Environment Protection and Biodiversity Conservation Act 1999

The Minister must prepare tailored guidelines, in writing, for the preparation of a draft public environment report about the relevant impacts of an action if the Minister decides that standard guidelines are not appropriate for the preparation of the draft report in relation to that action.

Tailored guidelines must set out requirements for the content and presentation of the draft report in relation to the action.

In preparing tailored guidelines, the Minister must seek to ensure that the draft report 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.

Tailored guidelines may also provide for the draft report to include information about other certain and likely impacts of the action if:

the action is to be taken in a State or self‑governing Territory; and

the appropriate Minister of the State or Territory has asked the Minister administering this section to ensure that the draft report includes information about those other impacts to help the State or Territory, or an agency of the State or Territory, make decisions about the action; and

the action:

is to be taken by any person for the purposes of trade or commerce between Australia and another country, between 2 States, between a State and a Territory or between 2 Territories or by a constitutional corporation; or

is an action whose regulation is appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.

Paragraph (3)(a) also applies to actions to be taken in an area offshore from a State or the Northern Territory. See section 157.

Tailored guidelines may also provide for the draft report to include information about other certain and likely impacts of the action if:

the referral of the proposal to take the action is, because of section 37AB of the Great Barrier Reef Marine Park Act 1975, taken to be an application for a permission for the purposes of that Act; and

the Great Barrier Reef Marine Park Authority has asked the Minister to ensure that the draft report includes information about those other impacts for the purposes of deciding whether to grant the permission.

Division 2 does not limit:

subsection (3) or (3A); or

section 98 so far as it relates to tailored guidelines prepared in reliance on that subsection.

In preparing tailored guidelines, the Minister may:

invite anyone to comment on a draft of tailored guidelines within a period specified by the Minister; and

take account of the comments received (if any).

Tailored guidelines made under this section are not a legislative instrument.