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PLANNING AND DEVELOPMENT (ENVIRONMENTAL IMPACT STATEMENTS) AMENDMENT ACT 2010 (NO. 56 OF 2010) - SECT 29

Schedule 4, part 4.2

substitute

Part 4.2     Development proposals requiring EIS—activities

column 1

item

column 2

development proposal

1

proposal for construction of a transport corridor including a major road, a dedicated bus way, a railway, or a light rail corridor, on any land, other than on land designated under the territory plan as a future urban area or in a transport and services zone, if the proposal is likely to have a significant adverse environmental impact on—

        (a)     air quality so as to be detrimental to the health of persons in an adjoining residential, commercial or community facility zone; or

        (b)     ambient noise or vibration so as to be detrimental to the health of persons in an adjoining residential, commercial or community facility zone

2

proposal that involves—

        (a)     electricity transmission line construction, including additions or realignment works, outside an existing easement or exceeding 500m in length, that are intended to carry underground or above-ground transmission lines with a voltage of 132kV or more; or

        (b)     a coal electricity generating station; or

        (c)     an electricity generating station (other than a coal electricity generating station) including gas, wind, hydroelectric, geothermal, bio-material, solar power or co-generation—

              (i)     that is capable of supplying—

(A)     the amount of electrical power prescribed by regulation; or

(B)     if no amount is prescribed—4MW or more of electrical power; or

              (ii)     in a location or of a kind or nature prescribed by regulation; or

        (d)     an electricity generating station if the temperature of water released from the station into a body of water (other than an artificial body of water) is likely to vary by more than 2 o C from the ambient temperature of the body of water

3

proposal for construction of a water storage dam—

        (a)     that will be at least 15m high when measured from the lowest point of the general foundations to the crest of the dam; or

        (b)     that will be at least 10m high when measured from the lowest point of the general foundations to the crest of the dam if—

              (i)     the crest is not less than 500m in length; or

              (ii)     the water storage capacity of the reservoir formed by the dam at normal operating level is at least 1 000 000m 3 ; or

              (iii)     the recommended design flood discharge dealt with by the dam is at least 2 000m 3 per second; or

        (c)     in the river corridor zone under the territory plan unless the conservator of flora and fauna produces an environmental significance opinion that the proposal is not likely to have a significant adverse environmental impact; or

        (d)     on a continuously flowing river in a non-urban zone under the territory plan unless the conservator of flora and fauna produces an environmental significance opinion that the proposal is not likely to have a significant adverse environmental impact

4

proposal for construction of an airport or airfield (other than a helicopter landing facility used exclusively for emergency services purposes, including medical evacuation, fire fighting, retrieval or rescue)

5

proposal for construction of a wastewater treatment plant (including a plant for the treatment of sewage or other effluent) that—

        (a)     will be less than 1km from the boundary of a residential block or unit in a residential or commercial zone; or

        (b)     will be able to treat each day more than—

              (i)     2 500 people equivalent capacity; or

              (ii)     750kL; or

        (c)     will have capacity to store more than 1kt of sewage, sludge or effluent; or

        (d)     will incinerate sewage or sewage products; or

        (e)     will have a capacity to treat more than 100ML of wastewater (excluding stormwater) each year; but

        (f)     is not—

              (i)     a plant for the treatment of stormwater; or

              (ii)     a small-scale wastewater treatment plant (including a plant for the treatment of sewage or other effluent but not including a small-scale plant prescribed by regulation); or

              (iii)     a residential on-site wastewater treatment system (including a septic tank)

6

proposal for construction of a petroleum storage facility with a storage capacity greater than 500kL of petroleum products at 1 time

7

proposal for construction of a permanent venue for the conduct of motor racing events

8

proposal for use of land for a commercial landfill facility, other than for the disposal of virgin excavated natural material (or other earth and rock fill that is inert waste) if—

        (a)     the intended capacity of the facility is more than 5kt each year, or 20kt in total; or

        (b)     the facility will be—

              (i)     in an area with a high watertable, highly permeable soils, sodic soils or saline soils; or

              (ii)     less than 2km from the boundary of a residential block or unit in a residential or commercial zone

9

proposal for the construction of a waste management facility that is—

        (a)     an incineration facility for the destruction by thermal oxidation of waste including biological, veterinary, medical, clinical, dental, quarantine and municipal waste; or

        (b)     for the sterilisation of clinical waste; or

        (c)     for the storage, treatment, disposal, processing, recycling, recovery, use or reuse of regulated waste

10

proposal for a waste transfer station or recycling facility that sorts, consolidates or temporarily stores solid waste (including municipal waste) for transfer to another site for disposal, storage, reprocessing, recycling, use or reuse, if the transfer station—

        (a)     is intended to handle more than 30kt of waste each year; or

        (b)     will be less than 1km from the boundary of a residential block or unit in a residential or commercial zone; but

        (c)     is not a small-scale waste management facility, on or near a residential block or near a residential unit, consisting of wheelie bins, small hoppers, or other small waste management bins or enclosures for the use of people living on the residential block or in the residential unit

Note     A development application for a development proposal must include an EIS in relation to the proposal if the impact track applies to it because of a declaration under s 125 (Declaration by Public Health Act Minister affects assessment track).



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