For certain categories of projects an environmental planning statement is prepared. An environmental planning statement is defined as "a limited environmental impact assessment study presented as a report which describes a development listed in Category II of Schedule IA to these regulations and its effects on the environment indicating how these effects have been taken into account." EIA Regulations, sec. 2 (definitions); sec. 3(5); see also Schedule IA
Best Practices in Lieu of EIA:
Who Conducts Screening Detail:
EIA Regulations, sec. 7 (describing screening process)
Criteria for Screening:
List or appendix of project or activity types
Proposed project or activity may cause significant environmental impact
Criteria for Screening Detail:
"Any development listed under Category I of Schedule IA to these regulations shall require a full environmental impact assessment by the preparation of an environmental impact statement. . . ." EIA Regulations, sec. 3(4). The Director of Environmental Protection may require a project proponent to prepare a full EIA "if he is of the opinion that significant impacts are likely to occur having regard to the criteria set out in Schedule IB and a normal planning application or an environmental planning statement do not provide an adequate basis for evaluating such development." EIA Regulations, sec. 3(6).
Who Prepares EIA:
Project Proponent (with or without contractor)
Who Prepares EIA Detail:
"The applicant shall select the consultants to prepare an environmental impact statement from the register and communicate the names of the consultants so chosen to the Director of Environment Protection." EIA Regulations, sec. 11(1).
Who Pays for EIA Detail:
"The applicant shall be responsible for commissioning an environmental impact statement or an environmental planning statement. . . ." If there is doubt about the quality or impartiality of the EIA the the Authority may commission an independent assessment at the expense of the applicant. EIA Regulations, sec. 9(1).
EIA Contractor Qualifications:
EIA Contractor Qualification Detail:
See generally Part VI of the EIA Regulations: Register of Consultants and Reviews. EIA consultants must meet certain qualifications and register with an independent board (Registration and Review Board).
Conflict of Interest Detail:
"In the interests of fairness, objectivity and the avoidance of bias, all consultants shall be required to sign, and abide by, a declaration that they have no personal or financial interest in the proposed development." EIA Regulations, sec. 29. A consultant's registration certificate may be revoked if the consultant submits substandard or deliberately misleading work in an environmental impact assessment. EIA Regulations, sec. 40(c)
Terms of Reference Detail:
The Director of Environmental Protection prepares the final terms of reference. EIA Regulations, sec. 10(4).
Written Decision Detail:
The Authority must make a public statement containing "(i) the content of the decision and any conditions attached thereto; (ii) a statement containing the main reasons and considerations on which the decision is based, including information about the public participation process; and (iii) a description, where necessary, of the main measures to avoid, reduce, and if possible, offset the major adverse effects of the development." SL 504.79 44(4)(b)
Expiry of Decision:
Variable (at discretion of Authority)
Expiry of Decision Detail:
The Authority may "establish the period within which the construction phase of the development shall be completed together with any planning
obligations . . . ." EIA Regulations, sec. 43(2)(b)
Financial Assurances or Bond:
Financial Assurances Detail:
The Authority may request the project developer to provide a guarantee by a bank or credit institution to ensure compliance with development conditions. "The said guarantee shall not be less than the greater of the cost of reinstating the area to an acceptable condition, or the cost of reinstatement and repair of damages arising from non-compliance with conditions imposed in the development permission." EIA Regulations, sec. 43(2)(c)