When it comes to large resource projects, the prerequisite for obtaining an environmental authority often requires the preparation of an Environmental Impact Statement (EIS).
When a project falls under the purview of an EIS, it opens up opportunities for stakeholders, to contribute insights concerning the potential environmental, economic, and societal ramifications of the project.
EIS
EIS serves as a governmental instrument employed for the evaluation of:
1) The current state of the environment within the project’s vicinity.
2) The conceivable environmental, economic, and social consequences associated with the project.
3) The proponent’s strategies for averting, diminishing, mitigating, or counterbalancing these potential impacts.
4) Exploring alternative methodologies to execute the project, aimed at curtailing its environmental footprint.
The state of Queensland employs two distinct EIS assessment procedures:
1) EIS is conducted under the Environmental Protection Act 1994 (EP Act), which falls within the jurisdiction of the Department of Environment and Science.
2) EIS is conducted under the State Development and Public Works Organisation Act 1971 (SDPWO Act), overseen by the Coordinator-General at the Department of State Development, Manufacturing, Infrastructure, and Planning.
The EP Act-based EIS process is generally pertinent to mining, petroleum, and gas projects. Nevertheless, there is a potential scenario wherein a project is designated as a ‘coordinated project’ under the SDPWO Act.
EIS under the Environmental Protection Act 1994
In the context of the EP Act, a proponent is tasked with completing an EIS, either on a voluntary basis or as mandated by the department.
Objectives of EIS
The objectives of the EIS encompass:
1) Appraising both detrimental and advantageous impacts (spanning environmental, economic, and social facets).
2) Evaluating strategies to curtail detrimental environmental consequences, encompassing direct, indirect, and cumulative impacts.
3) Deliberating on feasible alternative approaches for project execution.
4) Furnishing valuable information to Commonwealth and state authorities, the proponent, and the general public.
5) Assisting the department in subsequent approval determinations.
6) Ensuring compliance with any assessment prerequisites stipulated under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), particularly for projects categorized as controlled actions under the EPBC Act and undergoing EIS assessment per the bilateral agreement.
Importance of Environmental Impact Statement
The Environmental Impact Statement (EIS) process, governed by the Environmental Protection Act 1994 (EP Act), serves as the evaluation mechanism for resource project proposals carrying a notable environmental risk. These projects often play a pivotal role in Queensland’s economic development, involving substantial capital investment and the potential to drive regional growth and employment.
The department, in adherence to the EP Act, carefully assesses whether an application necessitates EIS scrutiny. Projects classified as having a substantial environmental risk are mandated to submit an EIS unless they fall under either of the following exceptions:
1) The application pertains to a ‘coordinated project’ according to the State Development and Public Works Organisation Act 1971 (SDPWO Act).
2) An EIS has already been submitted to the department under the EP Act.
What Triggers EIS?
The EIS process under the EP Act can be triggered in several ways for the evaluation of a proposed resource activity:
1) Environmental Authority (EA) Applications:
The department mandates EIS assessment for site-specific EA applications related to resource activities under the EP Act. This encompasses site-specific EA amendment applications for existing resource activities. It’s important to note that only site-specific applications have the potential to initiate the EIS process; standard or variation applications do not.
2) EA Amendment Applications:
When applying for an amendment to an existing EA for a resource activity under the EP Act, if the department deems the proposed amendment as significant, it will require EIS evaluation.
3) Pre-EA Application Stage:
The project proponent may opt to submit a voluntary EIS preparation application. The department will assess the suitability of an EIS for the proposed project.
Alternatively, before applying for an EA, the project proponent can request a determination on whether an EIS is necessary under the EP Act. If the chief executive determines that an EIS is unnecessary for an EA application, the proponent retains the option to voluntarily prepare an EIS.
Terms of Reference (TOR)
In accordance with the Environmental Protection Act 1994 (EP Act), the Terms of Reference (TOR) play a pivotal role in outlining the essential content requirements for the Environmental Impact Statement (EIS).
Proponents are encouraged to utilise the department’s endorsed template for a preliminary TOR, often referred to as the ‘generic terms of reference.’ This generic version serves as the foundation for crafting a project-specific draft TOR.
The project-specific draft TOR is then presented to the department and subsequently made available for public consultation. During this engagement phase, the department actively seeks and reviews pertinent input, comments, or information from all concerned stakeholders. This inclusive approach ensures that diverse interests are duly considered within the TOR framework. Further details on how you can contribute to the EIS process can be found [here](insert link).
Following the completion of the public consultation process, the department issues a final TOR. Proponents are mandated to address the stipulations outlined in the final TOR during the preparation of their EIS.
Post-TOR Process: Preparing the EIS
Upon receiving the final TOR, proponents have a two-year window to develop the Environmental Impact Statement (EIS). It’s worth noting that this timeframe may be subject to extension through mutual agreement, allowing for a comprehensive and diligent EIS preparation.
Guidance on Preparing and Distributing an Environmental Impact Statement (EIS) Notice
Section 1: Introduction
An EIS notice serves as a crucial tool for informing the public, government bodies, and concerned stakeholders about the availability of an Environmental Impact Statement (EIS) under the Environmental Protection Act 1994 (EP Act). This notice not only notifies the existence of a proposed project but also outlines the procedure for submitting feedback on the EIS.
Section 2: Obligations for EIS Notice Preparation and Submission
As a project proponent, you are obligated to create an EIS notice once an EIS has been submitted to the Department of Environment and Science and has been greenlighted for the notification stage under section 49 of the EP Act. Importantly, the EIS is open to submissions from any interested party.
Section 3: Timely Dissemination of EIS Notice
The department does not stipulate a fixed date for the advertisement of the EIS notice. However, the EP Act mandates the publication of the public notice within 20 business days from the notification of the department’s approval to proceed with the EIS.
Furthermore, the submission period’s duration, during which feedback can be submitted, is determined by the department. It should extend no less than 30 business days from the initial business day after the EIS notice’s publication.
Section 4: Content and Format of EIS Notice
The EIS notice must adhere to the approved format (refer to Attachment A) and must include crucial elements such as a project description, the location where the EIS is accessible, the means of obtaining EIS documents, submission guidelines, and other prescribed details as per regulations. Notably, the information in the notice should align with other publicly available project information. Moreover, notices published in newspapers should prioritize readability for diverse audiences.
Section 5: Declaration of Compliance
Within 10 business days after the final publication of the EIS notice in a newspaper, a statutory declaration (outlined in Attachment B) must be submitted to the chief executive. This declaration affirms compliance with sections 51 and 52 of the EP Act, lists recipients of the EIS notice, and includes a copy of the notice. An electronic statutory declaration form is available on the Queensland Government website.
This comprehensive guideline ensures that the EIS notice process aligns with the legal framework and serves as an effective means of engaging with stakeholders and the public.
Anitech’s experienced environmental consultants can help organisations understand the Environmental Impact Statement and help in creating it.
Call us today at 1300 802 163 or e-mail – sales@anitechgroup.com.
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