EIA in the NT Page 4
4.3 Public Review of Guidelines
The Administrative Procedures provide for public comment and review of the draft Guidelines on the matters to be addressed in a PER or an EIS. The draft Guidelines are prepared by the Environment Protection Agency after consultation with relevant government advisory bodies on the issues associated with the proposed action. The draft Guidelines are made available to the public for comment and review for a 14 day period. The Environment Protection Agency advertises the availability of the draft Guidelines to the public and circulates them to the government advisory bodies for comment during this period.
At the close of the public review period, the Environment Protection Agency has 14 days to finalise the draft Guidelines for approval by the Minister. The approved Guidelines are forwarded by the Minister to the proponent with a direction to prepare a PER or an EIS.
4.4 Public Review of PER / EIS
Upon lodgement of the PER or the EIS (called a draft EIS) by the proponent, the document is exhibited for public review and comment. The public exhibition period provides an opportunity for those having an interest in, or living near a proposed development to provide their comment on the proposal or in respect to specific environmental issues of concern. In the Northern Territory the period for public review and comment on a PER is a maximum of 28 days, and for a draft EIS is a minimum of 28 days. Invitation for public comment is advertised in various media by the proponent and copies of the PER or the draft EIS are placed on display at relevant public places as well as on the Environment Protection Authority’s website. Copies are also made available for sale on request by the proponent.
During the period for public review, the PER or the draft EIS are circulated to government advisory bodies for comment in relation to their areas of expertise and responsibility.
4.5 Finalisation of Environmental Assessment Process
a) Public Environmental Report
For a PER, the Environment Protection Agency prepares an assessment report and recommendations for approval by the Minister, who in turn forwards the report and recommendations to the responsible Minister for incorporation in approval conditions, and relevant management procedures. The assessment report and recommendations address issues raised by the government advisory bodies and in the public comments.
During the circulation and comment period for the PER, the Minister may call for further information from the proponent if the PER falls short in some aspect of the description of the proposal and environmental discussion. This data is further circulated by the Environment Protection Agency to relevant government advisory bodies for comment.
b) Environmental Impact Statement
For a draft EIS, submissions from government advisory bodies and the public are made available to the proponent, who addresses the issues raised in the form of a Supplement to the draft EIS. The proponent prepares the Supplement and submits it to the Minister. The Supplement is circulated to advisory bodies for review and comment.
During the first 21 days from the receipt of the Supplement, the Minister may call for further information from the proponent if the draft EIS and Supplement fall short in some aspect of the description of the proposal and environmental discussion. This data is further circulated by the Environment Protection Agency to relevant government advisory bodies for comment.
The Environment Protection Agency then prepares an assessment report and recommendations based on the draft EIS and the Supplement.
The report takes into account the issues raised by the advisory bodies, the public and the response to the issues by the proponent. The assessment report and recommendations are forwarded by the Minister, to the responsible Minister for inclusion in approval conditions, and relevant management procedures.
4.6 Public Register
The concluding step in the assessment process is the placement of the assessment reports and environmental recommendations on the Public Register.
A hard copy of the register is available from the Environment Protection Agency (specific information such as final Guidelines and assessment reports can be supplied, while copies of PERs and EISs can be made available to read).
A computer-based register is available via the Environment Protection Agency internet site. The page includes an up to date list of actions that are currently on public review, a list of projects that are currently undergoing environmental assessment (with links to download final Guidelines and the PER or EIS document), and a list of completed projects, which include links to the full set of environmental assessment documents (where possible).
5.0 Proponents' Responsibilities
Proponents of proposed actions are responsible for preparing the PER or EIS. They may prepare the document themselves or employ consultants, however the reports are always produced at the expense of the proponent.
If it is a government sponsored proposal, the government, as proponent arranges for the preparation of the PER or EIS.
5.1 Early Consultation
It is in the proponent's interest to assist the assessment process as much as possible. Early consultation and close cooperation with the Environment Protection Agency is advised so that the environmental assessment process is timely and effective.
Early consultation assists by:
- ensuring early studies are made of environmental issues which can contribute to preparation of the PER or EIS and appropriate design of the proposal; and
- guiding the proponent through the process and therefore minimising the need for additional information requests late in the process;
The Environment Protection Agency encourages continued involvement and discussion between assessment staff and the proponent, throughout the formulation of a proposal.
5.2 Complying with Commonwealth Legislation
It is the responsibility of the proponent to ensure that their proposal meets the requirements of the Commonwealth Environmental Protection and Biodiversity ConservationAct 1999. This legislation is administered by the Commonwealth Department of Environment and Heritage. The proponent can access information on the requirements of the EPBC Act through that Department’s internet site: (http://www.deh.gov.au/epbc/index.html).
The proponent should note that both jurisdictions have independent notification processes. However, a bilateral agreement is in place between the NT and the Commonwealth allowing a joint assessment to occur in the case that formal assessment is required at both a Territory and Commonwealth level. In this situation, a single environmental assessment process will satisfy the requirements of both jurisdictions.
