State Development and Public Works Organisation Regulation 2020

This regulation may be cited as the State Development and Public Works Organisation Regulation 2020.

This regulation commences on 2 September 2020.

A reference in this regulation to the department’s website is taken to include a reference to the website of the Coordinator-General.

This part applies in relation to a project if—

the project is declared, under section 26 of the Act, to be a coordinated project; and

either—

the Commonwealth Minister decides under the Commonwealth Environment Act, section 87, that the approach for assessing the relevant impacts of the project is assessment by an accredited assessment process and gives notice of the decision under section 91 of that Act; or

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

part 4A of the Act does not apply in relation to the project.

For subsection (1)(b), it does not matter—

whether the Commonwealth Minister’s decision mentioned in subsection (1)(b)(i) is made, or the notice of the decision is given, before or after the project is declared as mentioned in subsection (1)(a); or

whether the requirement for the assessment mentioned in subsection (1)(b)(ii) arises before or after the project is declared as mentioned in subsection (1)(a).

In this section—

bilateral agreement has the meaning given by the Commonwealth Environment Act, section 45(2).

In this part—

designated proponent, of a project, means the person designated, under the Commonwealth Environment Act, section 75(3), as proponent of the action the subject of the project.

EIS process means the process under part 4, division 3, subdivision 1 of the Act for a coordinated project.

IAR process means the process under part 4, division 3, subdivision 2 of the Act for a coordinated project.

relevant impacts has the meaning given by the Commonwealth Environment Act, section 82.

This section applies if a step or action is taken in the EIS process or IAR process for a project—

after the project is declared, under section 26 of the Act, to be a coordinated project; but

before both of the actions mentioned in section 3(1)(b)(i) happen.

The step or action is taken to have complied with this part to the extent the step or action, if it had been taken after both of the actions mentioned in section 3(1)(b)(i) had happened, would have complied with this part.

This section applies to the following—

public notification by the Coordinator-General under section 29(1)(b) of the Act;

public notification of a draft EIS under section 33(1) of the Act;

public notification of additional information under section 33(1) of the Act, as applied under section 34C(3)(a) of the Act;

public notification of a draft IAR under section 33(1) of the Act, as applied under section 34H(2) of the Act;

public notification of a revised draft IAR under section 33(1) of the Act, as applied under section 34K(3)(a) of the Act.

The public notification must state each of the following—

the project’s title;

the proponent’s full name;

the name of the entity intending to take the action the subject of the project;

if the proponent and the designated proponent are not the same entity—the designated proponent’s full name;

a brief description of the project;

the location of the project;

the matters for the project that are protected by a provision of the Commonwealth Environment Act, part 3, as mentioned in section 34 of that Act.

The public notification must be published—

in a newspaper circulating throughout Australia; or

in each State, in a newspaper circulating generally in the State.

An EIS or IAR for a project must address the matters mentioned in schedule 1.

The submission period set by the Coordinator-General for a draft EIS or draft IAR must be at least 28 days starting on the day after—

for a draft EIS—the day it is publicly notified under section 33(1) of the Act; or

for a draft IAR—the day it is publicly notified under section 33(1) of the Act, as applied under section 34H(2) of the Act.

A report under section 34D(2) or 34L(2) of the Act must contain the following matters—

a description of—

the project; and

the places affected by the project; and

the controlling provisions for the project;

a summary of the project’s relevant impacts;

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

to the extent practicable, a description of feasible alternatives to the project identified in the EIS process or IAR process for the project, and the likely impact of the alternatives on matters of national environmental significance;

a statement of conditions of approval for the project that may be imposed to address impacts, identified in the EIS process or IAR process for the project, on matters of national environmental significance;

a statement of requirements for, and conditions of, approval applying, or proposed to apply, to the project when the report is prepared, including a description of the monitoring, enforcement and review procedures applying, or proposed to apply, to the project.

After completing the report, the Coordinator-General must give a copy of it to the Commonwealth Minister.

In this section—

controlling provision, for a project, means a provision of the Commonwealth Environment Act, part 3 that is decided by the Commonwealth Minister, under part 7, division 2 of that Act, as a controlling provision for the action the subject of the project.

matter of national environmental significance means a matter protected by a provision of the Commonwealth Environment Act, part 3, division 1, as mentioned in section 34 of that Act.

relevant submission means a properly made submission, or a submission accepted by the Coordinator-General under—

for a draft EIS—section 34 of the Act; or

for a draft IAR—section 34 of the Act, as applied under section 34H(3) of the Act.

For section 54P(3)(a) of the Act, the information required is stated in schedule 2.