Environment Protection Regulations 2020 (NT)

NORTHERN TERRITORY OF AUSTRALIA

ENVIRONMENT PROTECTION REGULATIONS 2020

As in force at 20 November 2020

Table of provisions [if supportFields]> TOC \o "1-9" <![endif] — Preliminary matters1 — Citation2 — Commencement3 — DefinitionsPart 2 — Important concepts4 — Meaning of 5 — Methods of environmental impact assessment6 — Fit and proper personPart 3 — Environment protection declarationsDivision 1 — Environmental objectives and referral triggersSubdivision 1 Purpose of Division7 — Purpose of DivisionSubdivision 2 Process for declaring objective or trigger8 — Application of Subdivision9 — Draft declaration to be prepared10 — Consultation with NT EPA11 — Public consultation12 — Decision on draft declarationSubdivision 3 Process for review of objectives and triggers13 — Application of Subdivision14 — Consultation with NT EPA15 — Public consultation16 — Decision on reviewSubdivision 4 Process for amending objective or trigger17 — Application of Subdivision18 — Draft amendment declaration to be prepared19 — Consultation with NT EPA20 — Public consultation21 — Decision on draft amendment declarationSubdivision 5 Process for revoking objective or trigger22 — Application of Subdivision23 — Draft revocation to be prepared24 — Consultation with NT EPA25 — Public consultation26 — Decision on draft revocationDivision 2 — Protected environmental areas and prohibited actionsSubdivision 1 Purpose of Division27 — Purpose of DivisionSubdivision 2 Process for declaring protected environmental area or prohibited action28 — Application of Subdivision29 — Draft declaration to be prepared30 — Consultation with NT EPA31 — Public consultation32 — Decision on draft declarationSubdivision 3 Process for revoking temporary declaration of area33 — Consultation with NT EPASubdivision 4 Process for revoking permanent declaration of area or declaration of action34 — Application of Subdivision35 — Draft revocation declaration to be prepared36 — Consultation with NT EPA37 — Public consultation38 — Decision on draft revocationPart 4 — Referrals of proposed actions and strategic proposalsDivision 1 — Preliminary matters39 — Purpose of PartDivision 2 — Initial consideration of referrals40 — Additional information about referral41 — Decision not to proceed with referral process42 — Show cause process43 — Proponent initiated EIS referral44 — Decision whether to accept referral for standard assessment45 — Decision in relation to referral for strategic assessment46 — Decision on proponent initiated EIS referral47 — General grounds for refusal to accept referral48 — Ground for refusal to accept referral for strategic assessment49 — Ground for refusal to accept referral as proponent initiated EIS referral50 — Notice to proponent of decision51 — Publication of documents52 — Public consultation53 — Consultation with government authoritiesDivision 3 — Consideration of accepted referral54 — Application of Division55 — NT EPA to consider accepted referral56 — Matters NT EPA must consider57 — Decision or recommendation on accepted referral except proponent initiated EIS referral58 — Decision or recommendation on proponent initiated EIS referral59 — Method of environmental impact assessment60 — Consultation on assessment by inquiry61 — Consultation on proposed recommendation for strategic assessment62 — Consultation on proposed recommendation to refuse environmental approval63 — Statement of reasons64 — Notice to proponent of decision or recommendation65 — Notice of decision or recommendation to be publishedDivision 4 — Minister's decision on recommendation66 — Minister's decision on recommendation67 — Consultation on proposal to refuse to grant environmental approval68 — Show cause process69 — Time for making decision70 — Statement of reasons71 — Notice of decision72 — Decision to direct different method of assessment73 — Decision to direct standard or strategic assessment74 — Effect of decision to refuse environmental approval75 — Notice of decisionPart 5 — Environmental impact assessmentDivision 1 — Purpose of Part76 — Purpose of PartDivision 2 — General provisions for environmental impact assessmentSubdivision 1 Assessment process77 — NT EPA to have regard to environmental objectives78 — Proponent to have regard to environmental objectives79 — Matters that may be included in environmental impact assessment80 — Health impact assessment81 — Social impact assessment82 — Cultural impact assessment83 — Additional information during assessment process84 — Publication of documents and information85 — Public consultation86 — Power to obtain advice87 — Direction to proponent to obtain independent reviewSubdivision 2 Suspension and termination of assessment process88 — Suspension of assessment process on referral to Commonwealth89 — Suspension of assessment process at request of proponent90 — Suspension of assessment process pending receipt of advice91 — Effect of suspension on required period to make decision92 — Termination of assessment process93 — Show cause process94 — Withdrawal from assessment processSubdivision 3 Reconsideration of method of environmental impact assessment95 — NT EPA may reconsider method of environmental impact assessment96 — Show cause process97 — Decision on method of assessmentDivision 3 — Terms of referenceSubdivision 1 Approval of terms of reference98 — Terms of reference99 — Assessment period100 — Consultation with proponent101 — NT EPA to publish draft terms of reference102 — Public consultation103 — Consultation with government authorities104 — Decision on terms of reference105 — Notice to proponent of decision106 — Notice of decision to be publishedSubdivision 2 Amendment of approved terms of reference107 — Amendment of approved terms of reference108 — Preparation of draft amending terms of reference109 — Consultation with proponent110 — Publication of draft amending terms of reference111 — Public consultation112 — Consultation with government authorities113 — Decision on draft amending terms of reference114 — Approved amending terms of reference to be given to proponent115 — Publication of approved amending terms of reference116 — Existing assessment process may continue during amendment processDivision 4 — Assessment by referral information117 — Assessment by referral informationDivision 5 — Assessment by supplementary environmental report118 — Assessment by supplementary environmental report119 — Preparation of supplementary environmental report120 — Submission period for supplementary environmental report121 — Proponent to publish supplementary environmental report122 — Public consultation123 — Consultation with government authorities124 — Additional information in relation to supplementary environmental report125 — Publication of direction and information126 — NT EPA may invite submissions127 — NT EPA may invite proponent to address submissionsDivision 6 — Assessment by environmental impact statement processSubdivision 1 Preliminary matters128 — Application of Division129 — Terms of referenceSubdivision 2 Draft environmental impact statement130 — Preparation of draft environmental impact statement131 — Submission of draft environmental impact statement to NT EPA132 — Proponent to publish draft environmental impact statement133 — Public consultation134 — Consultation with government authoritiesSubdivision 3 Preparation of supplement135 — Preparation of supplement to draft environmental impact statement136 — Additional information to be included in supplement137 — Submission period for supplement138 — Proponent to publish supplement139 — Public consultation140 — Consultation with government authorities141 — Waiver of requirement for supplement142 — Status of supplement143 — Additional information in relation to environmental impact statement144 — Publication of direction and information145 — NT EPA may invite submissions146 — NT EPA may invite proponent to address submissionsDivision 7 — Assessment by inquiry147 — Application of Division148 — NT EPA to conduct inquiry149 — Terms of reference150 — Appointment of inquiry panel151 — Procedure of inquiry panel152 — Hearings of inquiry panel to be in public153 — Timing of report of inquiry or inquiry panel154 — Publication of report of inquiry or inquiry panel155 — Proponent to have regard to reportPart 6 — Assessment reports156 — Assessment report157 — Preparation of assessment report158 — Draft environmental approval159 — Draft statement of unacceptable impact160 — Consultation on draft environmental approval or draft statement of unacceptable impact161 — Period for providing assessment reportPart 7 — Significant variationsDivision 1 — Process for significant variation notified during assessment processSubdivision 1 Preliminary matters162 — Application of Division163 — NT EPA may suspend assessment processSubdivision 2 Initial consideration of notice of significant variation164 — Additional information about significant variation165 — Proponent may provide draft terms of reference or draft amendments166 — Decision whether to accept notice of significant variation167 — Grounds for refusal to accept notice of significant variation168 — Notice to proponent of decision169 — Publication of documents170 — Public consultation171 — Consultation with government authoritiesSubdivision 3 Consideration of accepted notice of significant variation172 — Matters NT EPA must consider in relation to significant variation173 — Decision or recommendation on significant variation174 — Statement of reasons175 — Notice to proponent of decision or recommendation176 — Notice of decision or recommendation to be publishedSubdivision 4 Implementation of decision on assessment177 — Assessment to continue without change178 — Alternative method of assessment required179 — New assessment for significant variation180 — Application of Part 5 if draft terms of reference for variation already published181 — Assessment is no longer requiredSubdivision 5 Amendment of terms of reference182 — Application of Subdivision183 — Preparation of draft amending terms of reference184 — Consultation with proponent185 — Publication of draft amending terms of reference186 — Public consultation187 — Consultation with government authorities188 — Decision on draft amending terms of reference for significant variation189 — Notice to proponent of decision190 — Notice of decision to be published191 — Assessment process after amending terms of reference approvedDivision 2 — Process for significant variation notified after assessment reportSubdivision 1 Preliminary matters192 — Application of Division193 — NT EPA to notify Minister of receipt of notice of significant variationSubdivision 2 Initial consideration of notice of significant variation194 — Additional information about significant variation195 — Proponent may provide draft terms of reference196 — Decision whether to accept notice of significant variation197 — Grounds for refusal to accept notice of significant variation198 — Matters to be provided to Minister if notice of variation refused199 — Notice to proponent of decision200 — Publication of documents201 — Public consultation202 — Consultation with government authoritiesSubdivision 3 Consideration of accepted notice of significant variation203 — Matters NT EPA must consider in relation to significant variation204 — Decision or recommendation on significant variation205 — Decision or recommendation if statement of unacceptable impact prepared206 — Notice to proponent of decision or recommendation207 — Notice of decision or recommendation to be publishedSubdivision 4 Implementation of decision on assessment208 — Matters to be provided to Minister if additional assessment not required209 — Documents to be provided to Minister if new assessment not required210 — New assessment for significant variation211 — Application of Part 5 if draft terms of reference for variation already published212 — Consultation on draft or revised draft environmental approvalDivision 3 — Process for referral of significant variation after environmental approval grantedSubdivision 1 Preliminary matters213 — Application of DivisionSubdivision 2 Initial consideration of referral of significant variation214 — Additional information about referral215 — Approval holder initiated EIS referral216 — Decision whether to accept referral for standard assessment217 — Decision whether to accept referral for strategic assessment218 — Decision on approval holder initiated EIS referral219 — General grounds for refusal to accept referral220 — Ground for refusal to accept referral for strategic assessment221 — Ground for refusal to accept referral as approval holder initiated EIS referral222 — Notice to approval holder of decision223 — Publication of documents224 — Public consultation225 — Consultation with government authoritiesSubdivision 3 Consideration of accepted referral of significant variation226 — Matters NT EPA must consider in relation to significant variation227 — Decision or recommendation on significant variation228 — Notice to approval holder of decision or recommendation229 — Notice of decision or recommendation to be publishedSubdivision 4 Implementation of decision on accepted referral of significant variation230 — Documents to be provided to Minister if environmental impact assessment not required231 — New assessment for significant variation232 — Application of Part 5 if draft terms of reference for variation already published233 — Consultation on draft amended environmental approvalPart 8 — Environment protection bonds234 — Claim on environment protection bondPart 9 — Registration of environmental auditors and environmental practitionersDivision 1 — Preliminary matters235 — Meaning of236 — Determinations of CEODivision 2 — Registration and renewal of registration237 — Application for registration238 — Grant of registration as environmental auditor239 — Grant of registration as environmental practitioner240 — Show cause process241 — Notice of registration242 — Conditions of registration243 — Application for renewal of registration244 — Grant of renewal of registration245 — Show cause process246 — Notice of renewal of registrationDivision 3 — Suspension or revocation of registration247 — Suspension or revocation of registration248 — Show cause process249 — Notice of suspension250 — Notice of revocation251 — When suspension or revocation has effectDivision 4 — Review of decisions252 — Review by NTCATDivision 5 — Registers253 — Register of environmental auditors254 — Register of environmental practitionersPart 10 — Notice of environmental incidents255 — Relevant information to be givenPart 11 — Infringement notice offences256 — Infringement notice offence and prescribed amount payable257 — When infringement notice may be given258 — Contents of infringement notice259 — Electronic payment and payment by cheque260 — Withdrawal of infringement notice261 — Application of PartPart 12 — General mattersDivision 1 — Documents and informationSubdivision 1 Referral and assessment documents262 — Definition263 — Document and information requirements264 — Proponent or approval holder to have regard to objectives in preparing documentsSubdivision 2 Submissions265 — Form of submissions to NT EPA266 — NT EPA to give copies of submissions to proponent or approval holder267 — Publication of submissions received during assessment process268 — Publication relating to form response or petition269 — Request not to publish submissionSubdivision 3 Prescribed documents270 — Prescribed documentsSubdivision 4 Confidential information271 — Confidential informationDivision 2 — Specified periods and extensions of specified periodsSubdivision 1 Extension of specified period for proponent or approval holder272 — Definition273 — Application for extension of specified period274 — Decision on application for extension275 — Statement of reasons276 — Notice to proponent or approval holder of decision277 — Notice of decisionSubdivision 2 Required period for NT EPA to do thing278 — Extension of period for NT EPA or inquiry panel to do thing279 — Failure of NT EPA to make decision or give direction within specified timeDivision 3 — Costs and fees280 — Recovery of costs281 — Fees and charges not refundedDivision 4 — Public register282 — Public registerSchedule 1 — Reviewable decisions and affected personsSchedule 2 — Infringement notice offences and prescribed amountsENDNOTES — NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY OF AUSTRALIA

As in force at 20 November 2020

ENVIRONMENT PROTECTION REGULATIONS 2020

Regulations under the Environment Protection Act 2019

Part 1Preliminary matters 1Citation

These Regulations may be cited as the Environment Protection Regulations 2020.

2Commencement

These Regulations commence on the day on which section 17 of the Environment Protection Act 2019 commences.

3Definitions

In these Regulations:

amend includes substitute.

approval holder initiated EIS referral means a referral mentioned in regulation 215.

Commonwealth Act means the Environment Protection and Biodiversity Conservation Act 1999 (Cth).

director, in relation to a body corporate, includes a person concerned in the management of the body corporate.

EIS means environmental impact statement.

environmental work means any of the following:

(a)
preparing environmental impact assessment documents and amending documents;
(b)
providing an independent review of environmental impact assessment documents and information;
(c)
providing advice on the environmental impact assessment process;
(d)
undertaking any investigation under the Act or these Regulations;
(e)
preparing or reviewing any other document required under the Act or these Regulations.

fit and proper person, for Part 9, see regulation 235.

infringement notice, see regulation 257.

infringement notice offence, see regulation 256(1).

inquiry panel means a panel appointed under regulation 150(1).

method of environmental impact assessment, see regulation 5.

prescribed amount, see regulation 256(2).

proponent initiated EIS referral means a referral mentioned in regulation 43.

referred action means a proposed action referred to the NT EPA under section 48 or 50(2)(c) of the Act for standard assessment.

referred significant variation means:

(a)
a proposed significant variation of an action notified under section 51(1) of the Act; or
(b)
a proposed significant variation of a strategic proposal notified under section 51(2) of the Act; or
(c)
a proposed significant variation of an action that has been referred to the NT EPA under section 52(1) of the Act.

referred strategic proposal means a strategic proposal referred to the NT EPA under section 49 of the Act for strategic assessment.

terms of reference, in relation to an environmental impact assessment, means:

(a)
the terms of reference approved under Part 5, Division 3 or Part 7 for the assessment; or
(b)
if the terms of reference are amended under these Regulations – the terms of reference as amended.

Part 2Important concepts 4Meaning of

For section 9(b) of the Act, the amount prescribed is $50 000.

5Methods of environmental impact assessment

(1)
The methods of environmental impact assessment that may be required for a referred action, a referred strategic proposal or a referred significant variation are:
- (a)
  assessment by referral information; or
- (b)
  assessment by supplementary environmental report; or
- (c)
  assessment by environmental impact statement; or
- (d)
  assessment by inquiry.
(2)
An assessment by inquiry may be carried out separately or with any other method of environmental impact assessment.
(3)
An assessment by inquiry that is carried out with another method of assessment must not duplicate any matters being assessed by that other method.

6Fit and proper person

(1)
For section 62(b) of the Act, the following matters are prescribed:
- (a)
  whether, in the Minister’s opinion, the person is of good repute, having regard to character, honesty and integrity;
- (b)
  if the person is a body corporate – whether, in the Minister’s opinion, each director of the body corporate is of good repute, having regard to character, honesty and integrity;
- (c)
  if the person is a member of a partnership – whether, in the Minister’s opinion, each member of the partnership is of good repute, having regard to character, honesty and integrity.
(2)
If the Minister has regard to the matters in section 62(a) of the Act in relation to a person that is a body corporate, the following additional matters are prescribed for section 62(b) of the Act:
- (a)
  whether the Minister believes on reasonable grounds that a director of the body corporate:
  - (i)
    has contravened a law of the Territory or another jurisdiction that relates to the physical or biological environment, including matters relating to pollution, biodiversity, natural resources, planning, development or waste; or
  - (ii)
    has contravened a law of the Territory or another jurisdiction that relates to heritage, health or cultural matters, including matters relating to sacred sites; or
  - (iii)
    has contravened a law of the Territory or another jurisdiction that relates to work health and safety; or
  - (iv)
    has committed an offence against any law of the Territory or another jurisdiction that involves an element of fraud or dishonesty; or
  - (v)
    has behaved or is likely to behave in a way that is inconsistent with the person’s duties as an approval holder;
- (b)
  whether the Minister believes on reasonable grounds that a director of the body corporate is or has been the director of another body corporate that has engaged in conduct of a kind mentioned in paragraph (a);
- (c)
  if the body corporate is the subsidiary of another body or company (the parent company) – whether the Minister believes on reasonable grounds that:
  - (i)
    the parent company or a director of the parent company has engaged in conduct of a kind mentioned in paragraph (a); or
  - (ii)
    a director of the parent company is or has been the director of another body corporate that has engaged in conduct of a kind mentioned in paragraph (a).
(3)
Subregulation (2) does not apply in relation to conduct by a person to the extent that the Minister, having regard to the following matters, considers that the conduct should not be taken into account:
- (a)
  the seriousness of the conduct;
- (b)
  the length of time since the conduct occurred;
- (c)
  any other matters that appear relevant to the Minister.
(4)
Without limiting section 62(c) of the Act, the matters the Minister may consider under that paragraph may include the following:
- (a)
  whether the person, during the previous 3 years:
  - (i)
    was an undischarged bankrupt; or
  - (ii)
    applied to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
  - (iii)
    compounded with the person’s creditors or made an assignment of the person’s remuneration for their benefit;
- (b)
  whether the person is or was a director of a body corporate:
  - (i)
    that is the subject of a winding up order; or
  - (ii)
    for which a controller or administrator has been appointed during the previous 3 years;
- (c)
  if the person is a body corporate – whether the body corporate:
  - (i)
    is the subject of a winding up order; or
  - (ii)
    has had a controller or administrator appointed during the previous 3 years;
- (d)
  whether, in the Minister’s opinion, the person has the financial capacity to comply with the person’s obligations under the environmental approval;
- (e)
  whether, in the Minister’s opinion, actions or things authorised by the environmental approval will be carried out by a technically competent person.
(5)
A person who is to be assessed under Part 5 of the Act to determine whether the person is a fit and proper person to hold an environmental approval must provide to the NT EPA or the Minister any information required by the NT EPA or the Minister for the Minister to make that assessment.

Part 3Environment protection declarationsDivision 1Environmental objectives and referral triggersSubdivision 1Purpose of Division7Purpose of Division

This Division sets out processes for preparing the following:

(a)
the declaration of an environmental objective under section 28 of the Act;
(b)
the declaration of a referral trigger under section 30 of the Act;
(c)
a review of environmental objectives and referral triggers under section 32 of the Act;
(d)
the amendment of an environmental objective or referral trigger under section 33 of the Act;
(e)
the revocation of an environmental objective or referral trigger under section 33 of the Act.

Subdivision 2Process for declaring objective or trigger8Application of Subdivision

This Subdivision applies if the Minister proposes to declare:

(a)
an environmental objective; or
(b)
a referral trigger.

9Draft declaration to be prepared

The Minister must prepare a draft declaration of the environmental objective or referral trigger.

10Consultation with NT EPA

The Minister must consult with the NT EPA in relation to the draft declaration.

11Public consultation

(1)
The Minister must publish a notice of the draft declaration prepared under regulation 9.
(2)
The notice must:
- (a)
  state where the draft declaration, and a statement of reasons for the draft declaration, may be inspected and obtained; and
- (b)
  invite interested persons to make written comments to the Minister on the draft declaration within the period specified in the notice.
(3)
The comment period must be not less than 30 business days after the date of the notice.

12Decision on draft declaration

(1)
The Minister must consider:
- (a)
  the comments of the NT EPA on the draft declaration; and
- (b)
  any written comments received on the draft declaration within the comment period specified in the notice under regulation 11.
(2)
After considering the comments, the Minister may decide:
- (a)
  to declare the environmental objective or referral trigger; or
- (b)
  to amend the draft environmental objective or referral trigger and declare the amended objective or trigger; or
- (c)
  not to declare the environmental objective or referral trigger.
Subdivision 3Process for review of objectives and triggers

13Application of Subdivision

This Subdivision applies if the Minister proposes to review the environmental objectives and referral triggers.

