MCU14/0028 Appendix 2 EnvProtAct 1994

                                                  Environmental Protection Act 1994
                                          Chapter 3 Environmental impact statements
                                                                 Part 1 EIS process

                                                                             [s 41]


Division 2                  Terms of reference stage

Subdivision 1               Draft terms of reference

41       Submission
        (1)   The proponent must submit to the chief executive draft terms
              of reference for the EIS that allow the purposes of the EIS to
              be achieved for the project.
        (2)   The submitted draft must—
              (a)    be in the approved form; and
              (b)    be accompanied by the fee prescribed under a
                     regulation; and
              (c)    if any of the operational land for the project is in a wild
                     river area—
                     (i)   if mining activities (other than activities carried out
                           for specified works) are to be carried out below the
                           surface of the wild river high preservation area or
                           wild river special floodplain management area or
                           under a nominated waterway in the wild river
                           area—include a statement of how the proponent
                           proposes to decide the minimum depth below the
                           surface of the land under which the mining
                           activities can be carried out to comply with the
                           wild river declaration for the area; and
                     (ii) include any other matter that the wild river
                          declaration states must be included in the draft
                          terms of reference for the EIS; and
              (d)    include any matter prescribed under a regulation.
        (3)   Also, if an approval has not been given under part 2 for the
              project, the submitted draft must be accompanied by the
              following—



Current as at 20 February 2014                                             Page 61