ENVIRONMENTAL PROTECTION ACT 1994 - SECT 37 When EIS process applies

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 37

37 When EIS process applies

(1) This part applies for a project, other than a coordinated project, if—

(a) an EIS requirement is in force in relation to an application for an environmental authority for a mining activity that is, or is part of, the project; or

(b) an EIS requirement is in force in relation to an application for an environmental authority for a resource activity, other than a mining activity; or

(c) an EIS has been required for the project under an Act as follows for which it has, under the Act , been decided or required that this part applies to the preparation of the EIS—

(i) the Commonwealth Environment Act ;

(ii) the State Development Act ;

Note—

See the State Development Act , part 4 , division 2 and division 3 , subdivision 1 .

(iii) another State Act or another Commonwealth Act; or

(d) the voluntary preparation of an EIS for the project has been approved under part 2 ; or

(e) the chief executive has, under part 3 —

(i) decided that an EIS would be required under this Act for an application for an environmental authority for the project; or

(ii) approved the voluntary preparation of an EIS for the project; or

(f) the project is of a type prescribed under a regulation for which approval by a Commonwealth or State authority is required.

(2) However, an EIS under this Act can not be used for making a decision under the Planning Act , other than a decision in relation to a project mentioned in subsection (1) (a) or (b) .

(3) In this section—


"authority" , for the Commonwealth, includes the Minister of the Commonwealth for the time being administering the Commonwealth Environment Act .


"EIS" includes a statement, however called, that is similar to an EIS.


"project" includes—

(a) a development or proposed development; and

(b) an action or proposed action; and

(c) a plan or policy.