State Development and Public Works Organisation Amendment Regulation (No. 1) 2001 (Qld)

Queensland Subordinate Legislation 2001 No. 137 State Development and Public Works Organisation Act 1971 STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION AMENDMENT REGULATION (No. 1) 2001 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Insertion of new pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 PART 5—ENVIRONMENTAL COORDINATION 13 Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 14 Application of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 15 Coordinator-General’s public notification about terms of reference and EIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 16 Other matters about EIS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 17 Coordinator-General’s report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4 Insertion of new schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 SCHEDULE MATTERS TO BE ADDRESSED BY ASSESSMENT

s1 2 s3 State Development and Public Works Organisation No. 137, 2001 Amendment Regulation (No. 1) 2001 1 Short title This regulation may be cited as the State Development and Public Works Organisation Amendment Regulation (No. 1) 2001 . 2 Regulation amended This regulation amends the StateDevelopmentandPublicWorksOrganisation Regulation 1999 . 3 Insertion of new pt 5 After part 4— insert— ‘PART 5—ENVIRONMENTAL COORDINATION ‘13 Definitions for pt 5 ‘In this part— “Commonwealth Environment Act” means the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth). “Commonwealth Minister” means the Minister of the Commonwealth responsible for administering the Commonwealth Environment Act. “controlling provision” , for a project, means a provision of the Commonwealth Environment Act, chapter 2, part 3, decided by the Commonwealth Minister as a controlling provision for the project under that Act, chapter 4, part 7, division 2. “designated proponent” , for a project, means the person designated as a proponent for the action the subject of the project under the Commonwealth Environment Act, section 75(3). “EIS process” means the process in part 4, division 3 of the Act. “relevant impacts” has the meaning given by the Commonwealth Environment Act, section 82. ‘14 Application of pt 5 ‘ (1) This part applies to a project only if—

s3 3 s3 State Development and Public Works Organisation No. 137, 2001 Amendment Regulation (No. 1) 2001 (a) the project is a significant project under part 4 of the Act; and (b) before or after it becomes a significant project, either of the following apply— (i) the Commonwealth Minister has, under the Commonwealth Environment Act 1 — (A) decided the approach for assessing the relevant impacts of the project is assessment by an accredited assessment process; and (B) given notice of the decision; (ii) the relevant impacts of the project are to be assessed under a bilateral agreement. ‘ (2) Any steps or actions taken in the EIS process after the project becomes a significant project and before the action mentioned in subsection (1)(b)(i) happens are taken to have complied with this part. ‘ (3) In this section— “bilateral agreement” has the meaning given by the Commonwealth Environment Act, section 45(2). 2 1 See the Commonwealth Environment Act, chapter 4, part 8, division 3 (Decision on assessment approach) 2 Commonwealth Environment Act, section 45(2)— ‘ (2) A bilateral agreement is a written agreement between the Commonwealth and a State or a self-governing Territory that: (a) provides for one or more of the following: (i) protecting the environment; (ii) promoting the conservation and ecologically sustainable use of natural resources; (iii) ensuring an efficient, timely and effective process for environmental assessment and approval of actions; (iv) minimising duplication in the environmental assessment and approval process through Commonwealth accreditation of the processes of the State or Territory (or vice versa); and (b) is expressed to be a bilateral agreement.’.

s3 4 s3 State Development and Public Works Organisation No. 137, 2001 Amendment Regulation (No. 1) 2001 ‘15 Coordinator-General’s public notification about terms of reference and EIS ‘ (1) A public notification under section 29(b) or 33(1) 3 of the Act must state each of the following— (a) the project’s title; (b) the proponent’s name; (c) the name of the entity intending to take the action the subject of the project; (d) if the proponent and designated proponent are not the same entity—the designated proponent’s name; (e) a brief description of the project; (f) the location of the project; (g) the protected matters for the project. ‘ (2) A notification mentioned in subsection (1) must be published— (a) in a newspaper circulating throughout Australia; or (b) in each State or Territory in a newspaper circulating generally in the State or Territory. ‘ (3) In this section— “protected matter” means a matter protected by a provision of the Commonwealth Act, part 3, mentioned in section 34 4 of that Act. ‘16 Other matters about EIS ‘ (1) An EIS must address the matters mentioned in the schedule. ‘ (2) The submission period set under section 33(1)(d) of the Act must be at least 28 days starting on the day after the date of the notification under the section. 3 Section 29 (Notice of requirement for EIS and of draft terms of reference) or 33 (Public notification of EIS) of the Act 4 Commonwealth Environment Act, section 34 (What is matter protected by a provision of Part 3?)

s3 5 s3 State Development and Public Works Organisation No. 137, 2001 Amendment Regulation (No. 1) 2001 ‘17 Coordinator-General’s report ‘ (1) A report under section 35(3) of the Act5 must contain the following matters— (a) a description of the following— (i) the project; (ii) the places affected by the project; (iii) the controlling provisions for the project; (b) a summary of the project’s relevant impacts; (c) a description of feasible mitigation measures, changes to the project or procedures, to prevent or minimise the project’s relevant impacts, proposed by the proponent or suggested in relevant submissions; (d) to the extent practicable, a description of feasible alternatives to the project identified in the EIS process, and the likely impact of the alternatives on matters of national environmental significance; (e) a statement of conditions of approval for the project that may be imposed to address impacts, identified in the EIS process, on matters of national environmental significance; (f) a statement of requirements for, and conditions of, approval applying, or proposed to apply, to the project when the report is prepared, including a description of the monitoring, enforcement and review procedures applying, or proposed to apply, to the project. ‘ (2) After completing the report, the Coordinator-General must give a copy of it to the Commonwealth Minister. ‘ (3) In this section— “matters of national environmental significance” means matters of national environmental significance mentioned in the Commonwealth Environment Act, chapter 2, part 3, division 1. 6 5 Section 35 (Coordinator-General evaluates EIS, submissions, other material and prepares report) of the Act 6 Commonwealth Environment Act, chapter 2, part 3, division 1 (Requirements relating to matters of national environmental significance)

