When are environmental impact assessments required for new developments?

In Plain English

Environmental impact assessments are needed when new developments could significantly affect the environment. The Planning Act 2002 says that certain types of developments ("prescribed use or development", "declared significant development" or "ancillary project for a declared significant development") always require an environmental impact statement. The Environment Act 1990 also mentions that if a development is of a scale or nature that requires an environmental impact statement, one may be proposed. The National Environment Protection Council Act 1994 also indicates that environmental impact assessments should be applied to proposals from both the public and private sectors.

Detailed Explanation

Several pieces of legislation outline when environmental impact assessments are required for new developments:

• Planning Act 2002: Section 45(4) states that a development application for prescribed use or development of land, a declared significant development or an ancillary project for a declared significant development must be accompanied by an environmental impact statement prepared in accordance with this section. Regulation 27 of the Planning Regulations 2004 specifies that the use or development listed in Schedule 1 is a prescribed use or development.
• Environment Act 1990: Section 26(1) indicates that if the executive member believes an application seeks approval of a proposal with a scale or nature requiring an environmental impact statement, they may propose to the Commonwealth Minister that such a statement be prepared.
• National Environment Protection Council Act 1994: Schedule 3, section 3(i) indicates that the environmental impact assessment process will be applied to proposals from both the public and private sectors.