Environmental Planning and Assessment Regulation 2000
Historical version for 27 March 2009 to 30 April 2009 (accessed 7 August 2020 at 20:12) Current version
Part 14 Division 2
Division 2 Environmental impact statements
229   What is the form for an environmental impact statement?
(cf clause 83 of EP&A Regulation 1994)
For the purposes of section 112 of the Act, the prescribed form for an environmental impact statement under that section is a form that contains the following information:
(a)  the name, address and professional qualifications of the person by whom the statement is prepared,
(b)  the name and address of the proponent of the activity to which the statement relates,
(c)  the address of the land on which the activity to which the statement relates is to be carried out,
(d)  a description of the activity to which the statement relates,
(e)  an assessment by the person by whom the statement is prepared of the environmental impact of the activity to which the statement relates, dealing with the matters referred to in clause 230,
(f)  a declaration by the person by whom the statement is prepared to the effect that:
(i)  the statement has been prepared in accordance with clauses 230 and 231, and
(ii)  the statement contains all available information that is relevant to the environmental assessment of the activity to which the statement relates, and
(iii)  that the information contained in the statement is neither false nor misleading.
230   What must an environmental impact statement contain?
(cf clause 84 of EP&A Regulation 1994)
(1)  The contents of an environmental impact statement must include:
(a)  for activities of a kind for which specific guidelines are in force under this clause, the matters referred to in those guidelines, or
(b)  for any other kind of activity:
(i)  the matters referred to in the general guidelines in force under this clause, or
(ii)  if no such guidelines are in force, the matters referred to in Schedule 2.
(2)  The Director-General:
(a)  may establish guidelines for the preparation of environmental impact statements, in relation to activities generally or in relation to any specific kind of activity, and
(b)  may vary or revoke any guidelines so established.
(3)  An environmental impact statement prepared in accordance with this clause before the date on which any of the following events occur:
(a)  the amendment of Schedule 2,
(b)  the establishment of new guidelines under this clause,
(c)  the variation or revocation of existing guidelines under this clause,
is taken to have been prepared in accordance with this clause, for the purposes of any relevant notice under section 113 (1) of the Act given within 3 months after that date, as if the relevant event had not occurred.
231   Director-General may make requirements concerning preparation of environmental impact statements
(cf clause 85 of EP&A Regulation 1994)
(1)  For the purposes of section 112 of the Act, the prescribed manner in which an environmental impact statement under that section is to be prepared is as follows:
(a)  the proponent responsible for preparing the statement must consult with the Director-General, and have regard to the Director-General’s requirements concerning:
(i)  the form and content of the statement, and
(ii)  the availability of the statement for public comment,
(b)  for the purposes of the consultation, the proponent must give the Director-General written particulars of the location, nature and scale of the activity,
(c)  written notice of the Director-General’s requirements must be given to the proponent within 28 days after the consultations are completed or within such further time as is agreed between the Director-General and the proponent,
(d)  written notice of the Director-General’s requirements must also be given to the relevant determining authority at the same time as it is given to the proponent,
(e)  if the environmental impact statement is not exhibited within 2 years after the notice is given, the applicant must consult further with the Director-General in relation to the preparation of the statement.
(2)  For the purposes of subclause (1), any requirements outstanding under clause 85 of the Environmental Planning and Assessment Regulation 1994 immediately before 1 January 2001 are taken to have been notified on 1 January 2001.
(3)  The Director-General may waive the requirement for consultation under this clause in relation to any particular activity or any particular kind of activity.
232   Determining authority may require additional copies of environmental impact statement
(cf clause 86 of EP&A Regulation 1994)
The determining authority may require the proponent of an activity to give it as many additional copies of the environmental impact statement as are reasonably required for the purposes of the Act.