What goes in an EIS?

Friday, 13 April 2018

12:50 PM

Machine generated alternative text: An EIS document must include : • Statement of Objectives • Analysis of feasible alternatives • Analysis of the development • A description of the proposal • Description of the existing environment • Likely impact on the environment • Description of environmental safeguards/mitigation • A list of approvals that must be obtained • Alist of the measures referred to • Reasons justifying the project • Summary of the EIS Source: http://www.a ustlii.edu.au/au/legis/nsw/consol_reg/epaar2000480/sch2.html UNSW

 

 

 

The EP&A Regulation 2000 outlines the contents of an EIS

  • Summary of the EIS
  • Objectives of the development
  • Analysis of alternatives
  • Analysis of the development
    • Especially environmental impact

 

 

 

Machine generated alternative text: Schedule 2 Environmental impact statements 1 2 3 4 5 (Clauses 72 and 23()) Summary A summary of the environmental impact statement. Statement of objectives A statement of the objectives of the development or activity. Analysis of alternatives An analysis of any feasible alternatives to the carrymg out of the development or activity, having regard to its objectives, including the consequences of not carrying out the development or activity. Environmental assessment An analysis of the development or activity, including: (a) (b) (c) (d) (e) a full description ofthe development or activity, and a general description of the environment likely to be affected by the development or activity, together with a detailed description ofthose aspects ofthe environment that are likely to be significantly affected, and the likely impact on the environment of the development or activity, and a full description of the measures proposed to mitigate any adverse effects of the development or activity on the environment, and a list of any approvals that must be obtained under any other Act or law before the development or activity may lawfully be carried out. Compilation of measures to mitigate adverse effects A compilation (in a single section of the environmental impact statement) ofthe measures referred to in item 4 (d).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Machine generated alternative text: 2000 No 557 Environmental Planning and Assessment Regulation 2000Clause 70 Procedures relating to development applicationsPart 6 Development applications for integrated developmentDivision 3 (i)the last of the submissions made during the relevant submission period, or (ii)advice from the consent authority that no submissions were made. Note. This period may be extended by operation of Division 11. (2)If the consent authority determines a development application by refusing to grant consent before the expiration of the relevant period under subclause (1): (a)the consent authority must notify the approval body as soon as possible after the determination, and (b)this clause ceases to apply to the development application. (3)Nothing in this clause prevents a consent authority from having regard to an approval body’s general terms of approval that have been notified to the consent authority after the expiration of the relevant period under subclause (1). Division 4Environmental impact statements 71What is the form for an environmental impact statement? (cf clause 54 of EP&A Regulation 1994) For the purposes of section 78A (8) of the Act, the prescribed form for an environmental impact statement to accompany a development application is a form that contains the following information: (a)the name, address and professional qualifications of the person by whom the statement is prepared, (b)the name and address of the person by whom the development application was made, (c)the address of the land in respect of which the development application was made, (d)a description of the development to which the statement relates, (e)an assessment by the person by whom the statement is prepared of the environmental impact of the development to which the statement relates, dealing with the matters referred to in clause 72,
Machine generated alternative text: 2000 No 557 Clause 71Environmental Planning and Assessment Regulation 2000 Part 6Procedures relating to development applications Division 4Environmental impact statements (f)a declaration by the person by whom the statement is prepared to the effect that: (i)the statement has been prepared in accordance with clauses 72 and 73, and (ii)the statement contains all available information that is relevant to the environmental assessment of the development to which the statement relates, and (iii)that the information contained in the statement is neither false nor misleading. 72What must an environmental impact statement contain? (cf clause 54A of EP&A Regulation 1994) (1)The contents of an environmental impact statement must include: (a)for development of a kind for which specific guidelines are in force under this clause, the matters referred to in those guidelines, or (b)for any other kind of development: (i)the matters referred to in the general guidelines in force under this clause, or (ii)if no such guidelines are in force, the matters referred to in Schedule 2. (2)For the purposes of this clause, the Director-General may establish guidelines for the preparation of environmental impact statements, in relation to development generally or in relation to any specific kind of development. (3)The Director-General may vary or revoke any guidelines in force under this clause. (4)An environmental impact statement prepared in accordance with this clause before the date on which any of the following events occur: (a)the amendment of Schedule 2, (b)the establishment of new guidelines under this clause, (c)the variation or revocation of existing guidelines under this clause, is taken to have been prepared in accordance with this clause, for the purposes of any development application made within 3 months after that date, as if the relevant event had not occurred.