14Consultation with NT EPA

The Minister must consult with the NT EPA in relation to the review of the environmental objectives and referral triggers.

15Public consultation

(1)
The Minister must publish a notice of the review of the environmental objectives and referral triggers.
(2)
The notice must invite interested persons to make written comments to the Minister on the review within the period specified in the notice.
(3)
The comment period must be not less than 30 business days after the date of the notice.

16Decision on review

(1)
The Minister must consider:
- (a)
  the comments of the NT EPA on the review; and
- (b)
  any written comments received on the review within the comment period specified in the notice under regulation 15.
(2)
After considering the comments, the Minister may decide:
- (a)
  that a new or amended environmental objective or referral trigger is required; or
- (b)
  that the existing environmental objectives and referral triggers are to remain unchanged.
(3)
The Minister must publish a decision and a statement of reasons for the decision under subregulation (2) as soon as practicable after the decision is made.
(4)
Subdivision 2 applies to the declaration of a new environmental objective or referral trigger after a review.
(5)
Subdivision 4 applies to the amendment of an environmental objective or referral trigger after a review.

Subdivision 4Process for amending objective or trigger17Application of Subdivision

(1)
This Subdivision applies if the Minister proposes to amend:
- (a)
  an environmental objective; or
- (b)
  a referral trigger.
(2)
This Subdivision does not apply to an amendment that is solely of an administrative nature.

18Draft amendment declaration to be prepared

The Minister must prepare a draft amendment declaration to amend the environmental objective or referral trigger.

19Consultation with NT EPA

The Minister must consult with the NT EPA in relation to the draft amendment declaration.

20Public consultation

(1)
The Minister must publish a notice of the draft amendment declaration prepared under regulation 18.
(2)
The notice must:
- (a)
  state where the draft amendment declaration, and a statement of reasons for the draft amendment declaration, may be inspected and obtained; and
- (b)
  invite interested persons to make written comments to the Minister on the draft amendment declaration within the period specified in the notice.
(3)
The comment period must be not less than 30 business days after the date of the notice.

21Decision on draft amendment declaration

(1)
The Minister must consider:
- (a)
  the comments of the NT EPA on the draft amendment declaration; and
- (b)
  any written comments received on the draft amendment declaration within the comment period specified in the notice under regulation 20.
(2)
After considering the comments, the Minister may decide:
- (a)
  to declare the amendment to the environmental objective or referral trigger; or
- (b)
  to amend the draft amendment declaration and declare the amendment to the environmental objective or referral trigger as so amended; or
- (c)
  not to declare the amendment to the environmental objective or referral trigger.
Subdivision 5Process for revoking objective or trigger

22Application of Subdivision

(1)
This Subdivision applies if the Minister proposes to revoke:
- (a)
  an environmental objective; or
- (b)
  a referral trigger.
(2)
This Subdivision does not apply to an amendment that substitutes an environmental objective or referral trigger.

23Draft revocation to be prepared

The Minister must prepare a draft revocation of the environmental objective or referral trigger.

24Consultation with NT EPA

The Minister must consult with the NT EPA in relation to the draft revocation.

25Public consultation

(1)
The Minister must publish a notice of the draft revocation prepared under regulation 23.
(2)
The notice must:
- (a)
  state where the draft revocation, and a statement of reasons for the draft revocation, may be inspected and obtained; and
- (b)
  invite interested persons to make written comments to the Minister on the draft revocation within the period specified in the notice.
(3)
The comment period must be not less than 30 business days after the date of the notice.

26Decision on draft revocation

(1)
The Minister must consider:
- (a)
  the comments of the NT EPA on the draft revocation; and
- (b)
  any written comments received on the draft revocation within the comment period specified in the notice under regulation 25.
(2)
After considering the comments, the Minister may decide:
- (a)
  to revoke the environmental objective or referral trigger; or
- (b)
  not to revoke the environmental objective or referral trigger and to declare an amendment to the objective or trigger instead; or
- (c)
  not to revoke the environmental objective or referral trigger.
Division 2Protected environmental areas and prohibited actions

Subdivision 1Purpose of Division27Purpose of Division

(1)
This Division sets out processes for preparing the following:
- (a)
  a permanent declaration of a protected environmental area under section 36 of the Act;
- (b)
  a declaration of a prohibited action or a class of prohibited actions under section 38 of the Act;
- (c)
  a revocation of a declaration under section 39 of the Act.
(2)
This Division does not apply to an amendment that is solely of an administrative nature.

Subdivision 2Process for declaring protected environmental area or prohibited action28Application of Subdivision

This Subdivision applies if the Minister proposes to declare:

(a)
an area of land to be a protected environmental area; or
(b)
a prohibited action or a class of prohibited actions.

29Draft declaration to be prepared

The Minister must prepare:

(a)
a draft permanent declaration of the protected environmental area; or
(b)
a draft declaration of the prohibited action or a class of prohibited actions.

30Consultation with NT EPA

The Minister must consult with the NT EPA in relation to the draft declaration.

31Public consultation

(1)
The Minister must publish a notice of the draft declaration prepared under regulation 29.
(2)
The notice must:
- (a)
  state where the draft declaration, and a statement of reasons for the draft declaration, may be inspected and obtained; and
- (b)
  invite interested persons to make written comments to the Minister on the draft declaration within the period specified in the notice.
(3)
The comment period must be not less than 30 business days after the date of the notice.

32Decision on draft declaration

(1)
The Minister must consider:
- (a)
  the comments of the NT EPA on the draft declaration; and
- (b)
  any written comments received on the draft declaration within the comment period specified in the notice under regulation 31.
(2)
After considering the comments, the Minister may decide:
- (a)
  to declare the protected environmental area or the prohibited action or class of prohibited actions; or
- (b)
  to amend the draft declaration and declare the protected environmental area or the prohibited action or class of prohibited actions in accordance with the amended draft declaration; or
- (c)
  not to declare the protected environmental area or the prohibited action or class of prohibited actions.
(3)
The Minister must make reasonable efforts to advise any owner or occupier of land in the protected environmental area of the making of the permanent declaration of the area.

Subdivision 3Process for revoking temporary declaration of area33Consultation with NT EPA

The Minister must consult with the NT EPA and consider the comments of the NT EPA before revoking a temporary declaration in whole or in part under section 39(1) of the Act.

Subdivision 4Process for revoking permanent declaration of area or declaration of action34Application of Subdivision

This Subdivision applies if the Minister proposes to revoke:

(a)
the permanent declaration of a protected environmental area; or
(b)
the declaration of a prohibited action or class of prohibited actions.

35Draft revocation declaration to be prepared

The Minister must prepare a draft revocation of:

(a)
the permanent declaration of a protected environmental area; or
(b)
the declaration of a prohibited action or class of prohibited actions.

36Consultation with NT EPA

The Minister must consult with the NT EPA in relation to the draft revocation.

37Public consultation

(1)
The Minister must publish a notice of the draft revocation prepared under regulation 35.
(2)
The notice must:
- (a)
  state where the draft revocation, and a statement of reasons for the draft revocation, may be inspected and obtained; and
- (b)
  invite interested persons to make written comments to the Minister on the draft revocation within the period specified in the notice.
(3)
The comment period must be not less than 30 business days after the date of the notice.

38Decision on draft revocation

(1)
The Minister must consider:
- (a)
  the comments of the NT EPA on the draft revocation; and
- (b)
  any written comments received on the draft revocation within the comment period specified in the notice under regulation 37.
(2)
After considering the comments, the Minister may decide:
- (a)
  to revoke:
  - (i)
    the permanent declaration of the protected environmental area; or
  - (ii)
    the declaration of the prohibited action or class of prohibited actions; or
- (b)
  not to revoke the declaration of the protected environmental area or prohibited action or class of prohibited actions and to declare an amendment to the declaration instead; or
- (c)
  not to revoke the declaration of the protected environmental area or prohibited action or class of prohibited actions.
Part 4Referrals of proposed actions and strategic proposals

Division 1Preliminary matters 39Purpose of Part

This Part sets out processes for considering and dealing with the following:

(a)
a referral of a proposed action for a standard assessment under section 48 or 50(2)(c) of the Act;
(b)
a referral of a strategic proposal for a strategic assessment under section 49 of the Act.

Division 2Initial consideration of referrals 40Additional information about referral

(1)
On receipt of a referral of a proposed action for a standard assessment under section 48 or 50(2)(c) of the Act or a strategic proposal for a strategic assessment under section 49 of the Act, the NT EPA may direct the proponent to give it additional information in relation to the referral, within a specified period.
(2)
The additional information must be:
- (a)
  a material omission from the referral; and
- (b)
  required to enable the NT EPA to properly consider the referral and whether it is required to be made.
(3)
A direction must be given within 10 business days after the NT EPA receives the referral.
(4)
If the NT EPA gives a direction under this regulation, the required period for the NT EPA to make a decision on the referral under regulation 44, 45 or 46 ceases to run until the information is given.

41Decision not to proceed with referral process

(1)
The NT EPA may decide not to proceed with a referral of a proposed action or strategic proposal if the NT EPA has directed the proponent to give it additional information under regulation 40 and the proponent has failed to give that information within the period specified in that direction.
(2)
The NT EPA must give written notice to the proponent of a decision under subregulation (1).

42Show cause process

(1)
The NT EPA must not make a decision under regulation 41 unless the NT EPA has first complied with this regulation.
(2)
The NT EPA must give written notice (a show cause notice) to the proponent:
- (a)
  stating the NT EPA’s intention not to proceed with the referral of the proposed action or strategic proposal; and
- (b)
  asking the proponent to show cause why the referral should proceed.
(3)
The show cause notice must specify the date by which the proponent may show cause.
(4)
The date specified in the show cause notice must be not less than 10 business days after the date of the notice.
(5)
The NT EPA must consider any response given by the proponent to the show cause notice in making a decision under regulation 41.

43Proponent initiated EIS referral

A proponent may include in a referral of a proposed action for a standard assessment under section 48 or 50(2)(c) of the Act or a strategic proposal for a strategic assessment under section 49 of the Act:

(a)
draft terms of reference for an assessment by environmental impact statement for the proposed action or strategic proposal; and
(b)
a statement of reasons why:
- (i)
  an assessment by environmental impact statement is required for the proposed action or strategic proposal; and
- (ii)
  the draft terms of reference are appropriate.
44Decision whether to accept referral for standard assessment

(1)
The NT EPA must accept or refuse to accept a referral of a proposed action for a standard assessment under section 48 or 50(2)(c) of the Act within 15 business days after the referral is made.
(2)
If the NT EPA does not make a decision under subregulation (1) within the required period, the referral is taken to be accepted.
(3)
This regulation does not apply if the NT EPA decides under regulation 41 not to proceed with the referral.

45Decision in relation to referral for strategic assessment

(1)
The NT EPA may accept a referral of a strategic proposal for a strategic assessment under section 49 of the Act if it considers it appropriate to do so.
(2)
The NT EPA must make a decision whether to accept or refuse to accept a referral of a strategic proposal for a strategic assessment under section 49 of the Act within 15 business days after the referral is made.
(3)
This regulation does not apply if the NT EPA decides under regulation 41 not to proceed with the referral.

46Decision on proponent initiated EIS referral

If a referral of a proposed action or strategic proposal includes the matters mentioned in regulation 43(a) and (b), the NT EPA may decide to accept the referral as a proponent initiated EIS referral.

47General grounds for refusal to accept referral

The NT EPA may refuse to accept a referral of a proposed action for a standard assessment under section 48 or 50(2)(c) of the Act or a strategic proposal for a strategic assessment under section 49 of the Act if the NT EPA considers that the referral:

(a)
contains insufficient information to make an assessment decision; or
(b)
has not been prepared or certified in accordance with the requirements determined under regulation 263; or
(c)
relates to part of a larger action proposed by the proponent and information on the whole action is required to make an assessment decision; or
(d)
was not required to be made.

48Ground for refusal to accept referral for strategic assessment

(1)
Without limiting regulation 47, the NT EPA may refuse to accept a referral of a strategic proposal for a strategic assessment if it considers that a standard assessment is more appropriate.
(2)
If the NT EPA refuses to accept a referral of a strategic proposal for a strategic assessment, it may accept the referral as a referral of a proposed action for a standard assessment.

49Ground for refusal to accept referral as proponent initiated EIS referral

(1)
Without limiting regulation 47 or 48, the NT EPA may refuse to accept a referral as a proponent initiated EIS referral if the NT EPA considers that an assessment by environmental impact statement is unlikely to be required for the proposed action or strategic proposal.
(2)
If the NT EPA refuses to accept a referral as a proponent initiated EIS referral, it may accept the referral as a referral for a standard assessment or strategic assessment.

50Notice to proponent of decision

(1)
The NT EPA must give notice of a decision under regulation 44, 45 or 46 to the proponent.
(2)
The notice of decision must contain the following information:
- (a)
  a statement that the referral has been accepted or refused;
- (b)
  the name of the proponent;
- (c)
  the name of the proposed action or strategic proposal to which the referral relates;
- (d)
  the nature of the proposed action or strategic proposal to which the referral relates.
(3)
If the NT EPA refuses to accept a referral, the NT EPA must give the proponent a statement of reasons for the decision.
(4)
The notice of decision and, if the decision is to refuse to accept the referral, the statement of reasons must be given to the proponent as soon as practicable after the decision is made.

51Publication of documents

(1)
The NT EPA must publish the following as soon as practicable after the decision is made:
- (a)
  the notice of decision;
- (b)
  if the decision is to refuse to accept the referral – the statement of reasons for the decision.
(2)
If the referral is accepted, the NT EPA must also publish the following as soon as practicable after the decision is made:
- (a)
  a copy of the accepted referral;
- (b)
  any direction given under regulation 40;
- (c)
  any additional information given in response to the direction given under regulation 40;
- (d)
  for an accepted proponent initiated EIS referral – the draft terms of reference and statement of reasons provided under regulation 43.
52Public consultation
(1)
If the referral is accepted, the NT EPA must publish a notice:
- (a)
  advising where the documents mentioned in regulation 51 may be inspected and obtained; and
- (b)
  inviting interested persons to make a submission to the NT EPA on the referral within the period specified in the notice.
(2)
The submission period is to be:
- (a)
  for a referral for a standard assessment that is not an accepted proponent initiated EIS referral – 20 business days after the date of the notice; or
- (b)
  for a referral for a standard assessment that is an accepted proponent initiated EIS referral – 30 business days after the date of the notice; or
- (c)
  for a referral for a strategic assessment that is not an accepted proponent initiated EIS referral – 30 business days after the date of the notice; or
- (d)
  for a referral for a strategic assessment that is an accepted proponent initiated EIS referral – 40 business days after the date of the notice.
53Consultation with government authorities
If the referral is accepted, the NT EPA must:
- (a)
  make reasonable efforts to obtain the views of any government authority that the NT EPA considers may have a view on the referral; and
- (b)
  invite the government authority to make a submission to the NT EPA about the referral within the submission period specified in the notice under regulation 52.
Division 3Consideration of accepted referral

54Application of Division

This Division applies if either of the following is accepted under Division 2:

(a)
a referral of a proposed action for a standard assessment under section 48 or 50(2)(c) of the Act;
(b)
a referral of a strategic proposal for a strategic assessment under section 49 of the Act.

55NT EPA to consider accepted referral

The NT EPA must consider whether the proposed action or strategic proposal specified in the accepted referral requires an environmental impact assessment.

56Matters NT EPA must consider

Before making a decision or recommendation under regulation 57 or 58, the NT EPA must consider the following:

(a)
the accepted referral;
(b)
any additional information given to the NT EPA under regulation 40;
(c)
any submissions made under regulation 52 or 53.

57Decision or recommendation on accepted referral except proponent initiated EIS referral

(1)
This regulation does not apply to a proponent initiated EIS referral.
(2)
The NT EPA may, in relation to an accepted referral:
- (a)
  decide that an environmental impact assessment is not required; or
- (b)
  decide:
  - (i)
    that a standard assessment is required; and
  - (ii)
    the required method of environmental impact assessment; or
- (c)
  in the case of a referred strategic proposal – recommend to the Minister:
  - (i)
    that a strategic assessment be carried out; and
  - (ii)
    the proposed method of environmental impact assessment; or
- (d)
  recommend to the Minister that the Minister refuse to grant environmental approval for the proposed action or strategic proposal.
(3)
A decision or recommendation under this regulation must be made within 30 business days after the end of the submission period specified in the notice under regulation 52.
(4)
The required period for the NT EPA to make a decision or recommendation under this regulation ceases to run during the period of any consultation required under regulation 60, 61 or 62.

58Decision or recommendation on proponent initiated EIS referral

(1)
The NT EPA may, in relation to a proponent initiated EIS referral:
- (a)
  decide that an environmental impact assessment is not required; or
- (b)
  decide:
  - (i)
    that a standard assessment is required; and
  - (ii)
    that the required method of environmental impact assessment is an assessment by environmental impact statement; or
- (c)
  decide:
  - (i)
    that a standard assessment other than an assessment by environmental impact statement is required; and
  - (ii)
    the required method of environmental impact assessment; or
- (d)
  in the case of a referred strategic proposal – recommend to the Minister:
  - (i)
    that a strategic assessment be carried out; and
  - (ii)
    the proposed method of environmental impact assessment; or
- (e)
  recommend to the Minister that the Minister refuse to grant environmental approval for the proposed action or strategic proposal.
(2)
A decision or recommendation under this regulation must be made within 35 business days after the end of the submission period specified in the notice under regulation 52.
(3)
The required period for the NT EPA to do any of the following in relation to a proponent initiated EIS referral ceases to run during the period of any consultation required under regulation 60, 61 or 62:
- (a)
  make a decision or recommendation under subregulation (1);
- (b)
  give a direction under regulation 119(2);
- (c)
  approve terms of reference for an assessment by environmental impact statement under regulation 104(3).
59Method of environmental impact assessment
In deciding or recommending a method of environmental impact assessment of a proposed action or strategic proposal under regulation 57 or 58, the NT EPA must have regard to the following criteria:
- (a)
  the significance of the potential impact of the proposed action or the strategic proposal;
- (b)
  the level of confidence in predicting potential significant impacts of the proposed action or strategic proposal taking into account the extent and currency of existing knowledge;
- (c)
  the level of confidence in the effectiveness of any proposed measures identified in the referral to avoid, mitigate or manage potential significant impacts of the proposed action or strategic proposal;
- (d)
  the extent of community engagement that has occurred in relation to the proposed action or strategic proposal;
- (e)
  the capacity of communities and individuals likely to be affected to access and understand information about the proposed action or strategic proposal and its potential significant impacts.
60Consultation on assessment by inquiry
Before deciding or recommending a method of environmental impact assessment that is, or includes, an assessment by inquiry, the NT EPA must:
- (a)
  consult with the Minister and consider the Minister’s views; and
- (b)
  consult with the proponent and consider any written submission received from the proponent within the period specified in writing by the NT EPA.
61Consultation on proposed recommendation for strategic assessment
Before making a recommendation under regulation 57(2)(c) or 58(1)(d), the NT EPA must consult with the Minister and consider the Minister’s views.

62Consultation on proposed recommendation to refuse environmental approval

(1)
Before making a recommendation under regulation 57(2)(d) or 58(1)(e), the NT EPA must:
- (a)
  consult with the proponent; and
- (b)
  consider any written submission received from the proponent within the period specified in writing by the NT EPA.
(2)
The NT EPA may only make a recommendation under regulation 57(2)(d) or 58(1)(e) if it considers that the action is unacceptable because it is likely to have significant impacts that cannot be appropriately avoided, mitigated or managed.

63Statement of reasons

(1)
The NT EPA must prepare a statement of reasons for a decision or recommendation under regulation 57 or 58.
(2)
The statement of reasons for a decision under regulation 57(2)(b) or 58(1)(b) or (c) must specify the reasons for the required method of environmental impact assessment.
(3)
The statement of reasons for a recommendation under regulation 57(2)(c) or 58(1)(d) must specify the reasons for the recommendation and the recommended method of environmental impact assessment.

64Notice to proponent of decision or recommendation

(1)
The NT EPA must give the proponent:
- (a)
  notice of a decision or recommendation under regulation 57 or 58; and
- (b)
  the statement of reasons for the decision or recommendation.
(2)
The notice and statement of reasons must be given as soon as practicable after the decision or recommendation is made.

65Notice of decision or recommendation to be published

The NT EPA must publish the following as soon as practicable after the decision or recommendation under regulation 57 or 58 is made:

(a)
the notice of decision or recommendation;
(b)
the statement of reasons for the decision or recommendation.

