Australian Capital Territory Numbered Regulations

PLANNING AND DEVELOPMENT REGULATION 2008 (NO 2 OF 2008) - REG 50

    (1)     An EIS in relation to a development proposal that is to be assessed by the Territory in accordance with a bilateral agreement under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) must address the matters mentioned in the Environment Protection and Biodiversity Conservation Regulations 2000 (Cwlth), schedule 4.

    (2)     An EIS in relation to a development proposal (including a proposal to which subsection (1) applies) must include the following:

        (a)     a non-technical summary of the EIS, including a summary of its recommendations;

        (b)     a glossary of technical terms and any abbreviations and acronyms used in the EIS;

        (c)     a description of the proposal, including—

              (i)         the location of the land to which the proposal relates; and

              (ii)         if the land is leased—the lessee's name; and

              (iii)     if the land is unleased land or public land—the custodian of the land; and

Note     Custodian —see the Act, s 333.

              (iv)     the purposes for which the land may be used; and

              (v)     if the land is leased—

    (A)     the division name, and block and section number, of the land under the Districts Act 2002 ; and

    (B)     the volume and folio of the lease in the register under the Land Titles Act 1925 ; and

              (vi)     a statement of the proposal's objectives; and

              (vii)     the time for implementation of the proposal, including for any stage; and

              (viii)     details of any action that has been, or is being, taken by the proponent, or any other entity, in relation to the land to which the proposal relates; and

Note     Entity includes an unincorporated body and a person (including a person occupying a position) (see Legislation Act, dict, pt 1).

              (ix)     details of any alternatives to the proposal considered in developing the proposal;

Examples—alternatives

1     alternative siting within the land to which the proposal relates

2     alternative designs, methods of construction, materials and sources of materials

3     alternative locations for the development

4     alternative uses of the land to which the proposal relates

Note     An example is part of the regulation , is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

        (d)     a description of the EIS process, including—

              (i)         any statutory approval obtained or required for the proposal; and

              (ii)     the base information used for predicting each potentially significant environmental impact identified in the scoping document for the EIS; and

              (iii)     the criteria used for assessing the significance of each environmental impact and the performance of any alternative to the proposal considered under paragraph (c) (ix);

        (e)     a statement about the proposal's compatibility with the principles for environmental sustainability in the territory plan, volume 1, part 2.1 (Statement of Strategic Directions);

        (f)     for each potentially significant environmental impact identified in the scoping document for the development proposal—

              (i)     an identification of the relevant environmental values; and

              (ii)     an identification of the findings and results of any environmental investigation in relation to the land to which the proposal relates; and

              (iii)     a description of the effects of the environmental impact (including cumulative and indirect effects) on physical and ecological systems and human communities; and

              (iv)     an analysis of the significance of the potential environmental impact of the development; and

              (v)     a statement of the approach proposed to be taken to the environmental management of the land to which the proposal relates, including any proposed impact prevention, mitigation or offsetting measures to deal with the environmental impact of the proposal;

Note     An EIS must also address each matter raised in the scoping document for the development proposal, see the Act, s 216 (2) (a) and s 221 (3) (a).

        (g)     a description of consultation undertaken for the EIS;

        (h)     for a revised EIS—a summary of the representations made within the public consultation period;

Note     For other requirements in relation to the representations, see the Act, s 221 (3) (b).

              (i)     the EIS's recommendations.

    (3)     For subsection (2) (f), each potentially significant environmental impact identified in the scoping document for the EIS must be addressed in its own part of the EIS.

    (4)     For subsection (2) (f) (v), the approach proposed to be taken to the environmental management of the land may be set out in a management plan for the land.

    (5)     An EIS must be prepared in accordance with any requirement set out in the scoping document for the EIS.

    (6)     In this section:

"EIS" means an environmental impact statement proposed to be prepared for the Act.