Machine generated alternative text: 2000 No 557 Environmental Planning and Assessment Regulation 2000Clause 73 Procedures relating to development applicationsPart 6 Environmental impact statementsDivision 4 73Requirements of Director-General and approval bodies concerning preparation of environmental impact statements (cf clause 55 of EP&A Regulation 1994) (1)The applicant responsible for preparing an environmental impact statement must consult with the Director-General and, in completing the statement, must have regard to the Director- General’s requirements: (a)as to the form and content of the statement, and (b)as to making the statement available for public comment. (2)For the purposes of the consultation, the applicant must give the Director-General written particulars of: (a)the location, nature and scale of the development, and (b)in the case of a development application for integrated development, the approvals that are required. (3)In the case of proposed integrated development the Director- General must request, in writing, each relevant approval body to provide the Director-General with that approval body’s requirements in relation to the environmental impact statement for the purpose of its decision concerning the general terms of the approval in relation to the development (including whether or not it will grant an approval). (4)If an approval body does not provide the Director-General, in writing, with its requirements within 14 days after receipt of the Director-General’s request under subclause (3): (a)the Director-General must inform the applicant, and (b)the applicant: (i)must consult with the approval body and obtain its requirements in relation to the environmental impact statement for the purpose of its decision concerning the general terms of the approval in relation to the development (including whether or not it will grant an approval), and (ii)in completing the statement, must have regard to the approval body’s requirements. (5)Within 28 days after the applicant’s consultation with the Director- General is completed, or within such further time as is agreed between the Director-General and the applicant, written notice of the Director-General’s requirements must be given:
Machine generated alternative text: 2000 No 557 Clause 73Environmental Planning and Assessment Regulation 2000 Part 6Procedures relating to development applications Division 4Environmental impact statements (a)to the applicant, and (b)to the relevant consent authority (unless the Minister or the Director-General is the consent authority), and (c)to the relevant approval body (in the case of proposed integrated development for which the approval body has provided the Director-General with its requirements following the Director-General’s request under subclause (3)). (6)If the development application to which the environmental impact statement relates is not made within 2 years after the notice is given, the applicant must consult further with the Director-General in relation to the preparation of the statement. (7)The Director-General may waive the requirement for consultation under this clause in relation to any particular development or any particular class or description of development, other than integrated development. 74Consent authority may require additional copies of environmental impact statement (cf clause 55A of EP&A Regulation 1994) The consent authority may require an applicant for development consent for designated development to give it as many additional copies of the environmental impact statement as are reasonably required for the purposes of the Act. 75Consent authority may sell copies of environmental impact statement to the public (cf clause 56 of EP&A Regulation 1994) (1)Copies of an environmental impact statement may be sold by a consent authority to any member of the public for not more than $25 per copy. (2)A consent authority: (a)must pay the proceeds of sale to the applicant responsible for the preparation of the statement, and (b)must return to the applicant any unsold copies of the statement.
Machine generated alternative text: 2000 No 557 Environmental Planning and Assessment Regulation 2000Clause 76 Procedures relating to development applicationsPart 6 Environmental impact statementsDivision 4 76Documents adopted or referred to by environmental impact statement (cf clause 56A of EP&A Regulation 1994) (1)Any document adopted or referred to by an environmental impact statement is taken to form part of the statement. (2)Nothing in this Part requires the applicant responsible for the preparation of an environmental impact statement to supply any person with a document that is publicly available. Division 5Public participation—designated development 77Notice of application for designated development to public authorities (other than concurrence authorities and approval bodies) (cf clause 57 of EP&A Regulation 1994) At the same time as giving public notice under section 79 (1) of the Act, the consent authority must give written notice of a development application for designated development to such public authorities (other than relevant concurrence authorities or approval bodies) as, in the opinion of the consent authority, may have an interest in the determination of that development application. 78What information must a written notice of designated development contain? (cf clause 58 of EP&A Regulation 1994) (1)A written notice of a development application under section 79 (1) (b) of the Act must contain the following information: (a)a description (including the address) of the land on which the development is proposed to be carried out, (b)the name of the applicant and of the consent authority, (c)a description of the proposed development, (d)a statement that the proposed development is designated development, (e)a statement that the development application and the documents accompanying the application, including the environmental impact statement, may be inspected: (i)at the consent authority’s principal office, and (ii)at the Department’s offices (if the Minister or Director-General is not the consent authority), and

 

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