Untitled document

Environment Effects (Amendment) Act 2005

Act No. 86/2005

table of provisions

Section  Page

1.Purpose

2.Commencement

3.Definitions

4.Works to which this Act applies

5.Environment Effects Statement

6.Section 5 substituted

5.The Minister may call for supplementary statement

7.Substitution of section 8 and insertion of new sections 8A, 8B, 8C, 8D, 8E, 8F and 8G

8.Advice of Minister as to whether statement required

8A.No decision to be made on works until advice given

8B.Advice of Minister

8C.Decisions not to be made and works not to proceed
until assessment considered

8D.Timeframes for decisions on works changed

8E.Statement may be required if conditions not complied with

8F.Only certain planning decisions affected

8G.Secretary to give advice and assistance

8.Minister may cause inquiries to be held

9.Guidelines

10.Insertion of new section 11

11.Transitional provision—Environment Effects (Amendment) Act 2005

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Endnotes

Environment Effects (Amendment) Act 2005

[Assented to 29 November 2005]

The Parliament of Victoria enacts as follows:

1.Purpose

The purpose of this Act is to amend the Environment Effects Act 1978 to improve the operation of that Act.

2.Commencement

(1)Subject to sub-section (2), this Act comes into operation on a day to be proclaimed.

(2)If this Act does not come into operation before 1 January 2007, it comes into operation on that day.

3.Definitions

(1)In section 2(1) of the Environment EffectsAct 1978, for the definition of "Secretary" substitute—

' "Secretary" means the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987;'.      

(2)Section 2(2) of the Environment Effects Act 1978 is repealed.

4.Works to which this Act applies

(1)In section 3(2) of the Environment Effects Act 1978, for "order" substitute "Order".

(2)After section 3(2) of the Environment Effects Act 1978 insert—

"(3)The Minister must specify in an Order under sub-section (1) the procedures and requirements under the guidelines that are to apply to a statement for the works.".

5.Environment Effects Statement

Section 4(4) of the Environment Effects Act 1978 is repealed.

6.Section 5 substituted

For section 5 of the Environment Effects Act 1978 substitute—

"5.The Minister may call for supplementary statement

(1)The Minister may at any time call for a supplementary statement containing any additional information that he or she considers necessary for the making of his or her assessment.

(2)The proponent must cause the supplementary statement to be prepared and submitted to the Minister.

(3)The proponent must cause a copy of the supplementary statement to be submitted to the relevant Minister.

(4)A supplementary statement under this section is to be prepared and submitted at the expense of the proponent of the works.".

7.Substitution of section 8 and insertion of new sections 8A, 8B, 8C, 8D, 8E, 8F and 8G

For section 8 of the Environment Effects Act 1978 substitute—

'8.Advice of Minister as to whether statement required

(1)If a person or body (the "relevant decision-maker") is required by any Act or law to make a decision in respect of works that could have a significant effect on the environment, the relevant decision-maker may seek the advice of the Minister as to whether a statement should be prepared for the works.

(2)The relevant decision-maker must seek the advice of the Minister under sub-section (1) if requested to do so by the Minister responsible for the administration of the Act or law under which the decision is made.

(3)A proponent of works that could have a significant effect on the environment may seek the advice of the Minister as to whether a statement should be prepared for the works.

(4)If the Minister considers that a decision is required by an Act or law in respect of works that could have a significant effect on the environment, the Minister may by notice in writing, require the person or body required to make that decision (the "relevant decision-maker") to refer the matter to the Minister for advice as to whether a statement should be prepared for the works.

8A.No decision to be made on works until advice given

If a matter comes to the Minister for advice under section 8, the Minister may, by notice in writing to the relevant decision-maker and any other person or body authorised under an Act or law to make a decision with respect to the works, direct the relevant decision-maker or the person or body not to make that decision until the Minister has given advice in respect of the works under section 8B.

8B.Advice of Minister

(1)This section applies if a matter comes to the Minister for advice under section 8.

(2)The Minister may by notice in writing require any relevant decision-maker or proponent of the works to provide the Minister with any information that the Minister reasonably requires to decide whether a statement should be prepared for the works.

(3)The Minister must decide whether—

(a)a statement should be prepared for the works; or

(b)a statement is not required for the works if conditions specified by the Minister are met; or

(c)a statement is not required for the works.

(4)On making a decision under sub-section (3), the Minister must—

(a)by notice in writing advise the proponent of the works, and any relevant decision-maker from whom the matter has come to the Minister for advice under section 8—

(i)that a statement should be prepared for the works; or

(ii)that a statement is not required for the works if conditions specified by the Minister are met; or

(iii)that a statement is not required for the works; and

(b)give to that relevant decision-maker any other advice or assistance the Minister thinks fit to enable a decision to be made.

