1 Module 12 Environmental Impact Reports. Learning Outcomes From This Topic 2 ENVIRONMENT PROTECTION & BIODIVERSITY CONSERVATION ACT 1999 (EPBC) ENVIRONMENT

1 Module 12 Environmental Impact Reports

Learning Outcomes From This Topic 2 ENVIRONMENT PROTECTION & BIODIVERSITY CONSERVATION ACT 1999 (EPBC) ENVIRONMENT MANAGEMENT PLAN ENVIRONMENTAL ASSESSMENT Content Structure Implementing The EA ENVIRONMENTAL IMPACT STATEMENT EIS Purpose EIS Provisions EIS Parts EIS Process Informal EIS Process Flowchart Disseminating Information Publishing EIS SCOPING PUBLIC NOTIFICATION Public Notification Public Consultation Site Visits DRAFTING & PUBLISHING THE REPORT The EI Report Publishing

3 Module 12 Environment Protection & Biodiversity Conservation Act 1999 (EPBC)

ENVIRONMENT PROTECTION & BIODIVERSITY CONSERVATION ACT 1999 (EPBC) cont. 4 The ENVIRONMENT PROTECTION & BIODIVERSITY CONSERVATION ACT 1999 (EPBC) provides Legal Provisions for managing and protecting Nationally- and Internationally-important flora, fauna, ecological communities and heritage places defined as having national environmental significance. POLICY REGULATION & RESPONSIBILITY: The EPBC targets national environmental protection issues. States and Territories are responsible for state and local environmental impact issues. Source: environment.gov.au

ENVIRONMENT PROTECTION & BIODIVERSITY CONSERVATION ACT 1999 (EPBC) 5 The EPBC classifies the following as being MATTERS OF ENVIRONMENTAL SIGNIFICANCE and global in scope: Listed World and National Heritage sites Internationally-significant RAMSAR wetlands Endangered species and ecological areas Internationally-protected migratory species The Commonwealth marine ecosystem The Great Barrier Reef Marine Park Nuclear operations such as uranium mining National Heritage A SIGNIFICANT IMPACT has consequential and notable environmental influence. Consider INDIRECT and OFFSITE impacts. Source: derm.qld.gov.au

ENVIRONMENT PROTECTION & BIODIVERSITY CONSERVATION ACT 1999 (EPBC) 6 The EPBC ACT is implemented by the Department of Environment, Water, Heritage and the Arts when an action, proposal, or project must be assessed for SIGNIFICANT ENVIRONMENTAL IMPACT and feasibility. The REFERRAL is made public and sent for review by the particular State, Territory, and Commonwealth Ministers. A SIGNIFICANT IMPACT has consequential and notable environmental influence. Consider INDIRECT and OFFSITE impacts. Source: derm.qld.gov.au

ENVIRONMENT PROTECTION & BIODIVERSITY CONSERVATION ACT 1999 (EPBC) 7 Environmental Ministries and Government Environmental Agencies establish, implement, and manage policy and regulations regarding actions concerning matters of national environmental significance such as those that impact SPECIES that are or could become extinct in the wild or vulnerable or (critically) endangered Source: derm.qld.gov.au

ENVIRONMENT PROTECTION & BIODIVERSITY CONSERVATION ACT 1999 (EPBC) 8 OR INTERNATIONALLY-IMPORTANT WETLANDS resulting in the establishment of potential pest species, adverse habitat and marine ecosystem functioning or consistency, adverse effects on marine species or cetacean and life cycle, changes in air or water quality adversely effecting biodiversity, human health, and ecological reliability, continual and potentially-harmful organic chemicals and heavy metals that accumulate adversely effecting biodiversity, human health, and ecological reliability, and damage to historic features or artifacts. Source: environment.gov.au

ENVIRONMENT PROTECTION & BIODIVERSITY CONSERVATION ACT 1999 (EPBC) cont. 9 REGARDLESS OF OTHER ADVERSE ENVIRONMENTAL IMPACTS Environmental Ministries and Government Environmental Agencies cannot obstruct a proposal if there is NO SIGNIFICANT IMPACT on matters of NATIONAL ENVIRONMENTAL SIGNIFICANCE. PENALTIES FOR BREACHING THE EPBC ACT may be a civil penalty up to $550,000 for an individual and $5.5 million for a corporate body OR a criminal penalty up to 7 years imprisonment and/or $46,200. Source: derm.qld.gov.au

10 Module 12 Environmental Management Plan

ENVIRONMENT MANAGEMENT PLAN 11 The ENVIRONMENTAL PROTECTION ACT 1997 gives the Authority power to authorise an activity, provides regulation in environmental protection agreements that govern activities that impact the environment, and provides stewardship for protection of the environment and The ENVIRONMENT MANAGEMENT PLAN (EMP) provides information to the Authority on proposed and existing activities within the relevant region. Source: environment.act.gov.au

ENVIRONMENT MANAGEMENT PLAN cont. 12 The EMP defines how the activity may impact environmental factors and how environmental impacts may be mitigated and managed. The EMP describes the activity, describe the current environment (that will be impacted), requires the proponent conduct an environmental risk assessment, states proposed environmental protection management strategies, and mandates the activity inspected and accepted by the Authority to ensure environmental soundness. Source: environment.act.gov.au

