Environment Protection (Impact of Proposals) Amendment Act 1987

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Environment Protection (Impact of Proposals) Amendment Act 1987

No. 12 of 1987

 

An Act to amend the Environment Protection (Impact of Proposals) Act 1974

[Assented to 3 April 1987]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short tide, &c.

1. (1) This Act may be cited as the Environment Protection (Impact of Proposals) Amendment Act 1987.

(2) The Environment Protection (Impact of Proposals) Act 19741 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on a day to be fixed by Proclamation.


Approved procedures

3. Section 6 of the Principal Act is amended—

(a) by omitting paragraph (2) (a) and substituting the following paragraph:

“(a) enabling the Minister to require the supply of information for the purpose of consideration, by or on behalf of the Minister, of the necessity for environmental impact statements or public environment reports;”;

(b) by inserting after paragraph (2) (b) the following paragraph:

“(ba) authorizing the Minister to direct the preparation or obtaining, and the submission to the Minister, of reports to be known as public environment reports;”;

(c) by inserting in paragraph (2) (c) “and reports” after “statements”; and

(d) by inserting in paragraphs (2) (d), (f) and (g) “and public environment reports” after “statements” (wherever occurring).

Minister to furnish certain information

4. Section 10 of the Principal Act is amended—

(a) by omitting “him” and substituting “the person”; and

(b) by omitting “promptly” and substituting “as soon as practicable, and in any event within 3 months after the date of the notice,”.

Inquiries by Commissioners

5. Section 11 of the Principal Act is amended—

(a) by inserting in sub-section (1) “or public environment report” after “environmental impact statement”;

(b) by omitting sub-section (4) and substituting the following subsections:

“(3a) The Minister may direct a Commission to report its findings and recommendations within a reasonable period as specified in the direction.

“(4) The Commission—

(a) shall report its findings and recommendations to the Minister;

(b) where a period has been specified under sub-section (3a)—shall so report within that period; and

(c) after so reporting, but subject to sub-section (5)—shall make public those findings and recommendations.”; and

(c) by omitting “sub-section (1)” from sub-section (6) and substituting “sub-sections (1) and (3a)”.


Minor and consequential amendments

6. The Principal Act is amended as set out in the Schedule.

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SCHEDULE Section 6

MINOR AND CONSEQUENTIAL AMENDMENTS

Section 3 (definition of “environment”)—

Omit the definition, substitute the following definition:

“environment’ includes all aspects of the surroundings of human beings, whether affecting human beings as individuals or in social groupings;”.

Section 4—

Omit “other than Papua New Guinea”.

Section 8—

Omit “him” (first occurring), substitute “the Minister”.

Paragraph 8 (a)—

(a) Omit “him”, substitute “the Minister”.

(b) Omit “he”, substitute “the Minister”.

Paragraph 8 (b)—

(a) After “statement”, insert “or public environment report”.

(b) Omit “him”, substitute “the Minister”.

(c) Omit “he”, substitute “the Minister”.

Sub-section 12 (1)—

Omit “he”, substitute “the Commissioner”.

Sub-section 12 (3)—

Omit “1973-1974”, substitute “1973”.

Section 15—

Omit “him”, substitute “the Commissioner”.

Paragraph 16 (b)—

Omit “himself”.

Paragraph 18 (b)—

Omit “he”, substitute “the person”.

Paragraph 18 (c)—

(a) Omit “he”, substitute “the person”.

(b) Omit “him”, substitute “the person”.

Sub-section 19 (1)—

Omit “his duties as”, substitute “the duties of”.


SCHEDULE—continued

Paragraph 20 (a)—

(a) Omit “his” (twice occurring), substitute “the”.

(b) Omit “as”, substitute “of”.

Section 22—

Omit “his”.

Sub-section 23 (1)—

(a) Omit “his”, substitute “the person’s”.

(b) Omit “him”, substitute “the person”.

Paragraph 23 (2) (a)—

After “his” (twice occurring), insert “or her”.

Paragraph 23 (2) (b)—

After “his” (twice occurring), insert “or her”.

