Regulations for environmental impact assessment by prescribed determining authorities
5.6 Regulations for environmental impact assessment by prescribed determining authorities
In this section, prescribed determining authority means a person prescribed for the purposes of the definition of public authority in section 1.4(1) so as to allow the person to be a determining authority within the meaning of this Division.
The regulations may make provision for or with respect to the exercise by a prescribed determining authority of its functions under section 5.5 (environmental impact assessment functions), including (without limitation) provision for or with respect to the following—
the manner in which environmental impact assessment functions must be exercised including the matters that must be considered in the exercise of those functions,
requirements for public and other consultation in connection with environmental impact assessment functions, including requirements for consultation with the Planning Secretary and the consideration of advice given by the Planning Secretary,
requirements for the documentation of the exercise of environmental impact assessment functions (assessment documentation),
requirements for making assessment documentation available to the Minister and the Planning Secretary and for the public release of assessment documentation,
requirements for auditing the exercise of environmental impact assessment functions and compliance with requirements imposed by or under the regulations.
The regulations may provide for the approval by the Minister of a code (an approved code) that makes provision for or with respect to the matters for which the regulations under this section may make provision.
An approved code may make provision for or with respect to a matter by applying, adopting or incorporating, with or without modification, the provisions of a specified document as in force for the time being or a document formulated, issued or published by a specified person or body.
This provision refers to the regulations (The regulations may make
, the regulations
, The regulations may provide
). Made under this Act:
- Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021
- Environmental Planning and Assessment (Housing Delivery Authority) Order 2024 · Regulation
- Environmental Planning and Assessment (Regions) Order 2020 · Regulation
9 more instruments made under this Act are listed on the Act’s overview.
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