Environment Protection and Biodiversity Conservation Act 1999
Sections and provisions with full text and the judgments that cite each one.
Section 80 — Simplified outline of this Part
The following is a simplified outline of this Part: This Part provides for the assessment of impacts of controlled actions, to provide information for decisions whether or not to approve the taking…
Section 81 — Application
(1) This Part applies to the assessment of the relevant impacts of an action that the Minister has decided under Division 2 of Part 7 is a controlled action. (2) This section has effect subject to…
Section 82 — What are the relevant impacts of an action?
If the Minister has decided the action is a controlled action (1) If the Minister has decided under Division 2 of Part 7 that an action is a controlled action, the relevant impacts of the action are…
Section 83 — This Part does not apply if action covered by bilateral agreement
(1) This Part does not apply in relation to an action if: (a) the action is to be taken in a State or self-governing Territory; and (b) a bilateral agreement between the Commonwealth and the State or…
Section 84 — This Part does not apply if action covered by declaration
When this Part does not apply (1) This Part does not apply in relation to an action if: (a) the Minister has declared in writing that actions in a class that includes the action need not be assessed…
Section 85 — Simplified outline of this Division
The following is a simplified outline of this Division: The Minister must choose one of the following ways of assessing the relevant impacts of an action the Minister has decided is a controlled…
Section 87 — Minister must decide on approach for assessment
Minister must choose one assessment approach (1) The Minister must decide which one of the following approaches must be used for assessment of the relevant impacts of an action that the Minister has…
Section 88 — Timing of decision on assessment approach
Initial decision (1) The Minister must decide on the approach to be used for assessment of the relevant impacts of the action within 20 business days after the Minister receives the referral of the…
Section 89 — Minister may request more information for making decision
(1) If the Minister believes on reasonable grounds that the information given to the Minister in relation to an action is not enough to allow the Minister to make an informed decision on the approach…
Section 90 — Directing an inquiry after starting an assessment
Application (1) This section applies if: (a) the Minister has made a decision (the first decision) under section 87 that the relevant impacts of an action must be assessed by: (i) assessment by…
Section 91 — Notice of decision on assessment approach
(1) Within 10 business days after making a decision on the approach to be used for assessment of the relevant impacts of an action, the Minister must: (a) give written notice of the decision to: (i)…
Section 92 — Application of this Division
This Division applies in relation to an action if the Minister has decided under section 87 that the relevant impacts of the action must be assessed by assessment on referral information under this…
Section 93 — Recommendation report
(1) The Secretary must comply with this section within 30 business days after the Minister makes the decision under section 87. (2) The Secretary must prepare a draft recommendation report that…
Section 94 — Application of this Division
This Division applies in relation to an action if the Minister has decided under section 87 that the relevant impacts of the action must be assessed by assessment on preliminary documentation under…
Section 95 — Direction to publish referral information and invitation to comment—no further information required
(1) This section applies if the Minister was satisfied, at the time of making the decision (the assessment approach decision) under section 87, that the Minister had enough information in relation to…
Section 95A — Direction to publish referral information and invitation to comment—further information required
(1) This section applies if the Minister was not satisfied, at the time of making the decision (the assessment approach decision) under section 87, that the Minister had enough information in…
Section 95B — Procedure after end of period for comment
Procedure if comments are received (1) If comments are received by the designated proponent within the period for comment, the designated proponent must, as soon as practicable after the end of that…
Section 95C — Recommendation report
(1) The Secretary must prepare, and give to the Minister, a recommendation report relating to the action. The report must include recommendations on: (a) whether the taking of the action should be…
Section 96 — Application
This Division applies in relation to an action if the Minister has decided under section 87 that the relevant impacts of the action must be assessed by a public environment report under this Division.
