MCU14/0028 Appendix 2 EnvProtAct 1994

                                                  Environmental Protection Act 1994
                                          Chapter 3 Environmental impact statements
                                                  Part 2 Voluntary preparation of EIS

                                                                               [s 69]


Part 2                      Voluntary preparation of EIS

69       Purpose of pt 2
        (1)   The purpose of this part is to allow the proponent for a project
              to voluntarily prepare an EIS for the project by using the EIS
              process, if it is appropriate to do so.
        (2)   The purpose is achieved by providing for an approval process
              for the voluntary preparation of an EIS.

70       Projects that may be approved for EIS
        (1)   The proponent for a project may apply to the chief executive
              for approval to prepare an EIS for a project.
        (2)   However, an application can not be made for a project if—
              (a)    an EIS requirement is in force for an application under
                     this Act relating to the project; or
              (b)    the Commonwealth Environment Act requires the
                     project to be assessed under chapter 4, part 8 of that Act
                     and the EIS process has not been decided as an
                     accredited process under the Commonwealth
                     Environment Act; or
                     Editor’s note—
                        See the Commonwealth Environment Act, sections 47
                        (Agreement may declare classes of actions do not need
                        assessment) and 87 (Minister must decide on approach for
                        assessment).
              (c)    an EIS or similar statement, however called, must be
                     prepared for the project under another State Act and that
                     Act does not allow the EIS or statement to be prepared
                     under the EIS process.

71       Requirements for application
              An approval application must be—
Current as at 20 February 2014                                              Page 79