Division 4Minister's decision on recommendation 66Minister's decision on recommendation

(1)
If the NT EPA recommends to the Minister under regulation 57(2)(c) or 58(1)(d) that a strategic assessment be carried out, the Minister may:
- (a)
  accept the recommendation for the strategic assessment and the proposed method of environmental impact assessment; or
- (b)
  if the recommendation is for a strategic assessment that is, or includes, an assessment by inquiry – accept the recommendation for the strategic assessment and direct the NT EPA to decide a different method of assessment; or
- (c)
  refuse to accept the recommendation for the strategic assessment and direct the NT EPA to carry out a standard assessment of the proposed action.
(2)
If the NT EPA recommends to the Minister under regulation 57(2)(d) or 58(1)(e) that the Minister refuse to grant environmental approval for a proposed action or strategic proposal, the Minister may:
- (a)
  accept the recommendation and decide to refuse to grant environmental approval for the proposed action or strategic proposal; or
- (b)
  direct the NT EPA to carry out:
  - (i)
    a standard assessment of the proposed action; or
  - (ii)
    a strategic assessment of the strategic proposal.
  67Consultation on proposal to refuse to grant environmental approval
(1)
If the Minister proposes to refuse to grant an environmental approval for a proposed action or strategic proposal under regulation 66(2)(a), the Minister must:
- (a)
  make reasonable efforts to obtain the views of any statutory decision-maker who the Minister considers may have a view on the matter; and
- (b)
  consider any written comments received from the statutory decision-maker within the time specified in writing by the Minister.
(2)
The required period under regulation 69 for the Minister to make a decision under regulation 66(2) ceases to run during any period that the Minister carries out a consultation under subregulation (1).

68Show cause process

(1)
The Minister must not refuse to grant an environmental approval for a proposed action or strategic proposal under regulation 66(2)(a) unless the Minister has first complied with this regulation.
(2)
The Minister must give written notice (a show cause notice) to the proponent:
- (a)
  stating the Minister’s intention to refuse to grant the environmental approval; and
- (b)
  asking the proponent to show cause why the recommendation of the NT EPA under regulation 57(2)(d) or 58(1)(e) should not be accepted.
(3)
The show cause notice must specify the date by which the proponent may show cause.
(4)
The date specified in the show cause notice must be not less than 10 business days after the date of the notice.
(5)
The Minister must consider any response given by the proponent to the show cause notice in making a decision under regulation 66(2).
(6)
The required period under regulation 69 for the Minister to make a decision under regulation 66(2) ceases to run from the date of the show cause notice until the date by which the proponent may show cause.

69Time for making decision

(1)
The Minister must make a decision under regulation 66(1) within 20 business days after receiving the recommendation under regulation 57(2)(c) or 58(1)(d).
(2)
If the Minister does not make a decision under regulation 66(1) within the required period:
- (a)
  the Minister is taken to have made a decision accepting the NT EPA recommendation; and
- (b)
  the method of environmental impact assessment recommended by the NT EPA is taken to be the required method of environmental impact assessment.
(3)
The Minister must make a decision under regulation 66(2) within 30 business days after receiving the recommendation under regulation 57(2)(d) or 58(1)(e).
(4)
If the Minister does not make a decision under regulation 66(2) within the required period, the Minister is taken to have made a decision refusing to grant environmental approval for the proposed action or strategic proposal.

70Statement of reasons

(1)
The Minister must prepare a statement of reasons for a decision under regulation 66.
(2)
The statement of reasons may refer to or adopt the recommendation of the NT EPA under regulation 57(2)(c) or (d) or 58(1)(d) or (e).

71Notice of decision

(1)
The Minister must give notice of a decision under regulation 66 and the statement of reasons for the decision to:
- (a)
  the NT EPA; and
- (b)
  the proponent.
(2)
The notice and statement of reasons must be given as soon as practicable after the decision is made.
(3)
The Minister must publish the following as soon as practicable after a decision is made under regulation 66:
- (a)
  the notice of decision;
- (b)
  the statement of reasons for the decision.
(4)
If a decision is taken to be made under regulation 69(2) or (4), the NT EPA must, as soon as practicable after the decision is made:
- (a)
  publish a statement that the decision was made under regulation 69(2) or (4) (as the case requires); and
- (b)
  give the proponent a copy of that statement.
72Decision to direct different method of assessment
(1)
This regulation applies if the Minister directs the NT EPA under regulation 66(1)(b) to decide a different method of assessment for a strategic assessment.
(2)
The NT EPA must decide a different method of environmental impact assessment for the strategic assessment within 15 business days after being advised of the Minister’s direction.
(3)
Regulation 59 applies to the consideration of the method of environmental impact assessment under subregulation (2).

73Decision to direct standard or strategic assessment

(1)
This regulation applies if the Minister directs the NT EPA:
- (a)
  under regulation 66(1)(c) to carry out a standard assessment; or
- (b)
  under regulation 66(2)(b) to carry out a standard assessment or strategic assessment.
(2)
The NT EPA must carry out the assessment unless the proponent withdraws from the assessment process under regulation 94.
(3)
The NT EPA must decide the method of environmental impact assessment for the standard assessment or strategic assessment within 15 business days after being advised of the Minister’s direction.
(4)
Regulations 59 and 60 apply to the consideration of the method of environmental impact assessment under subregulation (3).
(5)
The required period for the NT EPA to make a decision under subregulation (3) ceases to run during the period of any consultation required under regulation 60.

74Effect of decision to refuse environmental approval

If the Minister makes a decision to refuse to grant an environmental approval for a proposed action or strategic proposal under regulation 66(2)(a), the proponent is not eligible to refer the same or substantially the same proposed action or strategic proposal to the NT EPA under Part 4, Division 3 of the Act for the period of 2 years after the decision is made.

75Notice of decision

(1)
The NT EPA must give notice of a decision under regulation 72 or 73 to the proponent as soon as practicable after the decision is made.
(2)
The NT EPA must publish the notice of decision under regulation 72 or 73 as soon as practicable after the decision is made.

Part 5Environmental impact assessmentDivision 1Purpose of Part 76Purpose of Part

This Part sets out the processes for an environmental impact assessment that is required under:

(a)
Part 4; or
(b)
subject to that Part – Part 7.

Division 2General provisions for environmental impact assessmentSubdivision 1Assessment process77NT EPA to have regard to environmental objectives

The NT EPA must have regard to the environmental objectives in carrying out an environmental impact assessment.

78Proponent to have regard to environmental objectives

A proponent must have regard to the environmental objectives when doing anything required of the proponent under an environmental impact assessment process.

79Matters that may be included in environmental impact assessment

The matters to be included in an environmental impact assessment may include all or any of the following:

(a)
an assessment that considers the potential impact of a proposed action or strategic proposal on the biological or physical environment (a biological or physical environment assessment);
(b)
an assessment that considers the potential impacts of a proposed action or strategic proposal on human health or wellbeing (a health impact assessment);
(c)
an assessment that considers the potential impact of a proposed action or strategic proposal on communities (including Aboriginal communities) or on individuals (a social impact assessment);
(d)
an assessment that considers the potential impact of a proposed action or strategic proposal on the natural and cultural values of an area, including Aboriginal cultural values and sacred sites and the Territory’s natural and built heritage (a cultural impact assessment);
(e)
an assessment that considers the potential economic costs and benefits of a proposed action or strategic proposal to the Territory or to a regional or local area of the Territory (an economic assessment);
(f)
an assessment that considers the potential cumulative impacts of a proposed action or strategic proposal and takes into account the combined impact of the action or proposal and other actions (a cumulative impact assessment):
- (i)
  for which environmental approval has been granted; or
- (ii)
  which are the subject of environmental impact assessment; or
- (iii)
  for which an approval (however described) has been given under another enactment; or
- (iv)
  for which an application for approval (however described) is being assessed under another enactment; or
- (v)
  that are occurring or proposed in or near the area of the proposed action or strategic proposal.
80Health impact assessment

(1)
The NT EPA must consult with the Chief Health Officer before requiring a health impact assessment.
(2)
A health impact assessment must be carried out in accordance with any guidelines specified for this subregulation by the Chief Health Officer.

81Social impact assessment

A social impact assessment must be carried out in accordance with any guidelines specified for this regulation by the Minister responsible for social policy.

82Cultural impact assessment

A cultural impact assessment must be carried out in accordance with any guidelines specified for this regulation by the relevant Minister responsible for preserving the values, sites or heritage that may be subject to that impact.

83Additional information during assessment process

(1)
The NT EPA may direct the proponent to give the NT EPA, within a specified period, any additional information that the NT EPA considers is reasonably necessary to undertake an environmental impact assessment to meet the objects of the Act.
(2)
A direction to give information may include a direction to the proponent to give the NT EPA draft terms of reference for an assessment by environmental impact statement.
(3)
A direction to give information may be made at any time during the environmental impact assessment process.
(4)
If the NT EPA gives a direction under this regulation, the required period for the NT EPA to make a decision or take any action in relation to the environmental impact assessment ceases to run until the later of the following occurs:
- (a)
  the information is given;
- (b)
  if applicable – the end of the submission period specified in the notice under regulation 85.
(5)
This regulation does not apply to an assessment by referral information.
(6)
This regulation does not limit the operation of regulation 124 or 143.

84Publication of

The NT EPA must publish the following as soon as practicable after they are given:

(a)
a direction under regulation 83;
(b)
the information and any draft terms of reference for the assessment given in response to the direction.

85Public consultation

(1)
The NT EPA may publish a notice of a direction under regulation 83, if the NT EPA considers it appropriate to invite submissions.
(2)
The NT EPA must publish a notice of a direction under regulation 83 if the NT EPA has directed the proponent to provide draft terms of reference for the assessment.
(3)
A notice under subregulation (1) or (2) must:
- (a)
  state where the direction and information and any draft terms of reference for the assessment given in response to the direction may be inspected and obtained; and
- (b)
  invite interested persons to make a submission to the NT EPA on the direction and information and, if applicable, the draft terms of reference for the assessment within the period specified in the notice.
(4)
The submission period must be not less than 15 business days after the date of the notice.
(5)
The notice must be published as soon as practicable after the proponent gives the information and any draft terms of reference for the assessment to the NT EPA under regulation 83(1).

86Power to obtain advice

(1)
The NT EPA may engage or request a person or body that the NT EPA considers is suitably qualified to give advice in relation to any material, information or documents given to the NT EPA during an environmental impact assessment process.
(2)
The NT EPA must consult with the proponent before engaging a person or body under subregulation (1) if the NT EPA proposes that the proponent is to be required to pay the costs of that engagement.
Note for regulation 86(2)
Regulation 280(1) empowers the CEO to recover these costs from the proponent.

87Direction to proponent to obtain independent review

(1)
The NT EPA may direct the proponent to include in the material, information or documents given to the NT EPA as part of an environmental impact assessment process an independent review by a person in a specified class of qualified reviewer of:
- (a)
  one or more elements of the proposed action or strategic proposal; and
- (b)
  the management response proposed by the proponent to manage those elements.
(2)
In this regulation:
qualified reviewer means:
- (a)
  a qualified person; or
- (b)
  a person, or a class of persons, who have the qualifications and experience determined by the NT EPA for the purpose of this definition.
Subdivision 2Suspension and termination of assessment process

88Suspension of assessment process on referral to Commonwealth

(1)
The NT EPA may suspend the environmental impact assessment of a proposed action or strategic proposal if:
- (a)
  the NT EPA reasonably considers that the proposed action or strategic proposal may have an impact on a matter of national environmental significance; and
- (b)
  the proponent is required, or is likely to be required, to refer the proposed action or strategic proposal to the relevant Commonwealth Minister under the Commonwealth Act; and
- (c)
  the proposal:
  - (i)
    has not been so referred; or
  - (ii)
    has been referred and the Commonwealth Minister has not made a decision on the referral, the assessment process under the Commonwealth Actor the matters to be included in the assessment.
(2)
The NT EPA must recommence the environmental impact assessment process within 10 business days after the NT EPA is notified of the last of the following:
- (a)
  the Commonwealth Minister’s decision on the referral;
- (b)
  if applicable – the assessment process under the Commonwealth Act;
- (c)
  the matters to be included in the assessment process.
89Suspension of assessment process at request of proponent
(1)
The NT EPA may suspend the environmental impact assessment process for a proposed action or strategic proposal at any time at the request of the proponent.
(2)
If the NT EPA suspends an environmental impact assessment process at the request of a proponent, the NT EPA must recommence the assessment process within 10 business days after receiving a request from the proponent to do so.

90Suspension of assessment process

(1)
This regulation applies if the NT EPA engages or requests a person or body under regulation 86 to give advice.
(2)
The NT EPA may suspend the environmental impact assessment process until the advice is given.
(3)
If the NT EPA suspends an environmental impact assessment process under subregulation (2), the NT EPA must recommence the assessment process within 10 business days after receiving the advice.

91Effect of suspension on required period to make decision

If the NT EPA suspends an environmental impact assessment process under regulation 88, 89 or 90, the required period to complete the assessment process ceases to run during the period of suspension.

92Termination of assessment process

(1)
The NT EPA may, by written notice to the proponent, terminate the environmental impact assessment process in relation to a proposed action or strategic proposal if:
- (a)
  the NT EPA has directed the proponent to give it additional information during the assessment process and the proponent has failed to give that information within the period specified in the direction; or
- (b)
  the proponent has failed to prepare a supplementary environmental report as required under Division 5; or
- (c)
  the proponent has failed to submit a draft environmental impact statement within the period specified in the terms of reference; or
- (d)
  the proponent has failed to prepare a supplement to an environmental impact statement as required under Division 6; or
- (e)
  the proponent has proposed variations to the proposed action or strategic proposal to an extent that the proposed action or strategic proposal as varied is no longer the same as that for which the original decision or recommendation in relation to the method of environmental impact assessment was made; or
- (f)
  the proponent has requested the NT EPA to suspend the assessment process for the proposed action or strategic proposal and a period of 2 years has passed since that suspension and the assessment process has not recommenced.
(2)
The NT EPA must not issue a notice on a ground in subregulation (1)(a), (b), (c) or (d) in relation to an assessment by supplementary environmental report or by environmental impact statement unless a period of at least 12 months has passed since the last of the following that is applicable occurs in relation to the assessment:
- (a)
  the end of the period specified in the direction to give the information;
- (b)
  the end of the specified period for submitting the supplementary environmental report;
- (c)
  the end of the specified period for submitting the draft environmental impact statement;
- (d)
  the giving to the proponent of the direction to include information in the supplement.
(3)
The NT EPA may terminate the environmental impact assessment process for a proposed action or strategic proposal under this regulation even if the assessment process is suspended under regulation 88 or 89.
(4)
This regulation does not apply to the termination of an assessment process under regulation 178 or 181.

93Show cause process

(1)
The NT EPA must not terminate an environmental impact assessment process under regulation 92 unless the NT EPA has first complied with this regulation.
(2)
The NT EPA must give written notice (a show cause notice) to the proponent:
- (a)
  stating the NT EPA’s intention to terminate the environmental impact assessment process; and
- (b)
  asking the proponent to show cause why the environmental impact assessment process should not be terminated.
(3)
The show cause notice must specify the date by which the proponent may show cause.
(4)
The date specified in the show cause notice must be not less than 10 business days after the date of the notice.
(5)
The NT EPA must consider any response given by the proponent to the show cause notice in making a decision under regulation 92.

94Withdrawal from assessment process

The proponent may, by written notice to the NT EPA, withdraw from an environmental impact assessment process.

Subdivision 3Reconsideration of method of environmental impact assessment95NT EPA may reconsider method of environmental impact assessment

(1)
The NT EPA may reconsider the method of environmental impact assessment during the environmental impact assessment process for a proposed action or strategic proposal if:
- (a)
  any of the following circumstances apply:
  - (i)
    substantial new information about the impacts of the proposed action or strategic proposal has become available and the NT EPA would have made a different decision or recommendation if that information had been available when the original decision or recommendation in relation to the method of environmental impact assessment was made;
  - (ii)
    there has been a substantial change in circumstances not foreseen when the original decision or recommendation in relation to the method of environmental impact assessment was made;
  - (iii)
    the proposed action or strategic proposal was to have had an environmental impact assessment under a cooperative agreement under section 45 of the Act, but the cooperative agreement was cancelled before the assessment was carried out or completed;
  - (iv)
    the proponent has proposed variations to the proposed action or strategic proposal to an extent that the proposed action or strategic proposal as varied is no longer the same as that for which the original decision or recommendation in relation to the method of environmental impact assessment was made; and
- (b)
  the NT EPA considers that it is necessary to reconsider the method of environmental impact assessment:
  - (i)
    to meet the objects of the Act; and
  - (ii)
    to achieve the purpose of the environmental impact assessment process set out in section 42 of the Act.
(2)
The NT EPA must not reconsider the method of environmental impact assessment under this regulation after:
- (a)
  the assessment report on the proposed action or strategic proposal has been completed; or
- (b)
  the environmental approval for the proposed action or strategic proposal has been granted; or
- (c)
  if the NT EPA has determined that an environmental impact assessment is not required for the proposed action or strategic proposal – another statutory authorisation of the action or proposal has been granted.
(3)
This regulation does not apply to a reconsideration of a method of environmental impact assessment in relation to a significant variation to which Part 7 applies.

96Show cause process

(1)
The NT EPA must not decide a new method of environmental impact assessment under regulation 97 unless the NT EPA has first complied with this regulation.
(2)
The NT EPA must give written notice (a show cause notice) to the proponent:
- (a)
  stating the NT EPA’s intention to decide a new method of environmental impact assessment; and
- (b)
  stating the NT EPA’s reasons for that intention; and
- (c)
  asking the proponent to show cause why the method of environmental impact assessment should not be changed.
(3)
The show cause notice must specify the date by which the proponent may show cause.
(4)
The date specified in the show cause notice must be not less than 10 business days after the date of the notice.
(5)
The NT EPA must consider any response given by the proponent to the show cause notice in making a decision under regulation 97.

97Decision on method of assessment

(1)
If the NT EPA reconsiders the method of environmental impact assessment under regulation 95(1), the NT EPA must either:
- (a)
  decide the new method of environmental impact assessment and direct the proponent to carry out the environmental impact assessment in accordance with that new assessment method; or
- (b)
  decide to continue the assessment with the existing assessment method.
(2)
Regulations 59 and 60 apply to the consideration of the method of environmental impact assessment under subregulation (1).
(3)
The NT EPA must make a decision under subregulation (2) within 15 business days after the earlier of the following occurs:
- (a)
  the receipt of the response of the proponent to the show cause notice under regulation 96;
- (b)
  the date specified under regulation 96 for the proponent to show cause.
(4)
The required period for the NT EPA to make any decision or take any action in relation to the existing environmental impact assessment process ceases to run from the time the show cause notice is given under regulation 96 until a decision is made under subregulation (1).

Division 3Terms of referenceSubdivision 1Approval of terms of reference98Terms of reference

(1)
The NT EPA must prepare terms of reference for an environmental impact assessment that:
- (a)
  is an assessment by environmental impact statement; or
- (b)
  is, or includes, an assessment by inquiry.
(2)
Terms of reference may include any terms the NT EPA considers appropriate.
(3)
Subregulation (1) and regulations 100 to 103 do not apply if draft terms of reference for the assessment were published:
- (a)
  with an accepted proponent initiated EIS referral under regulation 51; or
- (b)
  under regulation 84.
(4)
Subregulation (3) does not affect the requirement in regulation 104(6) to prepare terms of reference.

99Assessment period

(1)
In preparing terms of reference for an assessment by environmental impact statement, the NT EPA must specify the assessment period within which the draft environmental impact statement is to be submitted to the NT EPA.
(2)
In preparing terms of reference for an assessment by inquiry, the NT EPA must specify the assessment period within which:
- (a)
  the NT EPA must complete the report of the inquiry; or
- (b)
  an inquiry panel must complete the report of the inquiry and give it to the NT EPA.
(3)
In determining the assessment period, the NT EPA must consider the following:
- (a)
  the level of certainty provided by the descriptions in the referral and any information provided under Part 4 or 7 or Division 2 of this Part of:
  - (i)
    the proposed action or strategic proposal; and
  - (ii)
    any proposed measures to avoid, mitigate or manage potential significant impacts of the proposed action or strategic proposal;
- (b)
  the extent and currency of existing knowledge about the potential significant impacts of the proposed action or strategic proposal;
- (c)
  the nature and extent of requirements for additional information to inform the assessment of the proposed action or strategic proposal;
- (d)
  the likelihood of significant change to the environment during the assessment period, including any potential cumulative impacts associated with other actions that are occurring or proposed in or near the area of the proposed action or strategic proposal;
- (e)
  any other matter the NT EPA considers relevant.
100Consultation with proponent
(1)
Before publishing the draft terms of reference under regulation 101, the NT EPA:
- (a)
  may consult with the proponent; and
- (b)
  if the proponent is consulted – must consider any written submission received from the proponent within the period specified by the NT EPA.
(2)
The required period for the NT EPA to publish the draft terms of reference ceases to run during any period that the NT EPA carries out a consultation under subregulation (1).

101NT EPA to publish draft terms of reference

The NT EPA must publish draft terms of reference prepared under regulation 98 within 40 business days after the decision about the method of environmental impact assessment is made under regulation 57, 72 or 73.

