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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 37
When EIS process applies
37 When EIS process applies
(1) This part applies for a project, other than a coordinated project, if—
(a) an EIS requirement is in force in relation to an application for an
environmental authority for a mining activity that is, or is part of, the
project; or
(b) an EIS requirement is in force in relation to an application
for an environmental authority for a resource activity, other than a mining
activity; or
(c) an EIS has been required for the project under an Act as
follows for which it has, under the Act , been decided or required that this
part applies to the preparation of the EIS— (i) the Commonwealth Environment
Act ;
(ii) the State Development Act ; Note— See the State Development Act
, part 4 , division 2 and division 3 , subdivision 1 .
(iii) another State
Act or another Commonwealth Act; or
(d) the voluntary preparation of an EIS
for the project has been approved under part 2 ; or
(e) the chief executive
has, under part 3 — (i) decided that an EIS would be required under this Act
for an application for an environmental authority for the project; or
(ii)
approved the voluntary preparation of an EIS for the project; or
(f) the
project is of a type prescribed under a regulation for which approval by a
Commonwealth or State authority is required.
(2) However, an EIS under this
Act can not be used for making a decision under the Planning Act , other than
a decision in relation to a project mentioned in subsection (1) (a) or (b) .
(3) In this section—
"authority" , for the Commonwealth, includes the Minister of the Commonwealth
for the time being administering the Commonwealth Environment Act .
"EIS" includes a statement, however called, that is similar to an EIS.
"project" includes— (a) a development or proposed development; and
(b) an
action or proposed action; and
(c) a plan or policy.
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