s4 6 s4 State Development and Public Works Organisation No. 137, 2001 Amendment Regulation (No. 1) 2001 “relevant submissions” means properly made submissions, or other submissions accepted by the Coordinator-General under section 34 7 of the Act. 4 Insertion of new schedule After part 5— insert— ‘SCHEDULE ‘MATTERS TO BE ADDRESSED BY ASSESSMENT section 16(1) ‘1 General information The background of the project including the following— (a) the project’s title; (b) the designated proponent’s full name and postal address; (c) a clear outline of the project’s objective; (d) the project’s location; (e) the background to the project’s development; (f) how the project relates to any other actions, of which the proponent should reasonably be aware, that have been, or are being, taken or that have been approved in the area affected by the project; (g) the project’s current status; (h) the consequences of not proceeding with the project. ‘2 Description A description of the project, including the following information— 7 Section 34 (Making submissions on EIS) of the Act

s4 7 s4 State Development and Public Works Organisation No. 137, 2001 Amendment Regulation (No. 1) 2001 (a) the project’s components; (b) the precise location of works to be undertaken, structures to be built or components of the project that may have relevant impacts; (c) how the works are to be undertaken and design parameters for aspects of the structures or components of the project that may have relevant impacts; (d) the project’s relevant impacts; (e) proposed safeguards and mitigation measures for dealing with the project’s relevant impacts; (f) any other requirements for, or conditions of, approval applying, or that the proponent reasonably believes are likely to apply, to the project; (g) to the extent reasonably practicable, any feasible alternatives to the project, including the following— (i) if relevant, the alternative of taking no action; (ii) a comparative description of the impacts of each alternative on the matters protected by the controlling provisions for the project; (iii) sufficient detail to clarify why any alternative is preferred to another; (h) any consultation about the project, including the following— (i) consultation taken and any documented response to, or result of, the consultation; (ii) proposed consultation about the project’s relevant impacts; (i) an identification of affected persons, including a statement mentioning any communities that may be affected and describing the communities’ views. ‘3 Relevant impacts Information given under section 2(d) must include the following— (a) a description of the project’s relevant impacts;

s4 8 s4 State Development and Public Works Organisation No. 137, 2001 Amendment Regulation (No. 1) 2001 (b) a detailed assessment of the nature and extent of the likely short term and long term relevant impacts; (c) a statement whether any relevant impacts are likely to be unknown, unpredictable or irreversible; (d) an analysis of the significance of the relevant impacts; (e) any technical data and other information used or needed to make a detailed assessment of the relevant impacts. ‘4 Proposed safeguards and mitigation measures Information given under section 2(e) must include the following— (a) a description, and an assessment of the expected or predicted effectiveness, of the mitigation measures for dealing with the project’s relevant impacts; (b) any statutory or policy basis for the mitigation measures; (c) the cost of the mitigation measures; (d) an outline of an environmental management plan setting out the framework for continuing management, mitigation and monitoring programs for the project’s relevant impacts, including any provision for independent environmental auditing; (e) the name of the entity responsible for endorsing or approving each mitigation measure or monitoring program; (f) a consolidated list of mitigation measures proposed to be undertaken to prevent, minimise or compensate for the project’s relevant impacts, including mitigation measures proposed to be taken by the State, a local government or the proponent. ‘5 Other approvals and conditions (1) Information given under section 2(f) must include the following—

s4 9 s4 State Development and Public Works Organisation No. 137, 2001 Amendment Regulation (No. 1) 2001 (a) details of any planning instrument under the Integrated Planning Act 1997 8 dealing with the project including the following— (i) what environmental assessment of the project has been, or is being, carried out under the planning instrument; (ii) how the planning instrument provides for preventing, minimising and managing the project’s relevant impacts; (b) a description of any approval, other than the Commonwealth approval, obtained from a State or Commonwealth entity, including any approval conditions applying to the project; (c) a statement identifying any other required approval, other than the Commonwealth approval; (d) a description of the monitoring, enforcement and review procedures applying, or proposed to apply, to the project. (2) In this section— “Commonwealth approval” means the Commonwealth Minister’s approval of the action the subject of the project under the Commonwealth Act, chapter, 4, part 9. ‘6 Proponent’s environmental record (1) Details of any proceedings under a law of the Commonwealth or a State for the protection of the environment or the conservation and sustainable use of natural resources (an “environmental law” ) against— (a) the proponent; and (b) the applicant for any permit under an environmental law for the project. (2) If the proponent is a corporation, details of the corporation’s environmental policy and planning framework. ‘7 Information sources The EIS must state the following about information given in the EIS— 8 Integrated Planning Act 1997 , schedule 10 (Dictionary)— “planning instrument” means a State planning policy, planning scheme, temporary local planning instrument or planning scheme policy.

s 4 10 s 4 State Development and Public Works Organisation No. 137, 2001 Amendment Regulation (No. 1) 2001 (a) the source of the information; (b) how recent the information is; (c) how the reliability of the information was tested; (d) any uncertainties in the information.’. ENDNOTES 1. Made by the Governor in Council on 9 August 2001. 2. Notified in the gazette on 10 August 2001. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of State Development. © State of Queensland 2001