Environment Protection Act 2019

(1) The NT EPA must consider and deal with any referral of an action or strategic proposal under this Division in accordance with the regulations.

(2) The NT EPA must determine whether the referred action or strategic proposal has the potential to have a significant impact on the environment.

(3) In determining whether a referred action or strategic proposal has the potential to have a significant impact on the environment, the NT EPA must consider any applicable environmental objectives.

(4) In determining whether a referred action or strategic proposal has the potential to have a significant impact on the environment, the NT EPA may consider other statutory decision-making processes that may mitigate the potential environmental impact of the referred action or strategic proposal.

(5) Without limiting subsection (1), if the NT EPA determines that the referred action or strategic proposal has the potential to have a significant impact on the environment, the NT EPA must:

(a) determine that an environmental impact assessment is required for the referred action or strategic proposal; or

(b) if the NT EPA considers that the referred action or strategic proposal is unacceptable because it is likely to have significant impacts that cannot be appropriately avoided, mitigated or managed – recommend to the Minister that the Minister refuse to grant an environmental approval for the referred action or strategic proposal.

(i) an environmental impact assessment of a referred action or strategic proposal is required; or

(ii) an environmental approval for a referred action or strategic proposal should be refused, with or without an environmental impact assessment.