Paragraph 23 (3) (a)—

(a) After “his”, insert “or her”.

(b) Omit “he” (wherever occurring), substitute “the employee”.

Paragraph 23 (3) (b)—

(a) After “his” (twice occurring), insert “or her”.

(b) Omit “he” (wherever occurring), substitute “the employee”.

Sub-section 24 (2)—

Omit “him” (twice occurring), substitute “the Commissioner”.

Sub-section 24 (3)—

Omit “he”, substitute “the Commissioner or that person”.

Sub-section 24 (5)—

Omit “he”, substitute “the Commissioner or the person”.

 

NOTE

1. No. 164, 1974, as amended. For previous amendments, see No. 36, 1975; No. 61, 1981; and Nos. 26 and 80, 1982.

[Minister’s second reading speech made in—.

House of Representatives on 17 April 1986

Senate on 8 May 1986]

Overview

The Environment Protection (Impact of Proposals) Amendment Act 1987, enacted in 1987, is an amendment to the Environment Protection (Impact of Proposals) Act 1974. This Act was introduced to address the need for more comprehensive environmental assessments of proposals that may significantly impact the environment. The Act was passed by the Queen, in the Parliament of the Commonwealth of Australia, with the objective of enhancing the environmental impact assessment process to include public environment reports and ensuring that environmental considerations are thoroughly evaluated before any significant proposal is approved. The Act aims to strengthen the mechanisms by which the Minister can require the supply of information and direct the preparation of reports that assess the environmental impact of proposals. By amending the original Act, it introduces the concept of public environment reports, allowing for greater transparency and public involvement in the assessment process. The policy objective is to ensure that environmental impact statements and public environment reports are considered more rigorously, thereby protecting the environment while still allowing for necessary developments.

Scope and Application

The Environment Protection (Impact of Proposals) Amendment Act 1987 is a Commonwealth Act that amends the Environment Protection (Impact of Proposals) Act 1974 to enhance the procedures related to environmental impact assessments. This Act applies to the Minister responsible for environmental protection, entities required to submit environmental impact statements or public environment reports, and any relevant persons or entities directly affected by or involved in proposals that may have significant environmental impacts. The Act has a national reach, applying throughout the Commonwealth of Australia, and its provisions extend to all industries and types of proposals that may impact the environment. The Act does not specify any exclusions or exemptions, but it does provide for the establishment of procedures and timelines for the preparation and submission of environmental reports. The Minister's powers are extended to direct the preparation of public environment reports, and the Act mandates the reporting of findings and recommendations by Commissions within specified periods. These provisions are supported by minor and consequential amendments detailed in the Schedule, which ensures consistency and coherence with the overarching objectives of the Principal Act.

Key Provisions

The Environment Protection (Impact of Proposals) Amendment Act 1987 (Act) modifies the Environment Protection (Impact of Proposals) Act 1974 (Principal Act) to enhance the procedures for assessing the environmental impact of proposals. The Act introduces new provisions that allow the Minister to require the supply of information to assess the necessity for environmental impact statements or public environment reports (Section 6). Additionally, it authorises the Minister to direct the preparation or obtaining of public environment reports and their submission to the Minister (Section 6). These reports, along with environmental impact statements, are now subject to inquiries by the Minister (Section 11). The Act imposes obligations on the Minister to furnish certain information to the person who provided the initial notice regarding the proposal (Section 10). Furthermore, it mandates that the Minister specify a reasonable period within which a Commission must report its findings and recommendations (Section 11). The Commission is required to report these findings and recommendations to the Minister and, if a period has been specified, must do so within that period (Section 11). After reporting, the Commission must make these findings and recommendations public, subject to certain conditions (Section 11). Breach of the provisions of this Act may lead to civil or criminal consequences. While the Act does not explicitly state maximum penalties for these offences, it is implied that violations of environmental protection laws could result in fines and imprisonment under the general environmental protection statutes. The precise penalties would be determined by the relevant environmental protection legislation applicable at the time of the offence.

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Environmental Law
Instrument
Act
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Definitions & Interpretation
Commencement Provisions
Regulatory Standards
Reporting & Disclosure Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.