4.0 Administrative procedures
4.2 Determination of the level of assessment
Option B: Environmental Impact Statement
An EIS is called for to assist in assessing environmental impacts which are considered significant either in terms of site specific issues, offsite issues and conservation values and / or the nature of the proposal.
Key points on an EIS:
- number of environmental issues;
- greater magnitude, duration, frequency and extent of impacts;
- proposal affected by international, national or State / Territory legislation or treaties for the protection of natural habitats, flora and fauna;
- proposal has potential for significant environmental risk or hazard to adjacent users or uses; and
- proposal has potential for significant environmental impact to occur.
A generic timetable for the assessment of an EIS is illustrated at Table 2.
(Table 2.) Generic Timetable for the Assessment of an EIS
| Action |
Timing |
|
|---|---|---|
| 1. | Proponent notifies the responsible Minister of a proposal including details (NOI). |
Open |
| 2. | Responsible Minister notifies Minister for Natural Resources, Environment and Heritage (the Minister) of proposal. |
Open |
| 3. | Minister may require further information from proponent to assist in determining level of environmental significance. |
within 14 days |
| 4. | Minister determines the level of assessment and notifies responsible Minister and proponent that an EIS is necessary. |
Open |
| 4a. | There may be a requirement here for Commonwealth input on type and level of assessment. It depends on the proposal and whether it requires a Commonwealth decision.If the Commonwealth determine that the proposal is a ‘controlled action’ under the Environment Protection and Biodiversity Conservation Act it is likely to be assessed under the bilateral agreement between the NT and the Commonwealth. |
|
| 5. | Draft Guidelines for an EIS are prepared. |
Open |
| 6. | Draft Guidelines available for public comment and referred to advisory bodies. |
14 days |
| 7. | Minister finalises draft Guidelines, issues Guidelines to the proponent and directs the preparation of a draft EIS |
within 14 days |
| 8. | Proponent prepares draft EIS and submits it to the Minister (Minister can determine a date for submission). |
Open |
| 9. | Draft EIS advertised for public comment and circulated for government advisory body comment |
not less than 28 days |
| 10. | Public and government advisory body comments forwarded to proponent. |
ASAP |
| 11. | Proponent prepares Supplement to draft EIS and submits Supplement to Minister, (date can be determined). |
Open |
| 12. | Supplement to draft EIS circulated to advisory bodies for comment. |
within 14 days |
| 13. | Minister can request further information. If further information is requested, the assessment clock stops until the information is received. |
within 21 days of supplement delivery |
| 14. | Preparation of assessment report and recommendations based on draft EIS, Supplement and comments received. (Minister can extend period.) Minister forwards assessment report and recommendations to responsible Minister. |
within 35 days of supplement delivery |
| 14a. | If the bilateral agreement applies, the assessment report is forwarded to the Commonwealth for approval under the Environment Protection and Biodiversity Conservation Act. |
