Environmental Planning and Assessment Regulation 2000
Historical version for 26 March 2010 to 30 March 2010 (accessed 4 August 2020 at 23:35) Current version
Part 6 Division 4
Division 4 Environmental impact statements
71   What is the form for an environmental impact statement?
(cf clause 54 of EP&A Regulation 1994)
For the purposes of section 78A (8) of the Act, the prescribed form for an environmental impact statement to accompany a development application 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 person by whom the development application was made,
(c)  the address of the land in respect of which the development application was made,
(d)  a description of the development to which the statement relates,
(e)  an assessment by the person by whom the statement is prepared of the environmental impact of the development to which the statement relates, dealing with the matters referred to in clause 72,
(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 72 and 73, and
(ii)  the statement contains all available information that is relevant to the environmental assessment of the development to which the statement relates, and
(iii)  that the information contained in the statement is neither false nor misleading.
72   What must an environmental impact statement contain?
(cf clause 54A of EP&A Regulation 1994)
(1)  The contents of an environmental impact statement must include:
(a)  for development 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 development:
(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)  For the purposes of this clause, the Director-General may establish guidelines for the preparation of environmental impact statements, in relation to development generally or in relation to any specific kind of development.
(3)  The Director-General may vary or revoke any guidelines in force under this clause.
(4)  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 development application made within 3 months after that date, as if the relevant event had not occurred.
73   Requirements of Director-General and approval bodies concerning preparation of environmental impact statements
(cf clause 55 of EP&A Regulation 1994)
(1)  The applicant responsible for preparing an environmental impact statement must consult with the Director-General and, in completing the statement, must have regard to the Director-General’s requirements:
(a)  as to the form and content of the statement, and
(b)  as to making the statement available for public comment.
(2)  For the purposes of the consultation, the applicant must give the Director-General written particulars of:
(a)  the location, nature and scale of the development, and
(b)  in the case of a development application for integrated development, the approvals that are required.
(3)  In the case of proposed integrated development the Director-General must request, in writing, each relevant approval body to provide the Director-General with that approval body’s requirements in relation to the environmental impact statement for the purpose of its decision concerning the general terms of the approval in relation to the development (including whether or not it will grant an approval).
(4)  If an approval body does not provide the Director-General, in writing, with its requirements within 14 days after receipt of the Director-General’s request under subclause (3):
(a)  the Director-General must inform the applicant, and
(b)  the applicant:
(i)  must consult with the approval body and obtain its requirements in relation to the environmental impact statement for the purpose of its decision concerning the general terms of the approval in relation to the development (including whether or not it will grant an approval), and
(ii)  in completing the statement, must have regard to the approval body’s requirements.
(5)  Within 28 days after the applicant’s consultation with the Director-General is completed, or within such further time as is agreed between the Director-General and the applicant, written notice of the Director-General’s requirements must be given:
(a)  to the applicant, and
(b)  to the relevant consent authority (unless the Minister or the Director-General is the consent authority), and
(c)  to the relevant approval body (in the case of proposed integrated development for which the approval body has provided the Director-General with its requirements following the Director-General’s request under subclause (3)).
(6)  If the development application to which the environmental impact statement relates is not made 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.
(7)  The Director-General may waive the requirement for consultation under this clause in relation to any particular development or any particular class or description of development, other than integrated development.
74   Consent authority may require additional copies of environmental impact statement
(cf clause 55A of EP&A Regulation 1994)
The consent authority may require an applicant for development consent for designated development to give it as many additional copies of the environmental impact statement as are reasonably required for the purposes of the Act.
75   Consent authority may sell copies of environmental impact statement to the public
(cf clause 56 of EP&A Regulation 1994)
(1)  Copies of an environmental impact statement may be sold by a consent authority to any member of the public for not more than $25 per copy.
(2)  A consent authority:
(a)  must pay the proceeds of sale to the applicant responsible for the preparation of the statement, and
(b)  must return to the applicant any unsold copies of the statement.
76   Documents adopted or referred to by environmental impact statement
(cf clause 56A of EP&A Regulation 1994)
(1)  Any document adopted or referred to by an environmental impact statement is taken to form part of the statement.
(2)  Nothing in this Part requires the applicant responsible for the preparation of an environmental impact statement to supply any person with a document that is publicly available.