Queensland Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 143

143 EIS may be required

(1) This section applies for a site-specific application for a resource activity if—

(a) the application does not relate to a coordinated project; and

(b) any of the following apply—

(i) the chief executive has granted an approval for the applicant to voluntarily prepare an EIS under chapter 3 , part 2 and the EIS process has not yet been completed under chapter 3 , part 1 ;

(ii) an EIS process for an EIS for the application has otherwise not been completed under chapter 3 , part 1 ;

(iii) an EIS assessment report relating to the application has lapsed under section 59A .

(2) Without limiting section 140 (1) , the administering authority may include in an information request—

(a) if subsection (1) (b) (i) applies—a requirement that the EIS process be completed and an EIS be provided for the application; or

(b) otherwise—a requirement that the applicant complete an EIS process and provide an EIS for the application.

(3) If subsection (1) (b) (ii) or (iii) applies, in deciding whether an EIS is required for an application, the administering authority must consider the standard criteria.

(4) A requirement under subsection (2) ceases to have effect if a relevant activity or tenure for the application is, or is included in, a coordinated project.

(5) If the chief executive has made a decision under section 73C that an EIS would not be required for an application for an environmental authority for a project, the administering authority must not require an applicant for an environmental authority for the project to provide an EIS for the application.

(6) Subsection (5) does not apply if the environmental risks of the activities proposed to be carried out under the project, and the way the activities are to be carried out, are different from the environmental risks and activities considered by the chief executive when making the decision under section 73C .