Section 96A — Minister must give designated proponent written guidelines for preparation of draft public environment report
(1) The Minister must give the designated proponent of the action written guidelines for the preparation of a draft public environment report about the relevant impacts of the action. The guidelines…
Section 96B — Standard guidelines
(1) The Minister may prepare one or more sets of standard guidelines, in writing, for the preparation of draft public environment reports about the relevant impacts of actions. Note: See also…
Section 97 — Tailored guidelines
(1) The Minister must prepare tailored guidelines, in writing, for the preparation of a draft public environment report about the relevant impacts of an action if the Minister decides that standard…
Section 98 — Designated proponent must invite comment on draft public environment report
Designated proponent’s obligations (1) The designated proponent of the action must: (a) prepare a draft public environment report in accordance with the PER guidelines about: (i) the relevant impacts…
Section 99 — Finalising public environment report
(1) After the end of the period specified in the invitation to comment under section 98, the designated proponent must finalise the draft public environment report. (2) The finalised report must: (a)…
Section 100 — Recommendation report
(1) The Secretary must prepare, and give to the Minister, a recommendation report relating to the action. The report must include recommendations on: (a) whether the taking of the action should be…
Section 101 — Application
This Division applies in relation to an action if the Minister has decided under section 87 that the relevant impacts of the action must be assessed by an environmental impact statement under this…
Section 101A — Minister must give designated proponent written guidelines for preparation of draft environmental impact statement
(1) The Minister must give the designated proponent of the action written guidelines for the preparation of a draft environmental impact statement about the relevant impacts of the action. The…
Section 101B — Standard guidelines
(1) The Minister may prepare one or more sets of standard guidelines, in writing, for the preparation of draft environmental impact statements about the relevant impacts of actions. Note: See also…
Section 102 — Tailored guidelines
(1) The Minister must prepare tailored guidelines, in writing, for the preparation of a draft environmental impact statement about the relevant impacts of an action if the Minister decides that…
Section 103 — Designated proponent must invite comment on draft environmental impact statement
Designated proponent’s obligations (1) The designated proponent of the action must: (a) prepare a draft environmental impact statement in accordance with the EIS guidelines about: (i) the relevant…
Section 104 — Finalising environmental impact statement
(1) After the end of the period specified in the invitation to comment under section 103, the designated proponent must finalise the draft environmental impact statement. (2) The finalised statement…
Section 105 — Recommendation report
(1) The Secretary must prepare, and give to the Minister, a recommendation report relating to the action. The report must include recommendations on: (a) whether the taking of the action should be…
Section 106 — Simplified outline
The following is a simplified outline of this Division: This Division provides for the Minister to appoint commissions to carry out inquiries in a flexible way into the impacts of actions.…
Section 107 — Appointing commissioners and setting terms of reference
(1) If the Minister decides that the relevant impacts of an action must be assessed by inquiry under this Division, the Minister must: (a) appoint in writing one or more persons (the commissioners)…
Section 108 — Publicising inquiry
(1) As soon as practicable, the commission must publish in accordance with the regulations and in any other way it thinks fit: (a) the terms of reference; and (b) the information relating to the…
Section 109 — Procedure of inquiries
(1) A commission must comply with the terms of reference in conducting its inquiry. (2) Subject to this Division, a commission: (a) may determine the procedure to be followed in its inquiry; and (b)…
Section 110 — Inquiry to be public
(1) A hearing held as part of an inquiry must be conducted in public, except so far as the commission directs otherwise. (2) The commission must make publicly available (in any way the commission…
Section 111 — Calling witnesses
Summoning witnesses (1) A commissioner may, by writing signed by the commissioner, summon a person to appear before the commission at a time and place specified in the summons to give evidence and…
Section 112 — Dealing with witnesses
Power to administer oath or affirmation (1) A commissioner may administer an oath or affirmation to a person appearing as a witness before the commission. Note: This means that proceedings before the…
Section 113 — Dealing with documents given to commission
Inspecting and copying documents produced or given at inquiry (1) A commissioner, or a person assisting a commission and authorised by a commissioner to do so, may: (a) inspect a document produced or…
Section 114 — Inspections of land, buildings and places
(1) If a commissioner, or a person authorised by a commissioner, enters any land, building or place by consent as described in section 115 or under a warrant issued under section 116, the…
Section 115 — Entering premises by consent
(1) A commissioner, or a person authorised by a commissioner, may enter land, a building or a place at any reasonable time for any reasonable purpose of an inquiry, if the person (the occupant)…
Section 116 — Entering premises under warrant
(1) A commissioner may apply to a magistrate for a warrant authorising the commissioner or a person authorised by the commissioner to enter any land, building or place if the commissioner has reason…
Section 117 — Warrants by telephone or other electronic means
Application (1) A commissioner may apply to a magistrate for a warrant by telephone, telex, fax or other electronic means: (a) in an urgent case; or (b) if the delay that would occur if an…
Section 118 — Identity cards
(1) The Minister may cause to be issued to a commissioner or a person authorised by a commissioner an identity card: (a) in a form approved by the Minister; and (b) containing a recent photograph of…
Section 119 — Contempt
(1) A person commits an offence punishable on conviction by a fine of not more than 30 penalty units if: (a) the person insults, disturbs or uses insulting language towards another person; and (b)…
Section 120 — Protection of commissioners and witnesses
Protection of commissioners (1) In performing his or her duties as a commissioner, a commissioner has the same protection and immunity as a Justice of the High Court. Rights and obligations of…
Section 121 — Timing of report
The commission must report to the Minister on the inquiry within the period specified by the Minister in the terms of reference.
Section 122 — Publication of report
(1) After reporting to the Minister, the commission must publish the report in accordance with the regulations. (2) However, the commission must not publish the report so far as it sets out any…
Section 123 — Basis of appointment
(1) A commissioner is to be appointed on a full-time basis or a part-time basis. (2) A commissioner appointed on a full-time basis must not engage in paid employment outside the duties of the…