102Public consultation

(1)
The NT EPA must publish a notice of the draft terms of reference prepared under regulation 98.
(2)
The notice must:
- (a)
  state where the draft terms of reference may be inspected and obtained; and
- (b)
  invite interested persons to make a submission to the NT EPA on the draft terms of reference within the period specified in the notice.
(3)
The submission period must be 15 business days after the notice is published under subregulation (1).

103Consultation with government authorities

The NT EPA must:

(a)
make reasonable efforts to obtain the views of any government authority that the NT EPA considers may have a view on the draft terms of reference prepared under regulation 98; and
(b)
invite the government authority to make a submission on the draft terms of reference within the submission period specified in the notice under regulation 102.

104Decision on terms of reference

(1)
After considering any submissions received under regulations 102 and 103, the NT EPA may:
- (a)
  approve the draft terms of reference; or
- (b)
  approve the draft terms of reference with any changes the NT EPA considers appropriate; or
- (c)
  refuse to approve the draft terms of reference.
(2)
Subregulation (3) applies if a decision is made under regulation 58(1)(b), 72 or 73 to require an assessment by environmental impact statement for a proposed action or strategic proposal to which a proponent initiated EIS referral applies.
(3)
After considering any submissions received under Part 4 in relation to draft terms of reference published under regulation 51, the NT EPA may:
- (a)
  approve the draft terms of reference; or
- (b)
  approve the draft terms of reference with any changes the NT EPA considers appropriate; or
- (c)
  refuse to approve draft the terms of reference.
(4)
After considering any submissions received under regulation 85 in relation to draft terms of reference published under regulation 84, the NT EPA may:
- (a)
  approve the draft terms of reference; or
- (b)
  approve the draft terms of reference with any changes the NT EPA considers appropriate; or
- (c)
  refuse to approve the draft terms of reference.
(5)
The NT EPA must make the decision on the draft terms of reference within:
- (a)
  for a decision under subregulation (1) – 15 business days after the end of the submission period specified in the notice under regulation 102; or
- (b)
  for a decision under subregulation (3):
  - (i)
    if a decision is made under regulation 58(1)(b) – 35 business days after the end of the submission period specified in the notice under regulation 52; or
  - (ii)
    25 business days after the decision is made under regulation 72 or 73; or

- (c)
  for a decision under subregulation (4) – 25 business days after the end of the submission period specified in the notice under regulation 85.
(6)
If the NT EPA refuses to approve the draft terms of reference for an assessment, the NT EPA must prepare terms of reference for the assessment under regulation 98(1).

105Notice to proponent of decision

(1)
The NT EPA must give notice of a decision under regulation 104(1), (3) or (4) to the proponent.
(2)
If the NT EPA approves the draft terms of reference (with or without changes), the NT EPA must give the proponent a copy of the approved terms of reference.
(3)
If the NT EPA refuses to approve the draft terms of reference, the NT EPA must give the proponent a statement of reasons for the decision.
(4)
The notice of decision and either the approved terms of reference or, if the decision is to refuse to approve the terms of reference, the statement of reasons must be given to the proponent as soon as practicable after the decision is made.

106Notice of decision to be published

The NT EPA must publish the following as soon as practicable after a decision is made under regulation 104(1), (3) or (4):

(a)
the notice of decision;
(b)
if the draft terms of reference are approved, with or without changes – the approved terms of reference;
(c)
if the NT EPA refuses to approve the draft terms of reference – the statement of reasons for the decision.

Subdivision 2Amendment of approved terms of reference107Amendment of approved terms of reference

(1)
The NT EPA may amend the approved terms of reference for an environmental impact assessment process during the assessment process if:
- (a)
  either of the following circumstances apply:
  - (i)
    the NT EPA becomes aware of information that was not available at the time of approval of the terms of reference and the NT EPA would have specified different terms of reference if the information had been available;
  - (ii)
    new information becomes available that indicates a new threat or change in circumstance relating to the environment and the NT EPA reasonably considers that an amendment to the terms of reference is required; and
- (b)
  the NT EPA considers that the amendment is necessary:
  - (i)
    to meet the objects of the Act; and
  - (ii)
    to achieve the purpose of the environmental impact assessment process set out in section 42 of the Act.
(2)
If the NT EPA proposes to amend approved terms of reference, the NT EPA must advise the proponent as soon as practicable of the proposal and the reasons for the amendment.
(3)
This Subdivision does not apply to an amendment that is solely of an administrative nature.

108Preparation of draft amending terms of reference

(1)
If the NT EPA proposes to amend approved terms of reference, the NT EPA must prepare draft amending terms of reference.
(2)
The terms of reference may be amended by preparing:
- (a)
  amended terms of reference; or
- (b)
  new terms of reference; or
- (c)
  an addendum to the terms of reference.
109Consultation with proponent
(1)
Before publishing the draft amending terms of reference under regulation 110, the NT EPA:
- (a)
  may consult with the proponent; and
- (b)
  if the proponent is consulted – must consider any written submission received from the proponent within the period specified by the NT EPA.
(2)
The required period for the NT EPA to publish the draft amending terms of reference under regulation 110 ceases to run during any period that the NT EPA carries out a consultation under subregulation (1).

110Publication of draft amending terms of reference

The NT EPA must publish the draft amending terms of reference within 20 business days after the NT EPA decides that the terms of reference need to be amended.

111Public consultation

(1)
The NT EPA must publish a notice of the draft amending terms of reference prepared under regulation 108.
(2)
The notice must:
- (a)
  state where the draft amending terms of reference may be inspected and obtained; and
- (b)
  invite interested persons to make a submission to the NT EPA on the draft amending terms of reference within the period specified in the notice.
(3)
The submission period must be 15 business days after the notice is published under subregulation (1).

112Consultation with government authorities

The NT EPA must:

(a)
give a copy of the draft amending terms of reference prepared under regulation 108 to any government authority that the NT EPA considers may have a view on the matter; and
(b)
invite the government authority to make a submission on the draft amending terms of reference within the submission period specified in the notice under regulation 111.

113Decision on draft amending terms of reference

(1)
After considering any submissions received under regulations 111 and 112 and making any changes to the draft amending terms of reference the NT EPA considers appropriate, the NT EPA must approve the draft amending terms of reference.
(2)
The NT EPA must approve the draft amending terms of reference under subregulation (1) within 15 business days after the end of the submission period specified in the notice under regulation 111.
(3)
The terms of reference have effect as amended:
- (a)
  on the date that the approved amending terms of reference are published under regulation 115; or
- (b)
  on a later date specified in the approved amending terms of reference.
114Approved amending terms of reference to be given to proponent
The NT EPA must give the proponent a copy of the approved amending terms of reference as soon as practicable after they are approved.

115Publication of approved amending terms of reference

The NT EPA must publish the approved amending terms of reference as soon as practicable after they are approved.

116Existing assessment process may continue during amendment process

If the NT EPA proposes to amend approved terms of reference under this Subdivision:

(a)
the proponent may continue to prepare a draft environmental impact statement for the proposed action or strategic proposal on the basis of the existing terms of reference until they are amended under this Subdivision; and
(b)
an assessment that is, or includes, an assessment by inquiry may continue in relation to the proposed action or strategic proposal on the basis of the existing terms of reference until they are amended under this Subdivision.

Division 4Assessment by referral information 117Assessment by referral information

An assessment by referral information required under Part 4 or 7 assesses a proposed action or strategic proposal on the basis of:

(a)
the information given with the referral; and
(b)
any additional information, submissions or advice given to the NT EPA under:
- (i)
  Part 4 or 7; or
- (ii)
  Division 2 of this Part (except regulation 83).
Division 5Assessment by supplementary environmental report

118Assessment by supplementary environmental report

An assessment by supplementary environmental report required under Part 4 or 7 assesses a proposed action or strategic proposal on the basis of:

(a)
the information given with the referral; and
(b)
any additional information, submissions or advice given to the NT EPA under:
- (i)
  Part 4 or 7; or
- (ii)
  Division 2 of this Part; and
(c)
a supplementary environmental report prepared under this Division.

119Preparation of supplementary environmental report

(1)
The proponent must prepare a supplementary environmental report to address the submissions received in relation to the referral information and submit it to the NT EPA.
(2)
The NT EPA may direct the proponent to include additional information in the supplementary environmental report:
- (a)
  to address the submissions; and
- (b)
  to ensure that the NT EPA has sufficient information to complete the environmental impact assessment process.
(3)
A direction under subregulation (2) must be given within 25 business days after the assessment decision is made under regulation 57, 58, 72 or 73.

120Submission period for supplementary environmental report

(1)
A direction under regulation 119(2) may specify the period within which the supplementary environmental report is to be submitted to the NT EPA.
(2)
In determining the submission period, the NT EPA must consider the following:
- (a)
  the level of certainty provided by the descriptions in the referral and any information provided under Part 4 or 7 or Division 2 of this Part of:
  - (i)
    the proposed action or strategic proposal; and
  - (ii)
    any proposed measures to avoid, mitigate or manage potential significant impacts of the proposed action or strategic proposal;
- (b)
  the extent and currency of existing knowledge about the potential significant impacts of the proposed action or strategic proposal;
- (c)
  the nature and extent of requirements for additional information to inform the assessment of the proposed action or strategic proposal;
- (d)
  the likelihood of significant change to the environment during the assessment period, including any potential cumulative impacts associated with other actions that are occurring or proposed in or near the area of the proposed action or strategic proposal;
- (e)
  any other matter the NT EPA considers relevant.
121Proponent to publish supplementary environmental report
(1)
The proponent must publish the supplementary environmental report prepared under regulation 119 in the manner determined by the NT EPA.
(2)
The NT EPA may give directions to the proponent about the form and manner in which the supplementary environmental report is to be published.

122Public consultation

(1)
The NT EPA must publish a notice of the supplementary environmental report prepared under regulation 119.
(2)
The notice must:
- (a)
  state where the supplementary environmental report may be inspected and obtained; and
- (b)
  invite interested persons to make a submission to the NT EPA on the supplementary environmental report within the period specified in the notice.
(3)
The submission period must be 25 business days after the notice is published under subregulation (1).

123Consultation with government authorities

(1)
The proponent must give a copy of the supplementary environmental report prepared under regulation 119 to any government authority that the NT EPA specifies.
(2)
The NT EPA must:
- (a)
  make reasonable efforts to obtain the views of any government authority to which the supplementary environmental report is given under subregulation (1); and
- (b)
  invite the government authority to make a submission to the NT EPA on the supplementary environmental report within the submission period specified in the notice under regulation 122.
124Additional information
(1)
The NT EPA may direct the proponent to give the NT EPA, within a specified period, any additional information the NT EPA considers necessary to facilitate consideration of the supplementary environmental report.
(2)
The direction must be given not later than 20 business days after the end of the submission period specified in the notice under regulation 122.
(3)
If the NT EPA gives a direction under this regulation, the required period for the NT EPA to give an assessment report to the Minister under regulation 161(1) for the assessment under this Division ceases to run until the later of the following occurs:
- (a)
  the information is given;
- (b)
  if applicable – the end of the submission period specified under regulation 126(1).
125Publication of direction and information
The NT EPA must publish a direction under regulation 124 and the information given in response to the direction as soon as practicable after being given the information.

126NT EPA may invite submissions

(1)
The NT EPA may invite interested persons or specified persons or government authorities to make submissions within the period specified by the NT EPA about:
- (a)
  the information given in response to a direction under regulation 124; or
- (b)
  a specified aspect of the information given in response to a direction under regulation 124.
(2)
The submission period must not exceed 15 business days.
(3)
If the NT EPA invites submissions under subregulation (1), the required period for the NT EPA to prepare an assessment report under regulation 161(1) for the assessment under this Division ceases to run until the end of the submission period.

127NT EPA

(1)
This regulation applies if the NT EPA receives submissions under regulation 126.
(2)
The NT EPA may invite the proponent to provide a response addressing the submissions within the period specified by the NT EPA.
(3)
If the NT EPA invites the proponent to provide a response to the submissions, the required period for the NT EPA to prepare an assessment report under regulation 161(1) for the assessment under this Division ceases to run until the NT EPA receives the proponent’s response.

Division 6Assessment by environmental impact statement processSubdivision 1Preliminary matters128Application of Division

This Division applies if an assessment by environmental impact statement is required under Part 4 or 7.

129Terms of reference

(1)
The terms of reference for an assessment by environmental impact statement are the terms of reference approved under Division 3 or Part 7 for that assessment or those terms of reference as amended under these Regulations.
(2)
The NT EPA must apply the terms of reference in carrying out the assessment by environmental impact statement.
(3)
The proponent must comply with the terms of reference in preparing the environmental impact statement and doing anything required of the proponent under the assessment by environmental impact statement process.

Subdivision 2Draft environmental impact statement130Preparation of draft environmental impact statement

The proponent must prepare a draft environmental impact statement and must submit the statement to the NT EPA within the assessment period for the statement specified by the NT EPA under regulation 99(1).

131Submission of draft environmental impact statement to NT EPA

(1)
The proponent must submit a draft environmental impact statement to the NT EPA in the form required by the terms of reference for the assessment.
(2)
The proponent must comply with any requirements of the NT EPA in relation to the draft environmental impact statement.

132Proponent to publish draft environmental impact statement

(1)
The proponent must publish the draft environmental impact statement in accordance with any directions given by the NT EPA.
(2)
The NT EPA may give directions to the proponent about the manner in which the draft environmental impact statement is to be published.

133Public consultation

(1)
The NT EPA must publish a notice of the draft environmental impact statement prepared under regulation 130 as soon as practicable after it is submitted to the NT EPA.
(2)
The notice must:
- (a)
  state where the draft environmental impact statement may be inspected and obtained; and
- (b)
  invite interested persons to make a submission on the draft environmental impact statement to the NT EPA within the period specified in the notice.
(3)
The submission period must be not less than 30 business days and not more than 60 business days after the date of the notice.

134Consultation with government authorities

(1)
The proponent must give a copy of the draft environmental impact statement to any government authority that the NT EPA specifies.
(2)
The NT EPA must:
- (a)
  make reasonable efforts to obtain the views of any government authority to which the draft environmental impact statement has been given under subregulation (1); and
- (b)
  invite the government authority to make a submission to the NT EPA on the draft environmental impact statement within the submission period specified in the notice under regulation 133.
Subdivision 3Preparation of supplement

135Preparation of supplement to draft environmental impact statement

The proponent must:

(a)
consider any submissions received on the draft environmental impact statement; and
(b)
prepare a supplement to the draft environmental impact statement to address any issues raised in the submissions.

136Additional information to be included in supplement

(1)
The NT EPA may direct the proponent to include additional information in the supplement to the draft environmental impact statement:
- (a)
  to address the submissions; and
- (b)
  to ensure that the NT EPA has sufficient information to complete the environmental impact assessment process.
(2)
A direction under subregulation (1) must be given within 25 business days after the end of the submission period specified in the notice under regulation 133.

137Submission period for supplement

(1)
A direction under regulation 136(1) may specify the period within which the supplement to the draft environmental impact statement is to be submitted to the NT EPA.
(2)
In determining the submission period, the NT EPA must consider the following:
- (a)
  the nature of the matters raised in the submissions received on the draft environmental impact statement;
- (b)
  the extent and currency of existing knowledge about the potential significant impacts on the environment associated with the proposed action or strategic proposal;
- (c)
  the nature and extent of the need for additional information to inform the assessment of the proposed action or strategic proposal;
- (d)
  the likelihood of significant change to the environment during the assessment period, including any potential cumulative impacts associated with other actions that are occurring or proposed in or near the area of the proposed action or strategic proposal;
- (e)
  any other matter the NT EPA considers relevant.
138Proponent to publish supplement
(1)
The proponent must publish a supplement to a draft environmental impact statement prepared under regulation 135 in accordance with any directions of the NT EPA.
(2)
The NT EPA may give directions to the proponent about the form and manner in which the supplement to the statement is to be published.

139Public consultation

(1)
The NT EPA must publish a notice of a supplement to a draft environmental impact statement prepared under regulation 135 as soon as practicable after it is submitted to the NT EPA.
(2)
The notice must:
- (a)
  state where the supplement to the draft environmental impact statement may be inspected and obtained; and
- (b)
  invite interested persons to make a submission to the NT EPA on the supplement to the draft environmental impact statement within the period specified in the notice.
(3)
The submission period must be 15 business days after the notice is published under subregulation (1).

140Consultation

(1)
The proponent must give a copy of the supplement to the draft environmental impact statement to any government authority that the NT EPA specifies.
(2)
The NT EPA must:
- (a)
  make reasonable efforts to obtain the views of any government authority to which the supplement to the draft environmental impact statement is given under subregulation (1); and
- (b)
  invite the government authority to make a submission to the NT EPA on the supplement to the draft environmental impact statement within the submission period specified in the notice under regulation 139.
141Waiver of requirement for supplement
(1)
The NT EPA may waive a requirement for a supplement to a draft environmental impact statement on its own initiative or at the request of the proponent.
(2)
A request from a proponent for a waiver must set out the reasons why a supplement to the statement is not required.
(3)
On a request from a proponent for a waiver, the NT EPA may:
- (a)
  waive the requirement for a supplement; or
- (b)
  refuse to waive the requirement for a supplement.
(4)
The NT EPA must make a decision under subregulation (3) within 10 business days after receiving the request for a waiver from the proponent.
(5)
The NT EPA must give notice to the proponent of a decision to waive or refuse to waive the requirement for a supplement and a statement of reasons for the decision.
(6)
If the NT EPA decides to waive the requirement for a supplement, the NT EPA must publish the decision and a statement of reasons for the decision.
(7)
The NT EPA must not waive the requirement for a supplement if the action is being assessed under a Bilateral Agreement with the Commonwealth in accordance with section 45 of the Commonwealth Act.

142Status of supplement

A supplement to a draft environmental impact statement forms part of that statement.

143Additional information

(1)
If the proponent provides a supplement to a draft environmental impact statement to the NT EPA, the NT EPA may direct the proponent to give the NT EPA, within a specified period, any additional information the NT EPA considers necessary to facilitate consideration of the environmental impact statement.
(2)
The direction must be given not later than 20 business days after the end of the submission period specified in the notice under regulation 139.
(3)
If the NT EPA gives a direction under this regulation, the required period for the NT EPA to prepare an assessment report under regulation 161(1) for the assessment under this Division ceases to run until the information is given to the NT EPA.

144Publication of direction and information

The NT EPA must publish a direction under regulation 143 and the information given in response to the direction as soon as practicable after being given the information.

145NT EPA may invite submissions

(1)
The NT EPA may invite interested persons or specified persons or government authorities to make submissions within a period specified by the NT EPA about:
- (a)
  the information given in response to the direction under regulation 143; or
- (b)
  a specified aspect of the information given in response to the direction under regulation 143.
(2)
The submission period must not exceed 15 business days.
(3)
If the NT EPA invites submissions under this regulation, the required period for the NT EPA to prepare an assessment report under regulation 161(1) for the assessment under this Division ceases to run until the end of the submission period.

146NT EPA may invite proponent to address submissions

(1)
This regulation applies if the NT EPA receives submissions under regulation 145.
(2)
The NT EPA may invite the proponent to provide a response addressing the submissions within the period specified by the NT EPA.
(3)
The period specified by the NT EPA under subregulation (2) must not exceed 15 business days.
(4)
If the NT EPA invites the proponent to provide a response to the submissions, the required period for the NT EPA to prepare an assessment report under regulation 161(1) for the assessment under this Division ceases to run until the NT EPA receives the proponent’s response.

Division 7Assessment by inquiry 147Application of Division

This Division applies if a method of assessment that is, or includes, an assessment by inquiry is required under Part 4 or 7.

148NT EPA to conduct inquiry

(1)
The NT EPA is to conduct the inquiry.
(2)
Subject to regulation 151, the NT EPA must determine and publish the procedure for the inquiry.

149Terms of reference

(1)
The terms of reference for an assessment by inquiry are the terms of reference approved under Division 3 or Part 7 for that assessment or those terms of reference as amended under these Regulations.
(2)
The NT EPA and any inquiry panel must apply the terms of reference in conducting an inquiry.

150Appointment of inquiry panel

(1)
The NT EPA may appoint a panel of one or more persons to assist the inquiry.
(2)
The NT EPA must ensure that any person appointed to an inquiry panel has the appropriate qualifications or experience to assist the inquiry.

151Procedure of inquiry panel

(1)
Subject to this Division, in assisting an inquiry, an inquiry panel:
- (a)
  must determine the procedure to be followed by the panel; and
- (b)
  is not subject to direction in its decisions by the NT EPA or the Minister; and
- (c)
  is not bound by the rules of evidence.
(2)
The inquiry panel must publish the procedure determined under subregulation (1)(a).

