July 2019 to date (accessed 19 September 2019 at 01:26)
Part 5 Division 5.1 Subdivision 3
Subdivision 3 Activities for which EIS required
5.7   Decision of determining authority in relation to certain activities
(cf previous s 112)
(1)  A determining authority shall not carry out an activity, or grant an approval in relation to an activity, being an activity that is a prescribed activity, an activity of a prescribed kind or an activity that is likely to significantly affect the environment, unless:
(a)  the determining authority has obtained or been furnished with and has examined and considered an environmental impact statement in respect of the activity:
(i)  prepared in the prescribed form and manner by or on behalf of the proponent, and
(ii)  except where the proponent is the determining authority, submitted to the determining authority in the prescribed manner,
(b)  notice referred to in section 5.8 (1) has been duly given by the determining authority (or, where a nominated determining authority has been nominated in relation to the activity, by the nominated determining authority), the period specified in the notice has expired and the determining authority has examined and considered any representations made to it or any other determining authority in accordance with section 5.8 (2),
(c)  the determining authority has complied with section 5.8 (3),
(c1)    (Repealed)
(d)  where it receives notice from the Planning Secretary that the Minister has requested that a review be held by the Independent Planning Commission with respect to the activity, the review has been held and the determining authority has considered the findings and recommendations of the Independent Planning Commission and any advice given to it by the Minister in accordance with section 5.9, and
(e)  where it receives notice from the Planning Secretary that the Planning Secretary has decided that an examination be undertaken in accordance with section 5.8 (5), that examination has been carried out and the determining authority has considered the report furnished to it in accordance with that subsection.
(1A)  A determining authority shall not grant an approval in relation to an activity referred to in subsection (1) that is to be carried out in respect of land that is, or is part of, a wilderness area (within the meaning of the Wilderness Act 1987) unless any consent to the activity required under that Act has been obtained.
(1B)–(1D)    (Repealed)
(2)  The determining authority or nominated determining authority, as the case requires, shall, as soon as practicable after an environmental impact statement is obtained by or furnished to it, as referred to in subsection (1), but before giving notice under section 5.8 (1), furnish to the Planning Secretary a copy of the statement.
(3)  A determining authority or nominated determining authority, as the case requires, shall furnish such number of additional copies of an environmental impact statement to the Planning Secretary as the Planning Secretary may request.
(4)  Before carrying out an activity referred to in subsection (1) or in determining whether to grant an approval in relation to such an activity, a determining authority which is satisfied that the activity will detrimentally affect the environment:
(a)  may, except where it is the proponent of the activity:
(i)  impose such conditions or require such modifications as will in its opinion eliminate or reduce the detrimental effect of the activity on the environment (including critical habitat) or threatened species, populations or ecological communities, or their habitats, or
(ii)  disapprove of the activity, or
(b)  may, where it is the proponent of the activity:
(i)  modify the proposed activity so as to eliminate or reduce the detrimental effect of the activity on the environment (including critical habitat) or threatened species, populations or ecological communities, or their habitats, or
(ii)  refrain from undertaking the activity.
(5)  Where a determining authority, not being the proponent of an activity, imposes conditions as referred to in subsection (4) (a) (i) or disapproves of an activity as referred to in subsection (4) (a) (ii), the determining authority shall, by notice in writing to the proponent, indicate the reasons for the imposition of the conditions or for disapproving of the activity.
(6)  The provisions of subsection (4) have effect notwithstanding any other provisions of this Act (other than Part 3A or Division 5.2) or the provisions of any other Act or of any instrument made under this or any other Act.
(6A)    (Repealed)
(7)  Where a nominated determining authority has been nominated in relation to an activity, no other determining authority which may grant an approval in relation to the activity shall be concerned to inquire whether or not the nominated determining authority has complied with this section or section 5.8.
5.8   Publicity and examination of environmental impact statements
(cf previous s 113)
(1)  A determining authority shall give notice in the prescribed form and manner that a copy of an environmental impact statement prepared by or submitted to it, as referred to in section 5.7 (1), may be inspected at:
(a)  the office of the determining authority and the Department at any time during ordinary office hours, and
(b)  such other premises operated or controlled by them respectively and at such times as may be prescribed,
within such period, being not less than 30 days after the day on which the notice is given, as may be specified in the notice.
(2)  Any person may, during the period specified in the notice, inspect the environmental impact statement (except any part thereof the publication of which would, in the opinion of the determining authority, be contrary to the public interest by reason of its confidential nature or for any other reason) and may within that period make submissions in writing to the determining authority with respect to the activity to which the environmental impact statement relates.
(3)  A determining authority shall, as soon as practicable and not less than 21 days before carrying out an activity or granting an approval in relation to an activity, being an activity referred to in section 5.7 (1), furnish to the Planning Secretary a copy of any submissions made to it under subsection (2) with respect to the activity.
(3A)  The determining authority must, at that time, also forward copies of those submissions to the Environment Protection Authority if the activity is a scheduled activity under the Protection of the Environment Operations Act 1997.
(4)    (Repealed)
(5)  Except where the Minister has requested that a review be held by the Independent Planning Commission, the Planning Secretary may examine or cause to be examined in the Department an environmental impact statement furnished in accordance with section 5.7 (2) and any submissions made with respect to the activity to which the statement relates under subsection (2) and shall forward, as soon as practicable to the relevant determining authority, a report containing the findings of that examination together with any recommendations arising therefrom.
(6)  After the report referred to in subsection (5) has been forwarded to the determining authority, the Planning Secretary shall make public that report.
(7)  Any public authority or body to which an appeal may be made by or under any Act in relation to the activity the subject of an examination carried out under subsection (5) shall, in deciding the appeal, consider and take into account the report forwarded to the determining authority under that subsection.
(8)  In this section, environmental impact statement includes a fauna impact statement and a species impact statement.
5.9   Consideration of findings and recommendations of Independent Planning Commission
(cf previous s 114)
Where the Minister has requested that a review be held by the Independent Planning Commission, with respect to any activity referred to in section 5.7 (1):
(a)  the Minister shall consider the findings and recommendations of the Independent Planning Commission and forward to the relevant determining authority (whether or not that determining authority is the nominated determining authority) a copy of the findings and recommendations and may give advice to the authority as to whether, in the Minister’s opinion:
(i)  there are no environmental grounds which would preclude the carrying out of the activity to which the findings and recommendations relate in accordance with the proponent’s proposal,
(ii)  there are no environmental grounds which would preclude the carrying out of the activity subject to its being modified in the manner specified in the advice,
(iii)  there are no environmental grounds which would preclude the carrying out of the activity subject to the observance of conditions specified in the advice, or
(iv)  there are environmental grounds which would preclude the carrying out of the activity, and
(b)  any public authority or body to which an appeal may be made by or under any Act in relation to the activity shall, in deciding the appeal, consider and take into account the findings and recommendations of the Independent Planning Commission and any such advice given by the Minister.
5.10   Regulations
(cf previous s 115)
The regulations may make provision for or with respect to:
(a)  the factors to be taken into account when consideration is being given to the likely impact of an activity on the environment,
(b)  the preparation, contents, form and submission of environmental impact statements,
(c)  the making of environmental impact statements available for public comment, or
(d)  the methods of examination of environmental impact statements and submissions made with respect to activities to which any such statements relate.