(5)A notice under sub-section (4)(a)(i) must specify the procedures and requirements under the guidelines that are to apply to the statement.

(6)The Minister must also give the notice under sub-section (4)(a) to each person or body to whom a direction is given under section 8A in respect of the works.

(7)If the Minister gives a notice under sub-section (4)(a)(i) in relation to works, the works are deemed to be works to which this Act applies.

8C.Decisions not to be made and works not to proceed until assessment considered

(1)If the Minister gives a notice under section 8B to a person or body (other than the proponent) advising that a statement should be prepared for works—

(a)the works must not proceed; and

(b)no decision can be made under an Act or law by that person or body in relation to the works until—

(i)the proponent has caused the statement to be prepared and submitted to the Minister for the Minister's assessment of the environmental effects of the works; and

(ii)the assessment has been considered by that person or body.

(2)Sections 4(3), 5, 6(1) and 6(3) apply to the preparation of a statement referred to in sub-section (1).

8D.Timeframes for decisions on works changed

(1)If—

(a)the Minister gives a notice under section 8B to a person or body (other than the proponent) advising that a statement should be prepared for works; and

(b)the person or body is required under an Act or law to make a decision in respect of those works by a particular date—

then, subject to section 8C(1)(b), for the purpose of that Act or law that date is deemed to be the later of the following dates—

(c)the date that is one month after the person or body receives the Minister's assessment of the statement;

(d)the date that is one month after the particular date.

(2)If—

(a)the Minister gives a notice under section 8B to a person or body (other than the proponent) advising that a statement is not required for works; and

(b)the person or body is required under an Act or law to make a decision in respect of those works by a particular date—

then for the purpose of that Act or law that date is deemed to be the later of the following dates—

(c)the date that is one month after the person or body receives the notice;

(d)the date that is one month after the particular date.

8E.Statement may be required if conditions not complied with

If the Minister gives a notice under section 8B(4)(a)(ii) to a person or body advising that a statement is not required for works if specified conditions are met and the specified conditions are not met—

(a)the Minister may by notice in writing advise the person or body that a statement should be prepared for the works; and

(b)sections 8B, 8C and 8D apply as if the notice under paragraph (a) were a notice under section 8B(4)(a)(i).

8F.Only certain planning decisions affected

Sections 8 to 8E do not apply to decisions under the Planning and Environment Act 1987 except the following decisions—

(a)a decision to adopt a planning scheme or an amendment to a planning scheme;

(b)a decision to approve a planning scheme or an amendment to a planning scheme;

(c)a decision to amend or to refuse to amend an application for a permit;

(d)a decision to grant or to refuse to grant a permit or an amendment to a permit.

8G.Secretary to give advice and assistance

The Secretary must, if requested by a proponent of works, give any advice and assistance (including technical advice and assistance) that he or she thinks fit to enable a proper preparation of a statement or a supplementary statement required under this Act for the works.'.

8.Minister may cause inquiries to be held

In section 9(2) of the Environment Effects Act 1978, for "effect on" substitute "effect of".

9.Guidelines

(1)In section 10 of the Environment Effects Act 1978—

(a)for "an Environment Effects Statement" (where twice occurring) substitute "a statement or a supplementary statement"; and

(b)after paragraph (b) insert—

"(ba)the procedures and requirements for—

(i)advertising or exhibiting (or both) statements, supplementary statements and information relating to procedures and requirements for the preparation of statements and supplementary statements;

(ii)public consultation to be undertaken in relation to works to which this Act applies, including consultation in relation to the requirements for the scope and preparation of statements and supplementary statements;"

(2)At the end of section 10 of the Environment Effects Act 1978 insert—

"(2)Without limiting sub-section (1), the guidelines may—

(a)set out different procedures and requirements for different works or different kinds of works;

(b)apply, adopt or incorporate, with or without amendments, any matter contained in any document or standard published by any authority or body as published from time to time or at the time the guidelines are made or at any time before then.".

10.Insertion of new section 11

After section 10 of the Environment Effects Act 1978 insert—

"11.Transitional provision—Environment Effects (Amendment) Act 2005

This Act as amended by the Environment Effects (Amendment) Act 2005 does not apply to the following works and those works are to be dealt with in accordance with this Act as if the 2005 Act had not been enacted—

(a)any works that have been declared to be public works for the purposes of this Act by an Order made under section 3 before the commencement of the 2005 Act;

(b)any works in respect of which the Minister has given advice, under section 8(2) of this Act as in force immediately before the commencement of the 2005 Act, that a statement should be prepared in respect of those works. ".

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Endnotes

Minister's second reading speech—

Legislative Assembly: 6 October 2005

Legislative Council: 15 November 2005

The long title for the Bill for this Act was "to amend the Environment Effects Act 1978 to improve the operation of that Act and for other purposes."