Environment Protection and Biodiversity Conservation Act 1999

The Minister must give the designated proponent of the action written guidelines for the preparation of a draft environmental impact statement about the relevant impacts of the action. The guidelines so given are referred to as the EIS guidelines.

The EIS guidelines must be:

one or more sets of standard guidelines prepared under section 101B that the Minister decides are appropriate for the preparation of the draft statement in relation to the action; or

if the Minister decides that standard guidelines are not appropriate for the preparation of the draft statement in relation to the action—tailored guidelines prepared under section 102.

In deciding whether one or more sets of standard guidelines are appropriate for the preparation of the draft statement in relation to the action, the Minister must seek to ensure that the draft statement, if prepared in accordance with those guidelines, will:

contain enough information about the action and its relevant impacts to allow the Minister to make an informed decision whether or not to approve under Part 9 (for the purposes of each controlling provision) the taking of the action; and

address the matters (if any) prescribed by the regulations.

Similar considerations apply in relation to tailored guidelines: see subsection 102(2).

The Minister must give the EIS guidelines to the designated proponent:

within 20 business days after the assessment approach decision was made under section 87; or

if the Minister, under section 102, invites a person to comment on a draft of tailored guidelines for the preparation of the draft statement within a specified period—within 20 business days after:

the end of that period; or

if there is more than one such period, the end of the later or latest of those periods.