152Hearings of inquiry panel to be in public

(1)
A hearing held by an inquiry panel as part of an inquiry must be held in public, unless the panel directs otherwise.
(2)
Subject to subregulation (3), the inquiry panel must publish all written submissions as soon as practicable after they are received by the panel.
(3)
If the inquiry panel considers it desirable in the public interest, the panel may:
- (a)
  give directions that all or part of a hearing be held in private, specifying the persons who may be present; and
- (b)
  give directions prohibiting or restricting the publication of all or part of any submission or evidence given orally or in writing to the panel.
153Timing of report of inquiry or inquiry panel
(1)
The NT EPA must complete a report of an inquiry within the period specified in the terms of reference.
(2)
An inquiry panel must complete a report of an inquiry and give it to the NT EPA within the period specified in the terms of reference.

154Publication of report of inquiry or inquiry panel

(1)
The NT EPA must publish the report of an inquiry or an inquiry panel prepared under regulation 153 as soon as practicable after the inquiry is completed.
(2)
The NT EPA must give a copy of the report to the proponent.
(3)
However, the NT EPA must not publish, or give a copy of, the report to the extent that it sets out any submission or evidence if the inquiry panel has directed under regulation 152(3)(b) that publication of the submission or evidence is prohibited or restricted.
(4)
The NT EPA must give the proponent a statement of the substance of the submission or evidence that is prohibited or restricted from publication under subregulation (3).

155Proponent to have regard to report

The proponent must have regard to the report of an inquiry or an inquiry panel in relation to a proposed action or strategic proposal in:

(a)
if applicable – preparing any supplementary environmental report under Division 5 or draft environmental impact statement or supplement under Division 6 in relation to the proposed action or strategic proposal; or
(b)
giving any additional information at the direction of the NT EPA under these Regulations in relation to the proposed action or strategic proposal.

Part 6Assessment reports 156Assessment report

(1)
The NT EPA must prepare an assessment report on completion of an environmental impact assessment process.
(2)
The assessment report is to be given to the Minister under Part 5 of the Act.
(3)
The purpose of the assessment report is:
- (a)
  to assess whether the proposed action or strategic proposal is likely to meet the environmental objectives; and
- (b)
  to assess the potential significant environmental impacts of a proposed action or strategic proposal; and
- (c)
  to make recommendations for avoiding, mitigating and managing those impacts; and
- (d)
  to advise the Minister as to the environmental acceptability of the proposed action or strategic proposal.
(4)
The assessment report must assess:
- (a)
  the potential environmental impacts and risks of the proposed action or strategic proposal; and
- (b)
  whether there are any significant residual impacts remaining after all reasonable measures to avoid and then mitigate and manage the risks have been taken.
(5)
The assessment report may identify that an offset may be appropriate in respect of the significant residual impacts identified in the report.

157Preparation of assessment report

(1)
The NT EPA must consider the following in preparing an assessment report:
- (a)
  any referral information given to the NT EPA;
- (b)
  any additional information provided under regulation 40 or 83;
- (c)
  any advice obtained by the NT EPA under regulation 86;
- (d)
  any supplementary environmental report completed under Part 5, Division 5 in relation to the proposed action or strategic proposal;
- (e)
  any environmental impact statement completed under Part 5, Division 6 in relation to the proposed action or strategic proposal;
- (f)
  the report of an inquiry or an inquiry panel under Part 5, Division 7 in relation to the proposed action or strategic proposal;
- (g)
  any submissions made within the relevant submission period in Part 4, 5 or 7.
(2)
The NT EPA may also consider the following in preparing an assessment report:
- (a)
  information based on the NT EPA’s own investigations and knowledge;
- (b)
  any independent review received under regulation 87;
- (c)
  any other information that the NT EPA considers relevant.
(3)
The NT EPA may:
- (a)
  refer to an inquiry report or an inquiry panel report in its assessment report; or
- (b)
  adopt an inquiry report or inquiry panel report as its assessment report.
158Draft environmental approval
(1)
The NT EPA must prepare a draft environmental approval to be given to the Minister with the assessment report prepared under regulation 156.
(2)
Subregulation (1) does not apply if the NT EPA proposes to give the Minister a statement of unacceptable impact.

159Draft statement of unacceptable impact

The NT EPA may prepare a draft statement of unacceptable impact.

160Consultation on draft environmental approval or draft statement of unacceptable impact

(1)
The NT EPA:
- (a)
  must give a copy of the draft environmental approval (if any) to the proponent; and
- (b)
  may give a copy of the draft statement of unacceptable impact (if any) to the proponent; and
- (c)
  must invite the proponent to make a submission to the NT EPA on:
  - (i)
    the draft approval; or
  - (ii)
    if a copy of the draft statement is given to the proponent – the draft statement.
(2)
The NT EPA must:
- (a)
  make reasonable efforts to obtain the views of the following in relation to a draft environmental approval or draft statement of unacceptable impact:
  - (i)
    any statutory decision-maker that the NT EPA considers may have a view on the draft approval or draft statement;
  - (ii)
    if the draft approval includes conditions that relate to a potential health impact of an action – the Chief Health Officer;
  - (iii)
    if the draft approval includes conditions that relate to a potential impact of an action on a social or cultural matter – the relevant government authority and
- (b)
  invite each entity consulted under paragraph (a) to make a submission on the draft environmental approval or draft statement of unacceptable impact.
(3)
The NT EPA must specify a period for submissions under subregulations (1) and (2).
(4)
The NT EPA must consider any submissions made within the submission period.
(5)
The required period for the NT EPA to give an assessment report to the Minister under regulation 161(1) ceases to run during the submission period.

161Period for providing assessment report

(1)
The NT EPA must give the assessment report to the Minister and the proponent within the required period.
(2)
In this regulation:
required period means:
- (a)
  for an assessment by referral information – 30 business days after the decision or recommendation on the method of assessment is made under regulation 57 or 58; or
- (b)
  for an assessment by supplementary environmental report – 40 business days after the end of the submission period specified in the notice under regulation 122; or
- (c)
  for an assessment by environmental impact statement – 45 business days after, as the case requires:
  - (i)
    the end of the submission period specified in the notice under regulation 139 for the supplement to the statement; or
  - (ii)
    the NT EPA giving to the proponent under regulation 141 notice of the decision to waive the requirement for a supplement to the statement; or
- (d)
  for an assessment that is an assessment by inquiry – 45 business days after completion or receipt by the NT EPA of the report of the inquiry in relation to the assessment under regulation 153; or
- (e)
  for an assessment that includes an assessment by inquiry – 45 business days after receipt by the NT EPA of the last of the information required to be given to the NT EPA under Part 5 in relation to the assessment.
Part 7Significant variations

Division 1Process for significant variation notified during assessment processSubdivision 1Preliminary matters162Application of Division

This Division applies if the NT EPA receives either of the following before the NT EPA prepares an assessment report for the Minister in relation to a proposed action or strategic proposal:

(a)
a notice of significant variation of the proposed action under section 51(1) of the Act;
(b)
a notice of significant variation of the strategic proposal under section 51(2) of the Act.

163NT EPA may suspend assessment process

(1)
The NT EPA may suspend the environmental impact assessment process for the proposed action or strategic proposal until it has made a decision on the significant variation.
(2)
If the NT EPA suspends the environmental impact assessment process under subregulation (1), the required period for the NT EPA to make a decision on the proposed action or strategic proposal under Part 4, 5 or 6 ceases to run until the NT EPA makes a decision on the significant variation.

Subdivision 2Initial consideration of notice of significant variation164Additional information about significant variation

(1)
On receipt of the notice of significant variation, the NT EPA may direct the proponent to give it additional information in relation to the significant variation.
(2)
The additional information must be:
- (a)
  a material omission from the notice of significant variation; and
- (b)
  required to enable the NT EPA to properly consider the notice of significant variation and whether the notice was required to be given.
(3)
A direction must be given within 10 business days after the NT EPA receives the notice of significant variation.
(4)
If the NT EPA gives a direction under this regulation, the required period in regulation 166 for the NT EPA to make a decision on the notice of significant variation ceases to run until the information is given.
(5)
Regulations 41 and 42 apply, with the necessary changes, in relation to a failure to comply with a direction under this regulation as if the notice of significant variation were a referral of a proposed action or strategic proposal.

165Proponent may provide draft terms of reference or draft amendments

(1)
The proponent may provide to the NT EPA, with the notice of significant variation:
- (a)
  draft terms of reference that may be appropriate as a result of the significant variation; or
- (b)
  draft amendments to existing approved terms of reference that may be appropriate as a result of the significant variation.
(2)
The proponent must provide a statement of reasons stating why the draft terms of reference or draft amendments to existing terms of reference are appropriate.

166Decision whether to accept notice of significant variation

(1)
The NT EPA must accept or refuse to accept a notice of significant variation of a proposed action or strategic proposal within 15 business days after the notice is given under section 51(1) or (2) of the Act.
(2)
If the NT EPA does not make a decision under subregulation (1) within the required period, the notice of significant variation is taken to be accepted.
(3)
This regulation does not apply if the NT EPA decides under regulation 41 (as applied by regulation 164(5)) not to proceed with the notice of significant variation.

167Grounds for refusal to accept notice of significant variation

The NT EPA may refuse to accept a notice of significant variation under regulation 166 if the NT EPA considers that the notice:

(a)
contains insufficient information to make an assessment decision; or
(b)
has not been prepared or certified in accordance with the requirements determined under regulation 263; or
(c)
relates to part of a larger action proposed by the proponent and information on the whole action is required to make an assessment decision; or
(d)
was not required to be given.

168Notice to proponent of decision

(1)
The NT EPA must give notice of a decision under regulation 166 to the proponent.
(2)
The notice of decision must contain the following information:
- (a)
  a statement that the notice of significant variation has been accepted or refused;
- (b)
  the name of the proponent;
- (c)
  the name of the proposed action or strategic proposal to which the notice relates;
- (d)
  the nature of the variation.
(3)
If the NT EPA refuses to accept a notice of significant variation, the NT EPA must give the proponent a statement of reasons for the decision.
(4)
The notice of decision and, if the decision is to refuse to accept the notice of significant variation, the statement of reasons must be given to the proponent as soon as practicable after the decision is made.

169Publication of documents

(1)
The NT EPA must publish the following as soon as practicable after the decision is made:
- (a)
  the notice of decision;
- (b)
  if the decision is to refuse to accept the notice of significant variation – the statement of reasons for the decision.
(2)
If the notice of significant variation is accepted, the NT EPA must also publish the following as soon as practicable after the decision is made:
- (a)
  a copy of the accepted notice of significant variation;
- (b)
  any direction given under regulation 164;
- (c)
  any additional information given in response to the direction given under regulation 164;
- (d)
  if the proponent has provided draft terms of reference or draft amendments to the existing approved terms of reference under regulation 165 – the draft terms of reference or draft amendments and statement of reasons provided under that regulation.
170Public consultation
(1)
If the notice of significant variation is accepted, the NT EPA must publish a notice:
- (a)
  advising where the documents mentioned in regulation 169 may be inspected and obtained; and
- (b)
  inviting interested persons to make a submission to the NT EPA on the significant variation within the period specified in the notice.
(2)
The submission period must be:
- (a)
  for a notice relating to a standard assessment other than a notice mentioned in paragraph (b) – 20 business days after the date of the notice; or
- (b)
  for a notice relating to a standard assessment for which the proponent has provided draft terms of reference or draft amendments to the existing approved terms of reference – 30 business days after the date of the notice; or
- (c)
  for a notice relating to a strategic assessment other than a notice mentioned in paragraph (d) – 30 business days after the date of the notice; or
- (d)
  for a notice relating to a strategic assessment for which the proponent has provided draft terms of reference or draft amendments to the existing approved terms of reference – 40 business days after the date of the notice.
171Consultation with government authorities
If the notice of significant variation is accepted, the NT EPA must:
- (a)
  give a copy of the documents mentioned in regulation 169 to any government authority that the NT EPA considers may have a view on the matter; and
- (b)
  invite the government authority to make a submission to the NT EPA on the significant variation within the relevant submission period specified in the notice under regulation 170.
Subdivision 3Consideration of accepted notice of significant variation

172Matters NT EPA must consider in relation to significant variation

(1)
The NT EPA must consider the following before making a decision under regulation 173 on the significant variation:
- (a)
  the notice of significant variation;
- (b)
  any additional information given to the NT EPA under regulation 164;
- (c)
  any submissions received under regulation 170 or 171;
- (d)
  the matters mentioned in subregulation (2).
(2)
In assessing a significant variation to determine whether a proposed action or strategic proposal requires a different method of environmental impact assessment or whether a new environmental impact assessment is required for the significant variation, the NT EPA must consider the following:
- (a)
  whether the potential for a significant impact on the environment of the significant variation differs in a material way from the impacts already identified in the assessment process for the proposed action or strategic proposal;
- (b)
  whether, and the extent to which, the significant variation will result in a substantial change to the type or amount of any output of the proposed action or strategic proposal in a way that significantly changes the potential significant impacts from those already identified in the assessment process for the proposed action or strategic proposal;
- (c)
  whether the objects of the Act and the purpose of the environmental impact assessment process set out in section 42 of the Act would be undermined if the matters raised in the significant variation were not assessed.
173Decision or recommendation on significant variation
(1)
The NT EPA may decide that:
- (a)
  for an assessment by referral information:
  - (i)
    the assessment can continue to assess the proposed action or strategic proposal and the significant variation with the existing assessment method; or
  - (ii)
    the existing assessment method is no longer appropriate and an alternative method of environmental impact assessment is required; or
  - (iii)
    the assessment can continue to assess the proposed action or strategic proposal with the existing assessment method, but a new assessment is required for the matters in the significant variation; or
  - (iv)
    the assessment is no longer required; or
- (b)
  for an assessment by supplementary environmental report:
  - (i)
    the assessment can continue to assess the proposed action or strategic proposal and the significant variation with the existing assessment method; or
  - (ii)
    the existing assessment method is no longer appropriate and an alternative method of environmental impact assessment is required; or
  - (iii)
    the assessment can continue to assess the proposed action or strategic proposal with the existing assessment method, but a new assessment is required for the matters in the significant variation; or
  - (iv)
    the assessment is no longer required; or
- (c)
  for an environmental impact statement process:
  - (i)
    the assessment can continue to assess the proposed action or strategic proposal and the significant variation within the existing terms of reference; or
  - (ii)
    the assessment can continue with amended terms of reference; or
  - (iii)
    the existing assessment method is no longer appropriate and an alternative method of environmental impact assessment is required; or
  - (iv)
    the assessment can continue to assess the proposed action or strategic proposal within the existing terms of reference, but a new assessment is required for the matters in the significant variation; or
  - (v)
    the assessment is no longer required; or
- (d)
  for an assessment that is, or includes, an assessment by inquiry:
  - (i)
    the assessment can continue to assess the proposed action or strategic proposal and the significant variation with the existing terms of reference; or
  - (ii)
    the assessment can continue with amended terms of reference; or
  - (iii)
    the existing assessment method is no longer appropriate and an alternative method of environmental impact assessment is required; or
  - (iv)
    the assessment can continue to assess the proposed action or strategic proposal within the existing terms of reference, but a new assessment is required for the matters in the significant variation; or
  - (v)
    the assessment is no longer required.
(2)
A decision under subregulation (1)(c) that the terms of reference need to be amended may be made whether the notice of variation is given before or after a draft environmental impact statement is published.
(3)
A decision under subregulation (1)(d) that the terms of reference need to be amended may be made before the assessment by inquiry is completed.
(4)
The NT EPA must consult with the proponent before deciding a method of environmental impact assessment that is, or includes, an assessment by inquiry and consider any written submission received from the proponent within the period specified in writing by the NT EPA.
(5)
If the NT EPA decides that a new assessment is required for a significant variation, the NT EPA must:
- (a)
  if the existing assessment is a standard assessment – decide:
  - (i)
    that the assessment of the significant variation is to be a standard assessment; and
  - (ii)
    the required method of environmental impact assessment; or
- (b)
  if the existing assessment is a strategic assessment – recommend to the Minister:
  - (i)
    that the assessment of the significant variation is to be a strategic assessment; and
  - (ii)
    the proposed method of environmental impact assessment.
(6)
Regulations 59 and 60 apply to the decision or recommendation on the method of environmental impact assessment.
(7)
A decision or recommendation under subregulation (1) or (5) must be made within 30 business days after the end of the submission period specified in the notice under regulation 170.
(8)
The required period for the NT EPA to make a decision or recommendation under subregulation (1) or (5) ceases to run during any period that the NT EPA carries out a consultation under regulation 60.

174Statement of reasons

The NT EPA must prepare a statement of reasons for a decision or recommendation under regulation 173.

175Notice to proponent of decision or recommendation

(1)
The NT EPA must give the proponent:
- (a)
  notice of a decision or recommendation under regulation 173; and
- (b)
  the statement of reasons for the decision or recommendation.
(2)
The notice of decision or recommendation and the statement of reasons must be given to the proponent as soon as practicable after the decision or recommendation is made.

176Notice of decision or recommendation to be published

The NT EPA must publish the following as soon as practicable after the decision or recommendation is made under regulation 173:

(a)
the notice of decision or recommendation;
(b)
the statement of reasons for the decision or recommendation.

Subdivision 4Implementation of decision on assessment177Assessment to continue without change

(1)
If the NT EPA makes a decision under regulation 173(1)(a)(i) that an assessment can continue, the NT EPA must recommence the environmental impact assessment process in accordance with Parts 5 and 6 within 10 business days after the decision is made.
(2)
If the NT EPA makes a decision under regulation 173(1)(b)(i) that an assessment can continue, the NT EPA:
- (a)
  may direct that additional information be given under regulation 83 or 124; and
- (b)
  may amend a direction given under regulation 119(2)(b) or 124; and
- (c)
  must recommence the environmental impact assessment process in accordance with Parts 5 and 6 within 10 business days after the decision is made.
(3)
If the NT EPA makes a decision under regulation 173(1)(c)(i) that an assessment can continue within the existing terms of reference, the NT EPA:
- (a)
  may direct that additional information be given under regulation 83 or 143; and
- (b)
  may amend a direction given under regulation 136(1) or 143; and
- (c)
  must recommence the environmental impact assessment process in accordance with Parts 5 and 6 within 10 business days after the decision is made.
(4)
If the NT EPA makes a decision under regulation 173(1)(d)(i) that an assessment can continue within the existing terms of reference, the NT EPA:
- (a)
  may direct that additional information be given under regulation 83; and
- (b)
  must recommence the environmental impact assessment process in accordance with Parts 5 and 6 within 10 business days after the decision is made.
178Alternative method of assessment required
(1)
If the NT EPA makes a decision under regulation 173 that an alternative method of environmental impact assessment is required, the NT EPA must:
- (a)
  by written notice to the proponent, terminate the existing environmental impact assessment process; and
- (b)
  decide the method of environmental impact assessment in accordance with regulations 59, 60 and 61 as soon as practicable after the decision is made; and
- (c)
  carry out the new environmental impact assessment process in accordance with Parts 5 and 6.
(2)
The NT EPA may have regard to any information provided to it under the existing environmental impact assessment process in carrying out the new assessment process.

179New assessment for significant variation

(1)
If the NT EPA makes a decision under regulation 173(1) that an assessment can continue, but that a new assessment is required for the matters in the significant variation, the NT EPA must:
- (a)
  recommence the existing environmental impact assessment process in accordance with Parts 5 and 6; and
- (b)
  subject to subregulations (2) and (3), carry out an assessment of the significant variation.
(2)
If the NT EPA recommends to the Minister under regulation 173(5) that the assessment of the significant variation be a strategic assessment, Part 4, Division 4 applies, with the necessary changes, as if the variation were a strategic proposal.
(3)
Subject to regulation 180, Parts 5 and 6 apply, with the necessary changes, to a new assessment of a significant variation mentioned in regulation 173 as if the variation were a proposed action or strategic proposal.

180Application of Part 5 if draft terms of reference for variation already published

(1)
This regulation applies if:
- (a)
  the NT EPA has determined under regulation 173 that the new assessment of a significant variation is to be an assessment by environmental impact statement; and
- (b)
  draft terms of reference or draft amendments to the existing approved terms of reference for the significant variation (the draft terms of reference for the significant variation) were published under regulation 169.
(2)
Except as set out in subregulation (5), regulations 98(1), (3) and (4) and 100 to 104 do not apply to the draft terms of reference for the significant variation.
(3)
After considering any submissions received under regulations 170 and 171 in relation to the draft terms of reference for the significant variation, the NT EPA may:
- (a)
  approve the draft terms of reference for the new assessment of the significant variation; or
- (b)
  approve the draft terms of reference for the new assessment of the significant variation with any changes the NT EPA considers appropriate; or
- (c)
  refuse to approve the draft terms of reference.
(4)
The NT EPA must make the decision on the draft terms of reference for the significant variation within 35 business days after the end of the submission period specified in the notice under regulation 170.
(5)
If the NT EPA refuses to approve the draft terms of reference under subregulation (3), the NT EPA must prepare draft terms of reference for the assessment under regulation 98(1).
(6)
Regulations 105 and 106 apply to a decision under subregulation (3) as if it were a decision under regulation 104(1),(3) or (4).

181Assessment is no longer required

(1)
This regulation applies if the NT EPA decides under regulation 173 that an assessment is no longer required.
(2)
The NT EPA must, by written notice to the proponent, terminate the environmental impact assessment process for the proposed action or strategic proposal.

