Major environmental impact assessment (EIA) processes in Queensland

Transcription

1 Major environmental impact assessment (EIA) processes in Queensland By Dr Chris McGrath (8 November 2011) Environmental impact assessment (EIA) is the term used to describe a variety of processes used to assess the environmental impacts of a proposal and the ways of mitigating those impacts. One form of EIA is the preparation of an Environmental Impact Statement (EIS), which is a document that generally describes: the proposed development; the relevant environment; potential impacts of the development on the environment; ways of mitigating impacts to the environment; and alternatives to the proposed development. The purpose of EIA is normally to inform the relevant decision-maker of potential environmental impacts and mitigation measures to enable them to decide whether to allow the development to proceed and what conditions, if any, should be placed upon it. Under Queensland law there are a range of EIA processes that may potentially be triggered or required by government decision-makers. The major ones are as follows: Statute 1. Sustainable Planning Act 2009 (Qld) (SPA) ss and Environmental Protection Act 1994 (Qld) (EPA) ss State Development and Public Works Organisation Act 1971 (Qld) (SDPWOA) ss Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act), Part 8, ss Summary of EIA provisions Contains a general procedure of information requests for any development application and public notification for any impact assessable development application (Figure 1). A special EIS process for assessing controlled actions under a bilateral agreement for the EPBC Act is provided in Part 2 of Ch 9 (ss ) but is rarely used (Figure 2). Contains an EIS process generally limited to assessing applications for an environmental authority (mining lease) and petroleum extraction (including natural gas extraction) (Figure 3). Linked to the EPBC Act through a bilateral agreement. General power to declare a significant project and require an EIS involving public notification (Figure 4). Procedure over-rides EIA processes under SPA and EPA. Linked to the EPBC Act through a bilateral agreement. Public notice and submissions on all referrals to determine whether they are controlled actions and, in addition, contains six major EIA procedures for assessing impacts of controlled actions (Figure 5): Accredited assessment process; Assessment on referral information; Assessment on preliminary documentation; Public Environment Report; Environmental Impact Statement; Public Inquiry. Accredited assessment processes include a State EIA procedure under a bilateral agreement. A bilateral agreement is in force for Queensland and is typically used whenever an EIS is required. Flowcharts showing the major steps and stages in the SPA information request and EIS processes are provided in Figures 1-2 and for the EIS process in the EPA, SDPWOA, EPBC Act in Figures 3-5. These flowcharts do not include further EIA which may occur during court proceedings regarding the approval processes. 1

2 Figure 1: Information request & public notification process in the integrated development assessment system (IDAS) of the Sustainable Planning Act 2009 (Qld) prepares response to information request(s) >15 BD Development Information Public End of Decision Application request(s) notification notification (s324) (s260) (s276) (for Impact period Assessment (s307) only) (s297) (for Impact Assessment only) Note: BD = business days 2

3 Figure 2: EIS process under Chapter 9 of the Sustainable Planning Act 2009 (Qld) (SPA) requests DLGP to prepare terms of reference (s690) >15BD prepares draft EIS (s693) >30BD changes draft EIS or prepares supplementary EIS if requested Draft terms Public Terms of Public Final day EIS of reference notification Reference notification for assessment prepared by of ToR for EIS of draft EIS submissions report DLGP (s691) finalised (s694) (s697) (s691) (s692) on Terms of Ref. on draft EIS (s695) Note: DLGP = the Queensland Department of Local Government & Planning; and BD = business days 3

4 Figure 3: EIS process under the Environmental Protection Act 1994 (Qld) prepares draft terms of reference (ToR) prepares EIS >30 BD >30 BD amends EIS or prepares supplementary EIS if requested Decision that Public ToR Decision Public Final EIS EIS required notification finalised that EIS notification day for assessment for mining or of draft ToR (s46) complies of EIS submissions report petroleum activity (ss42-43) with ToR (s51) (s52) (s57) (ss162 & 310E); (s49) or voluntary EIS (ss70-72) on ToR on EIS (s54) Note: BD = business days 4

5 Figure 4: EIS process under the State Development and Public Works Organisation Act 1971 (Qld) prepares initial advice statement (s27(a)) prepares EIS prepares supplementary EIS if requested >28 days Declaration of Public Terms of Public Final day Coordinator significant notification Reference notification for sub- General s project by that EIS is for EIS of EIS missions report Coordinator- required & finalised (s33) (s35) General draft ToR (s30) Report (s29) (s26) on Terms of Ref. on EIS (s34) 5

6 Figure 5: EIS process under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) SPA see Figure 2 refers action No further assessment required If Queensland bilateral applies EPA see Figure 3 (No) Yes Accredited assessment process Assessment on referral information Assessment on preliminary documentation SDPWOA see Figure 4 Referral Public Decision Decision (ss 68-70) notice whether on method of referral controlled of assessment (s74) action (s87) (s75) Public Environment Report Environmental Impact Statement Public Inquiry Process if EIS required on referral (s74) prepares draft EIS (s103) >20 BD finalises EIS (s104) List of acronyms BD business days EIS environmental impact statement EPA Environmental Protection Act 1994 (Qld) s section [number in legislation] SDPWOA State Development & Public Works Organisation Act 1971 (Qld) SPA Sustainable Planning Act 2009 (Qld) Minister gives Invitation Final day Department for public for public Secretary EIS guidelines comment comment prepares (s101a) on draft EIS recommendation report (s105) Public comment on draft EIS (s103) 6