Section 303EF — Environment Protection and Biodiversity Conservation Act 1999: Requirement for assessments

(1) The assessment under subsection 303ED(2) or 303EE(3) must provide for: (a) if the Minister determines that this paragraph applies—the preparation of terms of reference for a report on the relevant impacts; or (b) if the Minister determines that this paragraph applies—all of the following: (i) the preparation of draft terms of reference for a report on the relevant impacts; (ii) the publication of the draft terms of reference for public comment for a period of at least 10 business days that is specified by the Minister; (iii) the finalisation of the terms of reference, to the Minister’s satisfaction, taking into account the comments (if any) received on the draft terms of reference. (2) The assessment must also provide for: (a) the preparation of a draft of a report on the relevant impacts; and (b) the publication of the draft report for public comment for a period of at least 20 business days that is specified by the Minister; and (c) the finalisation of the report, taking into account the comments (if any) received after publication of the draft report; and (d) any other matter prescribed by the regulations. (3) A determination made under paragraph (1)(a) or (b) is not a legislative instrument.