ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 243 Report to be prepared for activities to which an environmental impact statement relates

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 243

243 Report to be prepared for activities to which an environmental impact statement relates

(cf clause 91 of EP[#38]A Regulation 1994)

(1) A determining authority for an activity must prepare a report on any activity for which an environmental impact statement has been prepared.

(2) The report must be prepared as soon as practicable after a decision is made by the determining authority to carry out or refrain from carrying out the activity or to approve or disapprove the carrying out of the activity.

(3) The report must comment on, and have regard to, each of the following matters--

(a) the environmental impact statement,

(b) any representations duly made to it about the proposed activity,

(c) the effects of the proposed activity on the environment,

(d) the proponent's proposals to mitigate any adverse effects of the activity on the environment,

(e) the findings and recommendations of--

(i) any report given to it by the Planning Secretary under section 5.8 of the Act, and

(ii) any advice given to it by the Minister under section 5.9 of the Act, and

(iii) any public hearing by the Independent Planning Commission,

with respect to the proposed activity.

(4) The report must also give full particulars of the determining authority's decision on the proposed activity and, if the authority has granted approval to the carrying out of the activity, any conditions or modifications imposed or required by the authority in connection with the carrying out of the activity.

(5) The determining authority must make the report public as soon as practicable after it has been completed and must send a copy of the report to the council of each area that is, or would have been, affected by the activity.

(6) The requirements of subclause (5)--

(a) are subject to any prohibition or restriction arising from a direction under clause 268U, but to the extent only of the prohibition or restriction, and

(b) do not apply to an activity to which Division 4 of Part 5 of the Act applies.