Subdivision 5Amendment of terms of reference182Application of Subdivision

This Subdivision applies if the NT EPA decides under:

(a)
regulation 173(1)(c)(ii) that the terms of reference for an assessment by environmental impact statement need to be amended; or
(b)
regulation 173(1)(d)(ii) that the terms of reference for an assessment by inquiry need to be amended.

183Preparation of draft amending terms of reference

(1)
The NT EPA must prepare draft amending terms of reference that may be:
- (a)
  amended terms of reference; or
- (b)
  new terms of reference; or
- (c)
  an addendum to the terms of reference.
(2)
Subregulation (1) and regulations 184 to 187 do not apply if draft terms of reference or draft amendments to the existing terms of reference for the assessment (the draft amending terms of reference) were published under regulation 169.
(3)
Subregulation (2) does not affect the requirement in regulation 188(6) to prepare draft amending terms of reference.

184Consultation with proponent

(1)
Before publishing the draft amending terms of reference under regulation 185, the NT EPA:
- (a)
  may consult with the proponent; and
- (b)
  if the proponent is consulted – must consider any written submission from the proponent received within the time specified by the NT EPA.
(2)
The required period for the NT EPA to publish the draft amending terms of reference ceases to run during any period that the NT EPA carries out a consultation under subregulation (1).

185Publication of draft amending terms of reference

The NT EPA must publish the draft amending terms of reference prepared under regulation 183 within 40 business days after the decision is made under regulation 173(1)(c)(ii) or (d)(ii).

186Public consultation

(1)
The NT EPA must publish a notice of the draft amending terms of reference prepared under regulation 183.
(2)
The notice must:
- (a)
  state where the draft amending terms of reference may be inspected and obtained; and
- (b)
  invite interested persons to make a submission to the NT EPA on the draft amending terms of reference within the period specified in the notice.
(3)
The submission period must be 15 business days after the notice is published under subregulation (1).

187Consultation with government authorities

The NT EPA must:

(a)
give a copy of the draft amending terms of reference to any government authority that the NT EPA considers may have a view on the matter; and
(b)
invite the government authority to make a submission to the NT EPA on the draft amending terms of reference within the submission period specified in the notice under regulation 186.

188Decision on draft amending terms of reference for significant variation

(1)
After considering any submissions received under regulations 186 and 187, the NT EPA may:
- (a)
  approve the draft amending terms of reference; or
- (b)
  approve the draft amending terms of reference with any changes the NT EPA considers appropriate; or
- (c)
  refuse to approve the draft amending terms of reference.
(2)
Subregulation (3) applies if draft terms of reference or draft amendments to the existing approved terms of reference (the draft amending terms of reference) for the significant variation were published under regulation 169.
(3)
After considering any submissions received under regulations 170 and 171, the NT EPA may:
- (a)
  approve the draft amending terms of reference published under regulation 169; or
- (b)
  approve the draft amending terms of reference with any changes the NT EPA considers appropriate; or
- (c)
  refuse to approve the draft amending terms of reference.
(4)
The NT EPA must make a decision under subregulation (1) within 15 business days after the end of the submission period specified in the notice under regulation 186.
(5)
The NT EPA must make a decision under subregulation (3) within 30 business days after the end of the submission period specified in the notice under regulation 170.
(6)
If the NT EPA refuses to approve the draft amending terms of reference for an assessment under subregulation (3), the NT EPA must prepare draft amending terms of reference for the assessment under regulation 183(1).
(7)
If the draft amending terms of reference are approved under subregulation (1) or (3), the terms of reference have effect as amended:
- (a)
  on the date that the approved amending terms of reference are published under regulation 190; or
- (b)
  on a later date specified in the amending terms of reference.
189Notice to proponent of decision
(1)
The NT EPA must give notice of a decision under regulation 188(1) or (3) to the proponent.
(2)
If the NT EPA approves the draft amending terms of reference (with or without changes), the NT EPA must give the proponent a copy of the approved amending terms of reference.
(3)
If the NT EPA refuses to approve the amending terms of reference, the NT EPA must give the proponent a statement of reasons for the decision.
(4)
The notice of decision and either the approved amending terms of reference or, if the decision is to refuse to approve the draft amending terms of reference, the statement of reasons must be given to the proponent as soon as practicable after the decision is made.

190Notice of decision to be published

The NT EPA must publish the following as soon as practicable after the decision is made under regulation 188(1) or (3):

(a)
the notice of decision;
(b)
if the draft amending terms of reference are approved, with or without changes – the approved amending terms of reference;
(c)
if the NT EPA refuses to approve the draft amending terms of reference – the statement of reasons for the decision.

191Assessment process after amending terms of reference approved

(1)
This regulation applies if the NT EPA approves draft amending terms of reference under regulation 188.
(2)
If the terms of reference are for an assessment by environmental impact statement:
- (a)
  the NT EPA and the proponent must carry out the environmental impact assessment process under Part 5 in accordance with the amended terms of reference; and
- (b)
  the proponent must prepare any documents for the assessment as directed by the NT EPA in accordance with the amended terms of reference.
(3)
If the terms of reference are for an assessment by inquiry, the NT EPA and the proponent must carry out the environmental impact assessment process under Part 5 in accordance with the amended terms of reference.

Division 2Process for significant variation notified after assessment reportSubdivision 1Preliminary matters192Application of Division

This Division applies if the NT EPA receives a notice of significant variation under section 51(1) or (2) of the Act:

(a)
after the assessment report on the proposed action or strategic proposal is prepared by the NT EPA; and
(b)
before an environmental approval is given for the proposed action or strategic proposal.

Note for regulation 192

Section 56(2) of the Act provides that the approval process under Part 5 of the Act ceases until the assessment of the variation is completed.

193NT EPA to notify Minister of receipt of notice of significant variation

The NT EPA must notify the Minister without delay of the receipt of the notice of significant variation.

Subdivision 2Initial consideration of notice of significant variation194Additional information about significant variation

(1)
On receipt of the notice of significant variation under section 51(1) or (2) of the Act, the NT EPA may direct the proponent to give it additional information in relation to the significant variation.
(2)
The additional information must be:
- (a)
  a material omission from the notice of significant variation; and
- (b)
  required to enable the NT EPA to properly consider the notice of significant variation and whether the notice was required to be given.
(3)
A direction must be made within 10 business days after the NT EPA receives the notice of significant variation.
(4)
If the NT EPA gives a direction under this regulation, the required period for the NT EPA to make a decision under regulation 196 on the notice of significant variation ceases to run until the information is given.
(5)
Regulations 41 and 42 apply, with the necessary changes, in relation to a failure to comply with a direction under this regulation as if the notice of significant variation were a referral of a proposed action or strategic proposal.

195Proponent may provide draft terms of reference

(1)
The proponent may provide to the NT EPA, with the notice of significant variation, draft terms of reference that may be appropriate as a result of the significant variation.
(2)
The proponent must provide a statement of reasons stating why the draft terms of reference are appropriate.

196Decision whether to accept notice of significant variation

(1)
The NT EPA must accept or refuse to accept a notice of significant variation of a proposed action or strategic proposal within 15 business days after the notice is given under section 51(1) or (2) of the Act.
(2)
If the NT EPA does not make a decision under subregulation (1) within the required period, the notice of significant variation is taken to be accepted.
(3)
This regulation does not apply if the NT EPA decides under regulation 41 (as applied by regulation 194(5)) not to proceed with the notice of significant variation.

197Grounds for refusal to accept notice of significant variation

The NT EPA may refuse to accept a notice of significant variation under regulation 196 if the NT EPA considers that the notice:

(a)
contains insufficient information to make an assessment decision; or
(b)
has not been prepared or certified in accordance with the requirements determined under regulation 263; or
(c)
relates to part of a larger action proposed by the proponent and information on the whole action is required to make an assessment decision; or
(d)
was not required to be given.

198Matters to be provided to Minister if notice of variation refused

If the NT EPA refuses to accept a notice of significant variation, the NT EPA must provide to the Minister:

(a)
a statement that the notice of significant variation has been refused; and
(b)
a statement of reasons for the decision.

199Notice to proponent of decision

(1)
The NT EPA must give notice of a decision under regulation 196 to the proponent.
(2)
The notice of decision must contain the following information:
- (a)
  a statement that the notice of strategic variation has been accepted or refused;
- (b)
  the name of the proponent;
- (c)
  the name of the proposed action or strategic proposal to which the notice relates;
- (d)
  the nature of the significant variation.
(3)
If the NT EPA refuses to accept a notice of significant variation, the NT EPA must give the proponent a statement of reasons for the decision.
(4)
The notice of decision and, if the decision is to refuse to accept the notice of significant variation, the statement of reasons must be given to the proponent as soon as practicable after the decision is made.

200Publication of documents

(1)
The NT EPA must publish the following as soon as practicable after the decision is made:
- (a)
  the notice of decision;
- (b)
  if the decision is to refuse to accept the notice of significant variation – the statement of reasons for the decision.
(2)
If a notice of significant variation is accepted, the NT EPA must also publish the following as soon as practicable after the decision is made:
- (a)
  a copy of the accepted notice of significant variation;
- (b)
  any direction given under regulation 194;
- (c)
  any additional information given in response to the direction given under regulation 194;
- (d)
  if the proponent has provided draft terms of reference under regulation 195 – the draft terms of reference and the statement of reasons provided under that regulation.
201Public consultation
(1)
If a notice of significant variation is accepted, the NT EPA must publish a notice:
- (a)
  advising where the documents mentioned in regulation 200 may be inspected and obtained; and
- (b)
  inviting interested persons to make a submission to the NT EPA on the significant variation within the period specified in the notice.
(2)
The submission period must be:
- (a)
  for a notice relating to a standard assessment other than a notice mentioned in paragraph (b) – 20 business days after the date of the notice; or
- (b)
  for a notice relating to a standard assessment for which the proponent has provided draft terms of reference under regulation 195 – 30 business days after the date of the notice; or
- (c)
  for a notice relating to a strategic assessment other than a notice mentioned in paragraph (d) – 30 business days after the date of the notice; or
- (d)
  for a notice relating to a strategic assessment for which the proponent has provided draft terms of reference under regulation 195 – 40 business days after the date of the notice.
202Consultation with government authorities
If a notice of significant variation is accepted, the NT EPA must:
- (a)
  give a copy of the documents mentioned in regulation 200 to any government authority that the NT EPA considers may have a view on the matter; and
- (b)
  invite the government authority to make a submission to the NT EPA on the significant variation within the relevant submission period specified in the notice under regulation 201.
Subdivision 3Consideration of accepted notice of significant variation

203Matters NT EPA must consider in relation to significant variation

(1)
The NT EPA must consider the following before making a decision under regulation 204 or 205 on a significant variation:
- (a)
  the notice of significant variation;
- (b)
  any additional information given to the NT EPA under regulation 194;
- (c)
  any submissions received under regulation 201 or 202;
- (d)
  the matters mentioned in subregulation (2).
(2)
In assessing a significant variation to determine whether or not the variation requires a new environmental impact assessment, the NT EPA must consider the following:
- (a)
  whether the potential for a significant impact on the environment of the significant variation differs in a material way from the impacts already identified in the assessment process for the proposed action or strategic proposal;
- (b)
  whether, and the extent to which, the significant variation will result in a substantial change to the type or amount of any output of the proposed action or strategic proposal in a way that significantly changes the potential significant impacts from those already identified in the assessment process for the proposed action or strategic proposal;
- (c)
  whether the objects of the Act and the purpose of the environmental impact assessment process set out in section 42 of the Act would be undermined if the matters raised in the significant variation were not assessed.
204Decision or recommendation on significant variation
(1)
This regulation does not apply to a significant variation of a proposed action or strategic proposal if the NT EPA has prepared a statement of unacceptable impact in relation to the proposed action or strategic proposal.
(2)
The NT EPA must consider a significant variation of a proposed action or strategic proposal and decide whether:
- (a)
  the potential significant impacts of the variation can be avoided or mitigated or managed through the proposed conditions of the draft environmental approval given to the Minister with the assessment report; or
- (b)
  the potential significant impacts of the variation can be avoided or mitigated or managed if an amendment is made to the proposed conditions of the draft environmental approval given to the Minister with the assessment report; or
- (c)
  the potential significant impacts of the variation are such that a new assessment is required for the matters in the significant variation.
(3)
If the NT EPA decides that a new assessment is required for a significant variation, the NT EPA must:
- (a)
  if the existing assessment is a standard assessment – decide:
  - (i)
    that the assessment of the significant variation is to be a standard assessment; and
  - (ii)
    the required method of environmental impact assessment; or
- (b)
  if the existing assessment is a strategic assessment – recommend to the Minister:
  - (i)
    that the assessment of the significant variation is to be a strategic assessment; and
  - (ii)
    the proposed method of environmental impact assessment.
(4)
Regulations 59 and 60 apply to the decision or recommendation on the method of environmental impact assessment.
(5)
A decision or recommendation under subregulation (2) or (3) must be made within 30 business days after the end of the submission period specified in the notice under regulation 201.
(6)
The required period for the NT EPA to make a decision or recommendation under subregulation (2) or (3) ceases to run during any period that the NT EPA carries out a consultation under regulation 60.

205Decision or recommendation if statement of unacceptable impact prepared

(1)
This regulation applies to a significant variation of a proposed action or strategic proposal if the NT EPA has prepared a statement of unacceptable impact in relation to the proposed action or strategic proposal.
(2)
The NT EPA must consider the significant variation and decide whether:
- (a)
  the potential significant impacts of the proposed action or strategic proposal can be avoided or mitigated or managed through the conditions of an environmental approval; or
- (b)
  the potential significant impacts of the proposed action or strategic proposal cannot be avoided or mitigated or managed through the conditions of an environmental approval; or
- (c)
  the environmental impacts of the significant variation are such that a new assessment is required for the matters in the significant variation.
(3)
The NT EPA may consult with the proponent if it proposes to make a decision under subregulation (2)(b) and must consider any written submission received from the proponent within the period specified in writing by the NT EPA.
(4)
If the NT EPA decides that a new assessment is required for a significant variation, the NT EPA must:
- (a)
  if the existing assessment is a standard assessment – decide:
  - (i)
    that the assessment of the significant variation is to be a standard assessment; and
  - (ii)
    the required method of environmental impact assessment; or
- (b)
  if the existing assessment is a strategic assessment – recommend to the Minister:
  - (i)
    that the assessment of the significant variation is to be a strategic assessment; and
  - (ii)
    the proposed method of environmental impact assessment.
(5)
Regulations 59 and 60 apply to the decision or recommendation on the method of environmental impact assessment.
(6)
A decision or recommendation under subregulation (2) or (4) must be made within 30 business days after the end of the submission period specified in the notice under regulation 201.
(7)
The required period for the NT EPA to make a decision or recommendation under subregulation (2) or (4) ceases to run during any period that the NT EPA carries out a consultation under regulation 60.

206Notice to proponent of decision or recommendation

(1)
The NT EPA must give the proponent:
- (a)
  notice of a decision or recommendation under regulation 204 or 205; and
- (b)
  a statement of reasons for the decision or recommendation.
(2)
The notice of decision or recommendation and the statement of reasons must be given as soon as practicable after the decision or recommendation is made.

207Notice of decision or recommendation to be published

The NT EPA must publish the following as soon as practicable after a decision or recommendation is made under regulation 204 or 205:

(a)
the notice of decision or recommendation;
(b)
the statement of reasons for the decision or recommendation.

Subdivision 4Implementation of decision on assessment208Matters to be provided to Minister if additional assessment not required

(1)
If the NT EPA makes a decision under regulation 204(2)(a), the NT EPA must prepare and provide to the Minister under section 56(2)(b) of the Act a report or addendum that contains:
- (a)
  a statement setting out the decision; and
- (b)
  a statement of reasons for the decision.
(2)
If the NT EPA makes a decision under regulation 204(2)(b), the NT EPA must prepare and provide to the Minister under section 56(2) of the Act:
- (a)
  a report or addendum that contains:
  - (i)
    a statement setting out the decision; and
  - (ii)
    a statement of reasons for the decision; and
- (b)
  a revised draft environmental approval prepared in accordance with regulation 212.
(3)
A document mentioned in subregulation (1) or (2) must be provided within 30 business days after the relevant decision is made under regulation 204.
(4)
The required period for the NT EPA to provide a document mentioned in subregulation (1) or (2) ceases to run during any period that the NT EPA carries out a consultation under regulation 212 in relation to the revised draft environmental approval.

209Documents to be provided to Minister if new assessment not required

(1)
If the NT EPA makes a decision under regulation 205(2)(a), the NT EPA must:
- (a)
  prepare and provide to the Minister under section 56(2)(b) of the Act a report or addendum that contains:
  - (i)
    a statement setting out the decision; and
  - (ii)
    a statement of reasons for the decision; and
- (b)
  prepare and provide to the Minister under section 56(2)(c) of the Act a draft environmental approval prepared in accordance with regulation 212; and
- (c)
  cancel the statement of unacceptable impact.
(2)
If the NT EPA makes a decision under regulation 205(2)(b), the NT EPA must prepare and provide to the Minister under section 56(2) of the Act:
- (a)
  a report or addendum that contains:
  - (i)
    a statement setting out the decision; and
  - (ii)
    a statement of reasons for the decision; and
- (b)
  a revised statement of unacceptable impact.
(3)
A document mentioned in subregulation (1) or (2) must be provided within 30 business days after the relevant decision is made under regulation 205.
(4)
The required period for the NT EPA to provide a document mentioned in subregulation (1) ceases to run during any period that the NT EPA carries out a consultation under regulation 212 in relation to the draft environmental approval.

210New assessment for significant variation

(1)
This regulation applies if the NT EPA makes a decision under regulation 204(2)(c) or 205(2)(c) that a new assessment is required for the matters in the significant variation.
(2)
Subject to subregulations (3) and (4), the NT EPA must carry out an assessment of the significant variation.
(3)
If the NT EPA recommends to the Minister under regulation 204(3) that the assessment of the significant variation be a strategic assessment, Part 4, Division 4 applies, with the necessary changes, as if the variation were a strategic proposal.
(4)
Subject to regulation 211, Parts 5 and 6 apply, with the necessary changes, to the assessment of the significant variation as if:
- (a)
  the variation were a proposed action or strategic proposal; and
- (b)
  a reference in Part 6 to:
  - (i)
    an assessment report were a reference to a new or revised assessment report mentioned in section 56(2)(b) of the Act; and
  - (ii)
    a draft environmental approval were a reference to a revised draft environmental approval mentioned in section 56(2)(c) of the Act.
  211Application of Part 5 if draft terms of reference for variation already published
(1)
This regulation applies if:
- (a)
  the NT EPA has determined under regulation 204 or 205 or Part 4, Division 4 that the new assessment of a significant variation is to be an assessment by environmental impact statement; and
- (b)
  draft terms of reference for the significant variation were published under regulation 200.
(2)
Except as set out in subregulation (5), regulations 98(1), (3) and (4) and 100 to 104 do not apply to the terms of reference for the significant variation.
(3)
After considering any submissions received under regulations 201 and 202 in relation to the draft terms of reference published under regulation 200, the NT EPA may:
- (a)
  approve the draft terms of reference for the new assessment of the significant variation; or
- (b)
  approve the draft terms of reference for the new assessment of the significant variation with any changes the NT EPA considers appropriate; or
- (c)
  refuse to approve the draft terms of reference.
(4)
The NT EPA must make the decision on the draft terms of reference within 35 business days after the end of the submission period specified in the notice under regulation 201.
(5)
If the NT EPA refuses to approve the draft terms of reference for an assessment under subregulation (3), the NT EPA must prepare terms of reference for the assessment under regulation 98(1).
(6)
Regulations 105 and 106 apply to a decision under subregulation (3) on the draft terms of reference as if it were a decision under regulation 104(1), (3) or (4).

212Consultation on draft or revised draft environmental approval

(1)
This regulation applies to the preparation of:
- (a)
  a revised draft environmental approval mentioned in regulation 208; or
- (b)
  a draft environmental approval mentioned in regulation 209.
(2)
The NT EPA must:
- (a)
  consult with the proponent on:
  - (i)
    the proposed revisions to the draft environmental approval; or
  - (ii)
    the proposed draft environmental approval; and
- (b)
  invite the proponent to make a submission to the NT EPA on the matters on which the proponent is consulted.
(3)
The NT EPA must:
- (a)
  make reasonable efforts to obtain the views of the following:
  - (i)
    any statutory decision-maker that the NT EPA considers may have a view on the proposed revisions or the draft environmental approval, as the case requires;
  - (ii)
    in relation to any proposed revisions to the draft environmental approval or conditions of the proposed draft environmental approval that relate to a potential health impact of an action – the Chief Health Officer;
  - (iii)
    in relation to any proposed revisions to the draft environmental approval or conditions of the proposed draft environmental approval that relate to a potential impact of an action on a social or cultural matter – the relevant government authority; and
- (b)
  invite each entity consulted under paragraph (a) to make a submission on matters on which the entity is consulted.
(4)
The NT EPA must specify a period for submissions under subregulations (2) and (3).
(5)
The NT EPA must consider any submissions made under subregulation (2) or (3) within the submission period on the relevant matters.

