Environmental Protection Act 1994

This part applies for a project, other than a coordinated project, if—

an EIS requirement is in force in relation to an application for an environmental authority for a mining activity that is, or is part of, the project; or

an EIS requirement is in force in relation to an application for an environmental authority for a resource activity, other than a mining activity; or

an EIS has been required for the project under an Act as follows for which it has, under the Act, been decided or required that this part applies to the preparation of the EIS—

the Commonwealth Environment Act;

the State Development Act;Note—See the State Development Act, part 4, division 2 and division 3, subdivision 1.

another State Act or another Commonwealth Act; or

the voluntary preparation of an EIS for the project has been approved under part 2; or

the chief executive has, under part 3—

decided that an EIS would be required under this Act for an application for an environmental authority for the project; or

approved the voluntary preparation of an EIS for the project; or

the project is of a type prescribed under a regulation for which approval by a Commonwealth or State authority is required.

However, an EIS under this Act can not be used for making a decision under the Planning Act, other than a decision in relation to a project mentioned in subsection (1)(a) or (b).

In this section—authority, for the Commonwealth, includes the Minister of the Commonwealth for the time being administering the Commonwealth Environment Act.EIS includes a statement, however called, that is similar to an EIS.project includes—

a development or proposed development; and

an action or proposed action; and

a plan or policy.