Environmental Protection Regulation 2019

This regulation may be cited as the Environmental Protection Regulation 2019.

This regulation commences on 1 September 2019.

The dictionary in schedule 19 defines particular words used in this regulation.

This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.

For the purpose of the Acts Interpretation Act 1954, section 48C(3), the amount is to be rounded—

if the result is not more than $2.50—to the nearest cent (rounding one-half upwards); or

if the result is more than $2.50 but not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or

if the result is more than $100 but not more than $500—to the nearest multiple of 10 cents (rounding one-half upwards); or

if the result is more than $500—to the nearest dollar (rounding one-half upwards).

A project is prescribed for section 37(1)(f) of the Act if—

the Commonwealth Minister has, under the Commonwealth Environment Act, chapter 4, part 8, division 3—

decided an accredited assessment process must be used for assessment of the relevant impacts of the project; and

given notice of the decision; or

the relevant impacts of the project are to be assessed under a bilateral agreement.

This part and schedule 1 apply to a project mentioned in section 4.

For a project mentioned in section 4(a), a step or action taken under the EIS process, before a notice mentioned in section 4(a) is given, is taken to be a step or action that complies with this part.

The draft terms of reference for an EIS must include the matters necessary for ensuring—

the project’s relevant impacts are assessed under the EIS; and

the assessment of the project under the EIS—

gives enough information about the project and its relevant impacts to allow the Commonwealth Minister to make an informed decision whether to approve the project under the Commonwealth Environment Act; and

addresses the matters mentioned in schedule 1.

For section 52(1)(g) of the Act, the following matters are prescribed—

the project’s title and location;

the name of the proponent for the project;

if the proponent and designated proponent for the project are not the same entity—the name of the designated proponent;

any matter protected for the project.

In this section—

matter protected means a matter protected that is mentioned in the Commonwealth Environment Act, section 34 and protected by a controlling provision for the project.

For sections 51(2)(b)(ii) and 558(3) of the Act, a TOR notice and an EIS notice must be published—

in a newspaper circulating throughout Australia; or

in each State or Territory in a newspaper circulating generally in the State or Territory.

For section 59(e) of the Act, the following matters are prescribed—

a description of the following—

the project;

the places affected by the project;

any matters of national environmental significance likely to be affected by the project;

a summary of the project’s relevant impacts;

a summary of feasible mitigation measures or changes to the project or procedures to prevent or minimise the project’s relevant impacts, proposed by the proponent or suggested in a relevant submission;

to the extent practicable, a summary of feasible alternatives to the project identified in the assessment process and the likely impact of the alternatives on matters of national environmental significance;

to the extent practicable, a recommendation for any conditions of approval for the project that may be imposed to address impacts identified in the assessment process on matters of national environmental significance.

In this section—

relevant submission means a properly made submission under section 55(2) of the Act or a submission accepted by the chief executive under section 55(3) of the Act.

The chief executive must, as soon as practicable after preparing an EIS assessment report, give a copy of it to the Commonwealth Minister.

[repealed]