Division 3Process for referral of significant variation after environmental approval grantedSubdivision 1Preliminary matters213Application of Division

This Division applies if a proposed significant variation of an action is referred to the NT EPA under section 52 of the Act after the environmental approval for the action is granted.

Subdivision 2Initial consideration of referral of significant variation214Additional information about referral

(1)
On receipt of a referral of a significant variation under section 52 of the Act, the NT EPA may direct the approval holder to give it additional information in relation to the referral within a specified period.
(2)
The additional information must be:
- (a)
  a material omission from the referral; and
- (b)
  required to enable the NT EPA to properly consider the referral and whether the referral was required to be made.
(3)
A direction must be made within 10 business days after the NT EPA receives the referral.
(4)
If the NT EPA gives a direction under this regulation, the required period for the NT EPA to make a decision on the referral under regulation 216, 217 or 218 ceases to run until the information is given.
(5)
Regulations 41 and 42 apply, with the necessary changes, in relation to a failure to comply with a direction under this regulation as if the referral of the significant variation were a referral of a proposed action or strategic proposal.

215Approval holder initiated EIS referral

An approval holder may include in a referral of a significant variation under section 52 of the Act:

(a)
draft terms of reference for an assessment by environmental impact statement for the significant variation; and
(b)
a statement of reasons why:
- (i)
  an assessment by environmental impact statement is required for the significant variation; and
- (ii)
  the draft terms of reference are appropriate.
216Decision whether to accept referral for standard assessment

(1)
The NT EPA must accept or refuse to accept a referral of a significant variation under section 52 of the Act for a standard assessment if the environmental approval was granted on the basis of a standard assessment.
(2)
The NT EPA must make a decision under subregulation (1) within 15 business days after the referral is made.
(3)
If the NT EPA does not make a decision under subregulation (1) within the required period, the referral is taken to be accepted.
(4)
This regulation does not apply if the NT EPA decides under regulation 41 (as applied by regulation 214(5)) not to proceed with the referral.

217Decision whether to accept referral for strategic assessment

(1)
The NT EPA may accept or refuse to accept a referral of a significant variation under section 52 of the Act for a strategic assessment if it considers it appropriate to do so.
(2)
The NT EPA must make a decision under subregulation (1) within 15 business days after the referral is made.
(3)
This regulation does not apply if the NT EPA decides under regulation 41 (as applied by regulation 214(5)) not to proceed with the referral.

218Decision on approval holder initiated EIS referral

If a referral of a significant variation includes the matters mentioned in regulation 215(a) and (b), the NT EPA may decide to accept the referral as an approval holder initiated EIS referral.

219General grounds for refusal to accept referral

The NT EPA may refuse to accept a referral of a significant variation under section 52 of the Act if the NT EPA considers that the referral:

(a)
contains insufficient information to make an assessment decision; or
(b)
has not been prepared or certified in accordance with the requirements determined under regulation 263; or
(c)
relates to part of a larger action proposed by the approval holder and information on the whole action is required to make an assessment decision; or
(d)
was not required to be made.

220Ground for refusal to accept referral for strategic assessment

(1)
Without limiting regulation 219, the NT EPA may refuse to accept a referral of a significant variation for a strategic assessment if it considers that a standard assessment is more appropriate.
(2)
If the NT EPA refuses to accept a referral of a significant variation for a strategic assessment, it may accept the referral as a referral for a standard assessment.

221Ground for refusal to accept referral as approval holder initiated EIS referral

(1)
Without limiting regulation 219 or 220, the NT EPA may refuse to accept a referral of a significant variation as an approval holder initiated EIS referral if the NT EPA considers that an assessment by environmental impact statement is unlikely to be required for the significant variation.
(2)
If the NT EPA refuses to accept a referral of a significant variation as an approval holder initiated EIS referral, it may accept the referral as a referral for a standard assessment or strategic assessment.

222Notice to approval holder of decision

(1)
The NT EPA must give notice of a decision under regulation 216, 217 or 218 to the approval holder.
(2)
The notice of decision must contain the following information:
- (a)
  a statement that the referral of a significant variation has been accepted or refused;
- (b)
  the name of the approval holder;
- (c)
  the name of the action or strategic proposal;
- (d)
  the nature of the proposed significant variation.
(3)
If the NT EPA refuses to accept a referral of a significant variation, the NT EPA must give the approval holder a statement of reasons for the decision.
(4)
The notice of decision and, if the decision is to refuse to accept the referral of the significant variation, the statement of reasons must be given to the approval holder as soon as practicable after the decision is made.

223Publication of documents

(1)
The NT EPA must publish the following as soon as practicable after the decision is made:
- (a)
  the notice of decision;
- (b)
  if the decision is to refuse to accept the referral – a statement of reasons for the decision.
(2)
If the referral is accepted, the NT EPA must also publish the following as soon as practicable after the decision is made:
- (a)
  a copy of the referral of the significant variation;
- (b)
  any direction given under regulation 214;
- (c)
  any additional information given in response to the direction given under regulation 214;
- (d)
  for an accepted approval holder initiated EIS referral – the draft terms of reference and statement of reasons provided under regulation 215.
224Public consultation
(1)
If a referral of a significant variation is accepted, the NT EPA must publish a notice:
- (a)
  advising where the documents mentioned in regulation 223 may be inspected and obtained; and
- (b)
  inviting interested persons to make a submission to the NT EPA on the referral of the significant variation within the period specified in the notice.
(2)
The submission period must be:
- (a)
  for a referral of a significant variation relating to a standard assessment that is not an accepted approval holder initiated EIS referral – 20 business days after the date of the notice; or
- (b)
  for a referral of a significant variation relating to a standard assessment that is an accepted approval holder initiated EIS referral – 30 business days after the date of the notice; or
- (c)
  for a referral of a significant variation relating to a strategic assessment that is not an accepted approval holder initiated EIS referral – 30 business days after the date of the notice; or
- (d)
  for a referral of a significant variation relating to a strategic assessment that is an accepted approval holder initiated EIS referral – 40 business days after the date of the notice.
225Consultation with government authorities
If a referral of a significant variation is accepted, the NT EPA must:
- (a)
  give a copy of the documents mentioned in regulation 223 to any government authority that the NT EPA considers may have a view on the referral; and
- (b)
  invite the government authority to make a submission to the NT EPA about the referral within the submission period specified in the notice under regulation 224.
Subdivision 3Consideration of accepted referral of significant variation

226Matters NT EPA must consider in relation to significant variation

(1)
The NT EPA must consider the following before making a decision or recommendation under regulation 227:
- (a)
  the referral of the significant variation;
- (b)
  any additional information given to the NT EPA under regulation 214;
- (c)
  any submissions received under regulation 224 or 225;
- (d)
  the matters mentioned in subregulation (2).
(2)
In making a decision or recommendation under regulation 227, the NT EPA must consider the following:
- (a)
  whether the potential for significant impact on the environment of the significant variation differs in a material way from the impacts identified in the environmental impact assessment process for the proposed action or strategic proposal;
- (b)
  whether, and the extent to which, the significant variation will result in a substantial change to the type or amount of any output of the proposed action or strategic proposal in a way that significantly changes the potential significant impacts from those identified in the environmental impact assessment process for the proposed action or strategic proposal;
- (c)
  whether the objects of the Act and the purpose of the environmental impact assessment process set out in section 42 of the Act would be undermined if the matters raised in the significant variation were not assessed.
227Decision or recommendation on significant variation
(1)
The NT EPA must consider the significant variation and decide whether:
- (a)
  the environmental impact of the variation can be managed through the existing conditions of the environmental approval; or
- (b)
  the environmental impact of the variation can be managed through amendments to the environmental approval; or
- (c)
  the environmental impacts of the variation are such that a new environmental impact assessment of the variation is required.
(2)
If the NT EPA decides that a new assessment is required for a significant variation, the NT EPA must:
- (a)
  decide:
  - (i)
    that the assessment of the significant variation is to be a standard assessment; and
  - (ii)
    the required method of environmental impact assessment; or
- (b)
  recommend to the Minister:
  - (i)
    that the assessment of the significant variation be a strategic assessment; and
  - (ii)
    the proposed method of environmental impact assessment.
(3)
Regulations 59, 60 and 61 apply to the decision or recommendation on the method of environmental impact assessment.
(4)
A decision or recommendation under subregulations (1) and (2) must be made within 30 business days after the end of the submission period specified in the notice under regulation 224.
(5)
The required period for the NT EPA to make a decision or recommendation under subregulation (1) or (2) ceases to run during any period that the NT EPA carries out a consultation under regulation 60 or 61.

228Notice to approval holder of decision or recommendation

(1)
The NT EPA must give the approval holder:
- (a)
  notice of a decision or recommendation under regulation 227; and
- (b)
  a statement of reasons for the decision or recommendation.
(2)
The notice of decision or recommendation and the statement of reasons must be given as soon as practicable after the decision or recommendation is made.

229Notice of decision or recommendation to be published

The NT EPA must publish the following as soon as practicable after a decision or recommendation is made under regulation 227:

(a)
the notice of decision or recommendation;
(b)
the statement of reasons for the decision or recommendation.

Subdivision 4Implementation of decision on accepted referral of significant variation230Documents to be provided to Minister if environmental impact assessment not required

(1)
If the NT EPA makes a decision under regulation 227(1)(a), the NT EPA must prepare and provide to the Minister:
- (a)
  a statement setting out the decision; and
- (b)
  the statement of reasons for the decision.
(2)
If the NT EPA makes a decision under regulation 227(1)(b), the NT EPA must prepare and provide to the Minister:
- (a)
  the following:
  - (i)
    a statement setting out the decision;
  - (ii)
    the statement of reasons for the decision; and
- (b)
  a draft amended environmental approval containing the amendments recommended by the NT EPA.
(3)
The statements and the draft amended environmental approval must be provided to the Minister within 30 business days after the relevant decision is made under regulation 227.
(4)
The required period for the NT EPA to provide a document mentioned in subregulation (1) or (2) ceases to run during any period that the NT EPA carries out a consultation under regulation 233 in relation to the draft amended environmental approval.

231New assessment for significant variation

(1)
This regulation applies if the NT EPA makes a decision under regulation 227(1)(c) in relation to a significant variation.
(2)
Subject to subregulations (3) and (4), the NT EPA must carry out an assessment of the significant variation.
(3)
If the NT EPA recommends to the Minister that the assessment of the significant variation be a strategic assessment, Part 4, Division 4 applies, with the necessary changes, as if the variation were a strategic proposal.
(4)
Subject to regulation 232, Parts 5 and 6 apply, with the necessary changes, to the assessment of the significant variation as if:
- (a)
  the variation were a proposed action or strategic proposal; and
- (b)
  any reference to the proponent were a reference to the approval holder.
232Application of Part 5 if draft terms of reference for variation already published
(1)
This regulation applies if:
- (a)
  the NT EPA has determined under regulation 227(2) or Part 4, Division 4 that the new assessment of a significant variation is to be an assessment by environmental impact statement; and
- (b)
  draft terms of reference for the significant variation were published under regulation 223.
(2)
Except as set out in subregulation (5), regulations 98(1), (3) and (4) and 100 to 104 do not apply to the draft terms of reference for the significant variation.
(3)
After considering any submissions received under regulations 224 and 225 in relation to the draft terms of reference published under regulation 223, the NT EPA may:
- (a)
  approve the draft terms of reference for the new assessment of the significant variation; or
- (b)
  approve the draft terms of reference for the new assessment of the significant variation with any changes the NT EPA considers appropriate; or
- (c)
  refuse to approve the draft terms of reference.
(4)
The NT EPA must make the decision on the draft terms of reference within 35 business days after the end of the submission period specified in the notice under regulation 224.
(5)
If the NT EPA refuses to approve the draft terms of reference for an assessment under subregulation (3), the NT EPA must prepare terms of reference for the assessment under regulation 98(1).
(6)
Regulations 105 and 106 apply to a decision under subregulation (3) on the draft terms of reference as if it were a decision under regulation 104(1), (3) or (4).

233Consultation on draft amended environmental approval

(1)
This regulation applies to the preparation of a draft amended environmental approval mentioned in regulation 230(2)(b).
(2)
The NT EPA must:
- (a)
  consult with the approval holder on the amendments in the draft amended environmental approval; and
- (b)
  invite the approval holder to make a submission to the NT EPA on the matters on which the approval holder is consulted.
(3)
The NT EPA must:
- (a)
  make reasonable efforts to obtain the views of the following:
  - (i)
    any statutory decision-maker that the NT EPA considers may have a view on the amendments in the draft amended environmental approval;
  - (ii)
    in relation to any amendments in the draft amended environmental approval that affect or include conditions relating to a potential health impact of an action – the Chief Health Officer;
  - (iii)
    in relation to any amendments in the draft amended environmental approval that affect or include conditions relating to a potential impact of an action on a social or cultural matter – the relevant government authority; and
- (b)
  invite each entity consulted under paragraph (a) to make a submission on the matters on which the entity is consulted.
(4)
The NT EPA must specify a period for submissions under subregulations (2) and (3).
(5)
The NT EPA must consider any submissions made under subregulation (2) or (3) within the submission period on the relevant matters.

Part 8Environment protection bonds 234Claim on environment protection bond

(1)
For section 131(2) of the Act, if the Minister or the CEO intends to make a claim on an environment protection bond, the Minister or CEO must give the approval holder a written notice including:
- (a)
  the reason for making the claim; and
- (b)
  the amount of the bond that is to be claimed.
(2)
The approval holder may make submissions to the Minister or the CEO, as the case requires, in relation to the matters in the notice within the period specified in the notice.
(3)
The submission period must be not less than 10 business days after the date of the notice.
(4)
The Minister or the CEO may make a claim on the environment protection bond if the Minister or CEO has:
- (a)
  given the approval holder a notice under subregulation (1); and
- (b)
  considered any submission made by the approval holder within the submission period; and
- (c)
  notified the approval holder of the decision to make a claim on the bond.
(5)
If the amount of bond is less than the reasonable costs and expenses incurred by the Minister or the CEO to which the claim applies, the recovery of an amount of bond does not prevent the Minister or CEO from recovering the remaining costs and expenses from the approval holder.

Part 9Registration of environmental auditors and environmental practitionersDivision 1Preliminary matters 235Meaning of

In determining under this Part whether a person is or is not a fit and proper person to be registered as an environmental auditor or an environmental practitioner, the CEO may have regard to:

(a)
whether there are reasonable grounds to believe that the person:
- (i)
  has contravened a law of the Territory or another jurisdiction that relates to the physical or biological environment, including matters relating to pollution, biodiversity, natural resources, planning, development or waste; or
- (ii)
  has contravened a law of the Territory or another jurisdiction that relates to heritage, health or cultural matters, including matters relating to sacred sites; or
- (iii)
  has committed an offence against any law of the Territory or another jurisdiction that involves an element of fraud or dishonesty; or
- (iv)
  has behaved or is likely to behave in a way that is inconsistent with the individual’s duties as a registered environmental auditor or registered environmental practitioner; and
(b)
whether, in the CEO’s opinion, the person is of good repute, having regard to character, honesty and integrity; and
(c)
any other matters the CEO considers relevant.

236Determinations of CEO

(1)
For the purposes of this Part, the CEO may determine classes of environmental auditors and environmental practitioners.
(2)
The CEO may determine requirements and qualifications for registration as:
- (a)
  an environmental auditor in a particular class; or
- (b)
  an environmental practitioner in a particular class.
(3)
The CEO may determine the kinds of environmental audit that a class of registered environmental auditors is authorised to carry out.
(4)
The CEO may determine the kinds of environmental work that a class of registered environmental practitioners is authorised to carry out.
(5)
The CEO must publish any determination under this regulation.

Division 2Registration and renewal of registration 237Application for registratio

(1)
An individual may apply for registration as an environmental auditor or an environmental practitioner.
(2)
An application for registration as an environmental auditor or an environmental practitioner must:
- (a)
  be made in the manner and form determined by the CEO; and
- (b)
  specify the class of registration applied for; and
- (c)
  contain the information required by the CEO; and
- (d)
  be accompanied by the prescribed fee.
(3)
The CEO may, by written notice, require an applicant to give the CEO any further information the CEO requires to determine the application.
(4)
The applicant must give the information within the period specified in the notice.

238Grant of registration

The CEO may grant a registration as an environmental auditor in a particular class if the CEO is satisfied that the applicant:

(a)
meets the requirements and qualifications for registration as an environmental auditor in that class; and
(b)
is a fit and proper person to be registered; and
(c)
has complied with the requirements of regulation 237.

239Grant of registration as environmental practitioner

The CEO may grant a registration as an environmental practitioner in a particular class if the CEO is satisfied that the applicant:

(a)
meets the requirements and qualifications for registration as an environmental practitioner in that class; and
(b)
is a fit and proper person to be registered; and
(c)
has complied with the requirements of regulation 237.

240Show cause process

(1)
The CEO must not make a decision to refuse to grant registration as an environmental auditor or an environmental practitioner under regulation 238 or 239 unless the CEO has first complied with this regulation.
(2)
The CEO must give written notice (a show cause notice) to the applicant:
- (a)
  stating the CEO’s intention to refuse to grant registration; and
- (b)
  asking the applicant to show cause why the registration should be granted.
(3)
The show cause notice must specify the date by which the applicant may show cause.
(4)
The date specified in the show cause notice must be not less than 10 business days after the date of the notice.
(5)
The CEO must consider any response given by the applicant to the show cause notice in making a decision under regulation 238 or 239.

241Notice of registration

If the CEO grants registration as an environmental auditor or an environmental practitioner, the CEO must give the applicant written notice of the following:

(a)
the grant of registration;
(b)
any conditions to which the registration is subject;
(c)
for registration as an environmental auditor – the kinds of environmental audit the registered environmental auditor is authorised to carry out;
(d)
for registration as an environmental practitioner – the kinds of environmental work the registered environmental practitioner is authorised to carry out;
(e)
the period of registration.

242Conditions of registration

(1)
The CEO may impose conditions on the registration of an environmental auditor or an environmental practitioner:
- (a)
  on the grant or renewal of registration; or
- (b)
  at any time during the period of registration.
(2)
The CEO may at any time during the period of registration, by written notice to the environmental auditor or environmental practitioner, vary or revoke a condition of the registration.
(3)
An imposition, variation or revocation of a condition of registration during the period of registration takes effect on the later of:
- (a)
  the date specified in the notice under subregulation (2); or
- (b)
  the date the written notice is given to the environmental auditor or environmental practitioner under subregulation (2).
243Application for renewal of registration
(1)
A registered environmental auditor or registered environmental practitioner may apply to the CEO for renewal of registration.
(2)
An application for renewal of registration must:
- (a)
  be made in the manner and form determined by the CEO; and
- (b)
  contain the information required by the CEO; and
- (c)
  be made within any period determined by the CEO under subregulation (3); and
- (d)
  be accompanied by the prescribed fee.
(3)
The CEO may determine the period within which applications for renewal of registration must be made.
(4)
The CEO must publish a determination under subregulation (3).
(5)
The CEO may, by written notice, require the applicant to give the CEO any further information the CEO requires to determine the application.
(6)
The applicant must give the information within the period specified in the notice.

244Grant of renewal of registration

The CEO may grant a renewal of registration as an environmental auditor or an environmental practitioner to an applicant if the CEO is satisfied that the applicant:

(a)
meets the requirements and qualifications for registration in that class of environmental auditor or environmental practitioner, as the case requires; and
(b)
is a fit and proper person to be registered; and
(c)
has complied with the requirements of regulation 243.

245Show cause process

(1)
The CEO must not make a decision to refuse to grant a renewal of registration as an environmental auditor or environmental practitioner under regulation 244 unless the CEO has first complied with this regulation.
(2)
The CEO must give written notice (a show cause notice) to the applicant:
- (a)
  stating the CEO’s intention to refuse to grant renewal of registration; and
- (b)
  asking the applicant to show cause why the registration should be renewed.
(3)
The show cause notice must specify the date by which the applicant may show cause.
(4)
The date specified in the show cause notice must be not less than 10 business days after the date of the notice.
(5)
The CEO must consider any response given by the applicant to the show cause notice in making a decision under regulation 244.

246Notice of renewal of registration

If the CEO grants a renewal of registration, the CEO must give the applicant for renewal written notice of the following:

(a)
the grant of renewal of registration;
(b)
any conditions to which the renewed registration is subject;
(c)
for renewal of registration as an environmental auditor – the kinds of environmental audit the registered environmental auditor is authorised to carry out;
(d)
for renewal of registration as an environmental practitioner – the kinds of environmental work the registered environmental practitioner is authorised to carry out;
(e)
the period of the renewed registration.

