EIA Guide Part 1
1.0 Introduction
The purpose of this guide is to explain the environmental impact assessment process in the Northern Territory and to outline how it may affect proposed new projects. The Environmental Assessment Act 1982 and Environmental Assessment Administrative Procedures 1984, which accompanies the Act, form the basis for this process. They will be referred to as the Environmental Assessment Act and Administrative Procedures throughout this document.
The environmental impact assessment process provides the government with the information needed to assist consideration and decision on matters which could significantly affect the environment. It enables environmental issues to be considered in a balanced way with other aspects involved in determining the acceptability of a proposal and it ensures that unnecessary and unacceptable harm to the environment can be avoided.
For these reasons it is important that any potential environmental impacts and constraints are identified early in the planning and design of the proposal. Early identification will ensure that environmental assessment is integrated with engineering and economic feasibility studies in the project formulation so as to produce the best and most appropriate project design.
2.0 Application
The primary purpose of the assessment process is to provide for appropriate examination of proposed new projects which may cause significant environmental impact. The legislation defines ‘environment’ to mean all aspects of the surroundings of man including the physical, biological, economic, cultural and social aspects.
The legislation applies to both public works and private projects and is essentially concerned with land use and development decisions. It should be noted, however, that the requirement for environmental impact assessment may also apply in situations where a project, previously the subject of assessment, is subsequently altered in such a way that it substantially changes the environmental impacts of that project. Similar circumstances also apply where major modifications or expansions are proposed for currently operating projects where these changes are likely to result in a significant effect on the environment.
The level of assessment will vary depending on the sensitivity of the local environment, the scale of the proposal and its potential impact on the environment. Information required from the proponent will either be to the level of a Public Environmental Report (PER) or an Environmental Impact Statement (EIS) and Supplement for those proposals where the environmental impact is likely to be of major significance.
3.0 Responsibilities
The Minister for Natural Resources, Environment and Heritage (the Minister) is responsible for administering the Environmental Assessment Act and Administrative Procedures. The Minister determines which proposals should be subject to assessment under the Act and also decides on the appropriate level of assessment in each case.
The Environment Protection Agency assists with implementing the assessment procedures on behalf of the Minister.
The proponent of a proposal (proposed action) to which the Act may apply is required to notify the responsible Minister (e.g. for a mine, the Minister for Mines and Energy) who in turn provides the Minister with a notification of the proposed action and the details of the proponent. The Minister, after receiving notification may direct the proponent to provide further information to assist in determining whether or not a PER or an EIS is required. If the Minister considers that an EIS is warranted, he/ she must consult the responsible Minister and relevant advisory bodies. For proposed actions where a PER or an EIS is required, guidelines for the preparation of the PER or EIS are prepared, advertised for public review, and issued to the proponent by the Minister.