Division 3Suspension or revocation of registration 247Suspension or revocation of registration

(1)
The CEO may suspend or revoke the registration of a person as an environmental auditor or an environmental practitioner if:
- (a)
  the CEO is satisfied that the person does not meet the requirements and qualifications for that registration; or
- (b)
  the CEO is satisfied that the individual is not a fit and proper person to be registered as an environmental auditor or an environmental practitioner; or
- (c)
  the person has contravened:
  - (i)
    the Act; or
  - (ii)
    the conditions or requirements of registration; or
- (d)
  the registration of the person as an environmental auditor or an environmental practitioner (however described) in another jurisdiction has been suspended or revoked on a ground similar to a ground in this subregulation; or
- (e)
  the person gave false or misleading information in an application for registration or renewal of registration as an environmental auditor or an environmental practitioner; or
- (f)
  the suspension or revocation of the registration is justified having regard to:
  - (i)
    the quality of the person’s work as an environmental auditor or an environmental practitioner; or
  - (ii)
    any other matter the CEO considers relevant to the person’s suitability for registration.
(2)
The CEO may revoke the registration of an environmental auditor or environmental practitioner that is suspended.

248Show cause process

(1)
The CEO must not make a decision to suspend or revoke the registration of a person as an environmental auditor or environmental practitioner under regulation 247 unless the CEO has first complied with this regulation.
(2)
The CEO must give written notice (a show cause notice) to the registered environmental auditor or registered environmental practitioner:
- (a)
  stating the CEO’s intention to suspend or revoke the registration; and
- (b)
  asking the registered environmental auditor or registered environmental practitioner to show cause why the registration should not be suspended or revoked.
(3)
The show cause notice must specify the date by which the registered environmental auditor or registered environmental practitioner may show cause.
(4)
The date specified in the show cause notice must be not less than 10 business days after the date of the notice.
(5)
The CEO must consider any response given by the registered environmental auditor or registered environmental practitioner to the show cause notice in making a decision under regulation 247.

249Notice of suspension

(1)
If the CEO suspends the registration of a person as an environmental auditor or an environmental practitioner under regulation 247, the CEO must give written notice to the person that the registration is suspended:
- (a)
  for a specified period; or
- (b)
  until conditions specified by the CEO are complied with; or
- (c)
  until further notice by the CEO.
(2)
A notice of a suspension under subregulation (1)(b) must state that the person’s registration will be reinstated as soon as practicable after the person has complied with the specified conditions.

250Notice of revocation

If the CEO revokes the registration of a person as an environmental auditor or an environmental practitioner under regulation 247, the CEO must give written notice to the person of that revocation and the reasons for the revocation.

251When suspension or revocation has effect

(1)
A suspension of registration has effect:
- (a)
  for the period specified by the CEO; or
- (b)
  for a suspension notified under regulation 249(1)(b) or (c) – for the period beginning on the date of the notice and ending when the CEO notifies the environmental auditor or environmental practitioner that the registration has been reinstated.
(2)
A revocation of registration takes effect on the date specified in the notice under regulation 250.

Division 4Review of decisions 252Review by

For section 277 of the Act and the Schedule to the Act, the reviewable decisions and affected persons set out in Schedule 1 are prescribed.

Division 5Registers 253Register of environmental auditors

(1)
The CEO must maintain a public register of environmental auditors.
(2)
The register must:
- (a)
  identify each registered environmental auditor; and
- (b)
  specify for each registered environmental auditor:
  - (i)
    the class of registration; and
  - (ii)
    the kinds of environmental audit that the auditor is authorised to carry out.
(3)
The CEO may adopt the register of environmental auditors (however described) of another jurisdiction to form part of the public register of environmental auditors.
(4)
A person registered on a register adopted under subregulation (3) is taken to be an environmental auditor registered under this Part.
(5)
A person registered as an environmental auditor under the Waste Management and Pollution Control Act 1998 is taken to be an environmental auditor registered under this Part.
(6)
If a person is taken to be registered as an environmental auditor under subregulation (4) or (5), the registration of the person under this Part:
- (a)
  is subject to any conditions imposed from time to time on the registration of the person under the law of the other jurisdiction or under the Waste Management and Pollution Control Act 1998 (as the case requires); and
- (b)
  is taken to be suspended or revoked if the registration of the person under the law of the other jurisdiction or under the Waste Management and Pollution Control Act 1998 is suspended or revoked.
254Register of environmental practitioners
(1)
The CEO must maintain a public register of environmental practitioners.
(2)
The register must:
- (a)
  identify each registered environmental practitioner; and
- (b)
  specify for each registered environmental practitioner:
  - (i)
    the class of registration; and
  - (ii)
    the kinds of environmental work that the practitioner is authorised to carry out.
(3)
The CEO may adopt the register of environmental practitioners (however described) of another jurisdiction to form part of the public register of environmental practitioners.
(4)
A person registered on a register adopted under subregulation (3) is taken to be an environmental practitioner registered under this Part.
(5)
If a person is taken to be registered as an environmental practitioner under subregulation (4), the registration of the person under this Part:
- (a)
  is subject to any conditions imposed from time to time on the registration of the person under the law of the other jurisdiction; and
- (b)
  is taken to be suspended or revoked if the registration of the person under the law of the other jurisdiction is suspended or revoked.
Part 10Notice of environmental incidents

255Relevant information to be given

(1)
For Part 9, Division 8 of the Act, the relevant information about an incident required to be notified to the CEO consists of the following:
- (a)
  the time, date, nature, duration and location of the incident;
- (b)
  the location of the place where the environmental harm is occurring or is likely to occur;
- (c)
  the nature, the estimated quantity or volume and the concentration of any pollution involved;
- (d)
  the circumstances in which the incident occurred (including the cause of the incident, if known);
- (e)
  the action taken or proposed to be taken to deal with the incident and any resulting environmental harm, if known.
(2)
The information required to be given by this regulation is the information known to the person notifying the incident when the notice is required to be given.
(3)
If the information required by subregulation (1)(c), (d) or (e) to be included in a notice of an incident is not known to that person when the initial notification is made but becomes known afterwards, that information must be notified immediately after it becomes known.
(4)
Subject to subregulation (5), a notice must be given in writing.
(5)
In an emergency, notice of an incident may be given by:
- (a)
  notifying the CEO orally of the required information; and
- (b)
  giving the CEO a written notice containing the required information within 24 hours after the oral notice is given.
(6)
A notice is given to the CEO if it is given to a person nominated by the CEO under this regulation to receive notices on the CEO’s behalf.
(7)
In this regulation:
pollution, see section 4(1) of the Waste Management and Pollution Control Act 1998.

Part 11Infringement notice offences 256Infringement notice offence and prescribed amount payable

(1)
An infringement notice offence is an offence against a provision specified in Schedule 2.
(2)
The prescribed amount for an infringement notice offence (other than an environmental offence) is the amount equal to the monetary value of the number of penalty units specified for the offence in Schedule 2.
Note for regulation 256
The Environmental Penalties and Offences Act 1996 sets out the infringement penalties for environmental offences.

257When infringement notice may be

If an environmental officer believes on reasonable grounds a person has committed an infringement notice offence, the environmental officer may give a notice (an infringement notice) to the person.

258Contents of infringement notice

(1)
The infringement notice must specify the following:
- (a)
  the name and address of the person, if known;
- (b)
  the date the infringement notice is given to the person;
- (c)
  the date and time of the infringement notice offence and the place at which the infringement offence occurred;
- (d)
  a description of the offence;
- (e)
  for an environmental offence – the penalty payable in accordance with section 8 of the Environmental Offences and Penalties Act 1996;
- (f)
  for any other offence – the prescribed amount payable for the offence;
- (g)
  the enforcement agency, as defined in the Fines and Penalties (Recovery) Act 2001, to which the penalty or prescribed amount is payable.
(2)
The infringement notice must include a statement to the effect of the following:
- (a)
  the person may expiate the infringement notice offence and avoid any further action in relation to the offence by paying the prescribed amount to the specified enforcement agency within 28 days after the notice is given;
- (b)
  the person may elect under section 21 of the Fines and Penalties (Recovery) Act2001 to have the matter dealt with by a court instead of under that Act by completing a statement of election and giving it to the specified enforcement agency;
- (c)
  if the person does nothing in response to the notice, enforcement action may be taken under the Fines and Penalties (Recovery) Act 2001.
(3)
Also, the infringement notice must include an appropriate form for making the statement of election mentioned in subregulation (2)(b).

259Electronic payment and payment by cheque

(1)
If the person uses electronic means to pay the prescribed amount, payment is not effected until the amount is credited to the enforcement agency’s bank account.
(2)
If the person tenders a cheque in payment of the prescribed amount, payment is not effected unless the cheque is cleared on first presentation.

260Withdrawal of infringement notice

(1)
The CEO may withdraw the infringement notice by written notice given to the person.
(2)
The notice must be given:
- (a)
  within 28 days after the infringement notice is given to the person; and
- (b)
  before payment of the prescribed amount.
261Application of Part
(1)
This Part does not prejudice or affect the start or continuation of proceedings for an infringement notice offence for which an infringement notice has been given unless the offence is expiated.
(2)
Also, this Part does not:
- (a)
  require an infringement notice to be given; or
- (b)
  affect the liability of a person to be prosecuted in a court for an offence for which an infringement notice has not been given; or
- (c)
  prevent more than one infringement notice for the same offence being given to a person.
(3)
If more than one infringement notice for the same offence has been given to a person, the person may expiate the offence by paying the prescribed amount in accordance with any of the notices.

Part 12General mattersDivision 1Documents and informationSubdivision 1Referral and assessment documents262Definition

In this Subdivision:

referral and assessment documents means:

(a)
a referral of a proposed action or strategic proposal to which Part 4 applies; or
(b)
a document required to be prepared by the proponent or approval holder under Part 5 or 7; or
(c)
a notice of significant variation under Part 7, Division 1 or 2; or
(d)
a referral of a significant variation under Part 7, Division 3; or
(e)
any information required to be provided by the proponent or approval holder to the NT EPA under Part 4, 5 or 7.

263Document and information requirements

(1)
The NT EPA may, by Gazette notice, determine requirements for:
- (a)
  the form and content of referral and assessment documents; and
- (b)
  referral or assessment documents to be prepared or certified by a registered environmental practitioner who is registered in relation to environmental work of a kind specified in the determination.
(2)
A proponent or approval holder must comply with any applicable requirements determined under subregulation (1).

264Proponent or approval holder to have regard to objectives in preparing documents

A proponent or approval holder must have regard to the environmental objectives in preparing the following:

(a)
a referral of a proposed action or strategic proposal to which Part 4 applies;
(b)
a notice of significant variation under Part 7, Division 1 or 2;
(c)
a referral of a significant variation under Part 7, Division 3.

Subdivision 2Submissions265Form of submissions to NT EPA

A submission to the NT EPA under these Regulations may be made:

(a)
in writing; or
(b)
orally in person or by audio or audio-visual communication or recording; or
(c)
in any other manner approved by the NT EPA.

266NT EPA to give copies of submissions to proponent or approval holder

Subject to regulations 152, 268 and 269, the NT EPA must give a proponent or approval holder under an environmental impact assessment process:

(a)
a copy of all written submissions the NT EPA receives during the environmental impact assessment process; and
(b)
a statement of the substance of each oral submission the NT EPA receives during the environmental impact assessment process.

267Publication of submissions received during assessment process

Subject to regulations 152, 268 and 269, the NT EPA must publish all submissions it receives during an environmental impact assessment process as soon as practicable after they are received.

268Publication relating to form response or petition

(1)
If the NT EPA receives a number of submissions in the form of a form response prepared by a body or organisation, it is sufficient for the NT EPA to publish:
- (a)
  at least one of the submissions or the substance of one of the submissions; and
- (b)
  the total number of submissions received.
(2)
If the NT EPA receives a submission in the form of a petition, it is sufficient for the NT EPA to publish:
- (a)
  the substance or intent of the petition; and
- (b)
  the total number of persons who signed the petition.
269Request not to publish submission
(1)
A person making a submission, other than the proponent or a person acting on behalf of the proponent, may request that the submission or part of the submission not be published.
(2)
On receipt of a request under subregulation (1), the NT EPA may:
- (a)
  withhold the submission or part of the submission from publication; or
- (b)
  remove any identifying information from the submission before publication.
(3)
The NT EPA must give a copy of the submission to the proponent after removing any identifying information under subregulation (2)(b).

Subdivision 3Prescribed documents270Prescribed documents

For section 153 of the Act, the following documents are prescribed:

(a)
any direction to carry out an environmental audit under section 142 of the Act;
(b)
any amendment to a direction under section 142 of the Act that changes the scope of the audit;
(c)
the environmental audit report under section 144 of the Act;
(d)
an authorisation under section 147 of the Act;
(e)
the declarations required under section 150 of the Act;
(f)
a document detailing:
- (i)
  any sampling or monitoring program conducted for the purposes of undertaking the environmental audit; and
- (ii)
  the results of any sampling, monitoring or analysis;
(g)
any monitoring, remediation or management plans (however described) prepared in response to the recommendations contained in the environmental audit report.

Subdivision 4Confidential information271Confidential information

For section 281 of the Act, an application must be in the approved form.

Division 2Specified periods and extensions of specified periodsSubdivision 1Extension of specified period for proponent or approval holder272Definition

In this Subdivision:

specified period means:

(a)
an assessment period specified under regulation 99; or
(b)
any other specified period within which a proponent or approval holder is required under these Regulations to prepare a document or information or provide a document or information to the NT EPA.

273Application for extension of specified period

The proponent or approval holder may apply to the NT EPA for an extension of a specified period.

274Decision on application for extension

(1)
On an application under regulation 273, the NT EPA may:
- (a)
  extend the specified period for the period applied for; or
- (b)
  extend the specified period for a period determined by the NT EPA; or
- (c)
  refuse to extend the specified period.
(2)
The NT EPA may extend an assessment period under subregulation (1):
- (a)
  with the same terms of reference; or
- (b)
  if a ground in regulation 107 applies – with amended terms of reference.
(3)
The NT EPA must make a decision under subregulation (1) within 10 business days after receiving the application under regulation 273.
(4)
The NT EPA may only extend a specified period under this regulation if the NT EPA reasonably considers that the extension of the period is:
- (a)
  necessary to meet the objects of the Act; and
- (b)
  in the case of a period relating to an environmental impact assessment process – consistent with the purpose of the assessment process under section 42 of the Act.
(5)
The NT EPA must not unreasonably refuse to extend the specified period.
(6)
If, under this regulation, the NT EPA extends a specified period, that specified period as extended is taken to be that specified period under these Regulations.
(7)
Part 5, Division 3, Subdivision 2 applies to an amendment of the terms of reference mentioned in subregulation (2)(b) as if a reference to a decision under regulation 107 were a reference to a decision under subregulation (1).
(8)
The extension of a specified period does not prevent the NT EPA from terminating an environmental impact assessment process under regulation 92, but the NT EPA must take the extension into account in considering whether to terminate the assessment process.

275Statement of reasons

The NT EPA must prepare a statement of reasons for a decision under regulation 274.

276Notice to proponent or approval holder of decision

(1)
The NT EPA must give the proponent or approval holder:
- (a)
  notice of a decision under regulation 274; and
- (b)
  the statement of reasons for the decision.
(2)
The notice of decision and statement of reasons must be given as soon as practicable after the decision is made.
(3)
If the specified period is extended under regulation 274, the notice of decision must include the period of the extension.

277Notice of decision

The NT EPA must publish the following as soon as practicable after the decision is made under regulation 274:

(a)
the notice of decision;
(b)
the statement of reasons for the decision.

Subdivision 2Required period for NT EPA to do thing278Extension of period for NT EPA or inquiry panel to do thing

(1)
This regulation applies if the NT EPA or an inquiry panel is required under these Regulations to make a decision or to do another thing within a specified period.
(2)
The NT EPA, after consulting the proponent or approval holder, may extend the specified period.
(3)
The NT EPA may only extend a specified period under this regulation if the NT EPA reasonably considers that the extension of the specified period is:
- (a)
  necessary to meet the objects of the Act; and
- (b)
  in the case of a period relating to an environmental impact assessment process – consistent with the purpose of the assessment process under section 42 of the Act.
(4)
The NT EPA may only extend the period for giving a direction under regulation 40, 164, 194 or 214 to a period of 15 business days after the NT EPA receives the referral or the notice of significant variation or referral of a significant variation (as the case requires).
(5)
If, under this regulation, the NT EPA extends a specified period to make a decision or do another thing, that specified period as extended is taken to be the specified period under these Regulations to make the decision or do the thing.

279Failure of NT EPA to make decision or give direction within specified time

A failure of the NT EPA to make a decision or give a direction under these Regulations within a specified time does not invalidate the decision or direction.

Division 3Costs and fees 280Recovery of costs

(1)
The CEO may recover from the proponent or the approval holder (as the case requires):
- (a)
  the costs of the engagement by the NT EPA of a person or body under regulation 86 to give advice in relation to an environmental impact assessment process; and
- (b)
  the costs of an inquiry panel in relation to an environmental impact assessment process; and
- (c)
  any other costs (including notification and publication costs) incurred by the NT EPA for and during an environmental impact assessment process.
(2)
The CEO may recover the costs as a debt payable to the Territory.
(3)
The NT EPA may suspend an environmental impact assessment process under these Regulations during any period that an amount due under subregulation (1) in relation to that assessment remains unpaid.
(4)
The required period for the NT EPA to take any step during an environmental impact assessment process ceases to run during a suspension under subregulation (3).
(5)
The NT EPA must recommence the environmental impact assessment process, suspended under subregulation (3), within 2 business days after the amount due under subregulation (1) is paid.

281Fees and charges not refunded

If an environmental impact assessment process is terminated under these Regulations or the proponent or approval holder withdraws from the assessment process:

(a)
any fees or charges paid are not refundable; and
(b)
any outstanding fees and charges may be recovered by the CEO as a debt payable to the Territory.

Division 4Public register 282Public register

(1)
For section 284(3) of the Act, the CEO must include the following information in the public register:
- (a)
  all information provided by the proponent or the approval holder to the NT EPA during an environmental impact assessment process;
- (b)
  any reports or other information obtained by the NT EPA in accordance with regulation 86;
- (c)
  any assessment report prepared by the NT EPA under Part 6 of these Regulations;
- (d)
  any call-in notice given by the NT EPA under section 53 of the Act;
- (e)
  any stop work notice issued by the NT EPA under section 194 of the Act;
- (f)
  any environmental approval granted by the Minister under the Act;
- (g)
  any statement of unacceptable impact accepted by the Minister under the Act;
- (h)
  any statement of reasons for a decision made by the Minister, CEO or NT EPA under the Act;
- (i)
  any report submitted by an approval holder under an environmental approval;
- (j)
  any report of an environmental audit provided under the Act;
- (k)
  any environment protection notice issued under Part 9, Division 2 of the Act except an emergency environment protection notice issued under section 182 or 183 of the Act;
- (l)
  any closure notice issued by the Minister under section 199 of the Act;
- (m)
  any closure certificate issued by the Minister under section 213 of the Act;
- (n)
  any emergency authorisation issued by the CEO under section 223 of the Act;
- (o)
  any incident notified under section 225 of the Act.
(2)
Subregulation (1) does not apply to any confidential information withheld from publication under section 282 of the Act or these Regulations.

Schedule 1Reviewable decisions and affected persons

regulation 252

Reviewable decision	Affected person
A decision of the CEO to refuse an application for registration as an environmental auditor or an environmental practitioner under regulation 238 or 239	The applicant for registration
A decision of the CEO to impose or vary a condition of registration as an environmental auditor or an environmental practitioner under regulation 242	The person on whose registration the condition is imposed
A decision of the CEO to refuse to renew a registration as an environmental auditor or an environmental practitioner under regulation 244	The applicant for renewal of registration
A decision of the CEO to suspend a registration as an environmental auditor or an environmental practitioner under regulation 247	The person whose registration is suspended
A decision of the CEO to revoke a registration as an environmental auditor or an environmental practitioner under regulation 247	The person whose registration is revoked

Schedule 2Infringement notice offences and prescribed amounts

regulation 256(1) and (2)

Environment Protection Act 2019
Environmental offences
sections 34(4) and (5), 40(4), 41(4), 89(4), 117(4), 145(1), 154(2), 191(4), 198(4), 208(1) and 228(3) and (4)
Other offences
Provision	Prescribed amount in penalty units
for individual	for body corporate
sections 54(1), 155(1), 157(1) and 173(1)	20	100
section 146(1)	10	50
sections 169(1), 189(1), 206(1) and 287(1)	2	10

ENDNOTES

1
KEY

Key to abbreviations

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

2
LIST OF LEGISLATION

Environment Protection Regulations 2020 (SL No. 6, 2020)
Notified	15 April 2020
Commenced	28 June 2020 (r 2, s 2 Environment Protection Act 2019 (Act No. 31, 2019) and Gaz G17, 29 April 2020, p 2)
Statute Law Revision Act 2020 (Act No. 26, 2020)
Assent date	19 November 2020
Commenced	20 November 2020 (s 2)

3
LIST OF AMENDMENTS

r 107 amd Act No. 26, 2020, r 3

r 233 amd Act No. 26, 2020, r 3