13 Module 12 Environmental Assessment

ENVIRONMENTAL ASSESSMENT 14 THE ENVIRONMENTAL ASSESSMENT (EA) is a public document (prepared by the federal action agency) that determines impacts to off-site areas (known as indirect impacts) as well as impacts on the immediate environment. THE ENVIRONMENTAL ASSESSMENT provides data and analysis to determine if either an Environmental Impact Statement (EIS) or a Finding of No Significant Impact (FONSI) statement should be prepared. The EA proves compliance with the Act when NO EIS is required. The EA aids in preparing the EIS when a FONSI is not applicable. Source : environment.act.gov.au

ENVIRONMENTAL ASSESSMENT 15 An ENVIRONMENTAL ASSESSMENT consists of Creating baseline data and information The Projects purpose, need, and alternatives Identifying probable impacts of planned activities Establishing relevant mitigation procedures to improve impacts Determining the importance of environmental issues and alternatives The Agency must approve the EA before it is made available to the public. The EA is made public through Notices of Availability. The EA is announced by a Public Notice advertisement in a newspaper generlly circulated in the Project area. ed Source : environment.act.gov.au

ENVIRONMENTAL ASSESSMENT cont. 16 THE ENVIRONMENTAL ASSESSMENT contains Summary Introduction o Background o Purpose and Need for Action o Proposed Action o Decision Framework o Public Involvement o Issues Alternatives, including the Proposed Action o Alternatives o Mitigation Common to All Alternatives o Comparison of Alternatives Environmental Consequences Consultation and Coordination Source : environment.act.gov.au

IMPLEMENTING THE EA 17 The EA STRUCTURE To be successful THE ENVIRONMENTAL ASSESSMENT PROCEDURE must include Preliminary site investigations, Expanding the terms of reference (ToR), The environmental scoping, The environmental baseline study, A conclusive environmental impact evaluation, Impact mitigation actions, Assessed alternatives, Project determination and monitoring, Budgeted resources, and Competent professionals. Source: derm.qld.gov.au

IMPLEMENTING THE EA cont. 18 THE ENVIRONMENTAL ASSESSMENT PROCEDURE cont. The EA is a draft public document when Project Notice is published. A15-Day review period is required. A 30-day review period is required for particular or unusual conditions. Similar time periods are allotted for public comments and objections. Comments are submitted to the lead Agency in writing or by email. A Public Hearing is NOT held to hear public comments. The lead Agency will respond to comments and certify a FONSI or a Notice of Intent (NOI) to prepare a EIS is forthcoming. Generating an EIS is a similar but more complex process. Source: derm.qld.gov.au

IMPLEMENTING THE EA cont. 19 CONDUCT an INITIAL SITE ASSESSMENT 1. Identify sensitive areas requiring protection: sensitive flora endangered fauna aquatic plants and animals, natural waterways groundwater recharge areas 2. Identify and assess potential air, noise, and other impacts to the surrounding neighborhood. 3. Monitor baseline air, water, and noise in adjacent construction areas. 4. Identify possible contaminated areas. Sample & test suspect soils. Source : environment.act.gov.au

20 Module 12 Environmental Impact Statement

ENVIRONMENTAL IMPACT STATEMENT 21 An ENVIRONMENTAL IMPACT STATEMENT (EIS) describes likely impacts a proposed project or activity will have on the environment. The ENVIRONMENTAL IMPACT STATEMENT lists and describes impacts, suggests ways to mitigate and prevent potential negative project impacts, and includes project information collected from technical reports and studies. The EIS should enable reasonable economic and technically achievable conditions to be developed to ensure that the impact of the proposal is reduced to acceptable levels. The level of analysis and detail in the EIS should reflect the level of significance of particular impacts. Source: aplng.com.au

EIS PURPOSE 22 The PURPOSE of the EIS is to assess the Projects potentially harmful as well as beneficial environmental, economic, and social impacts, describe procedures to manage, monitor, plan, measure, and minimise anticipated adverse environmental impacts, help determine Project feasibility, help determine Project activity feasibility, provide Project feasibility and impact mitigation procedures to the proponent, Commonwealth and State authorities, and the Public, Source: derm.qld.gov.au

EIS PURPOSE cont. 23 The PURPOSE of the EIS cont. provide recommendations and aid in preparing a Project EMP, assist the administering Authority in reviewing the environmental application (for which the EIS is needed), Provide information to other Commonwealth and State Authorities to aid in decision-making, meet assessment requirements in accordance with the Commonwealth Environment Act, and permit the State to meet its obligations in accordance with the bilateral agreement. Source: derm.qld.gov.au

EIS PROVISIONS 24 The EIS provides information that helps clarify the Proposal, options and alternatives, and best solutions, for mitigating adverse on-site and indirect impacts on the existing environment. The EIS provides an outline in accordance with policy provisions to help assess impacts of the planned Project and associated with development. Source: derm.qld.gov.au

EIS PROVISIONS cont. 25 The EIS describes best practices measures for assessing the degree of impact on the environment and actions to be implemented to mitigate adverse impacts during construction. EIS MITIGATION MESURES must include a draft of the Environmental Management Overview Strategy OR Environmental Management Plan that state acceptable impacts and environmental management strategies that meet specified performance criteria. Source: derm.qld.gov.au

EIS PARTS 26 Every EIS consists of the EXECUTIVE SUMMARY, the DOCUMENT that include terms of reference (ToR), the ENVIRONMENTAL MANAGEMENT PLAN (EMP) which includes o the environmental management intents, o required performance measures, o control strategies, and o monitoring, AUDITING PROCEDURES, and APPENDICES containing o detailed technical information, and o source documents. Source: derm.qld.gov.au

EIS PARTS cont. 27 EIS APPENDICES must include a copy of the Final Terms of Reference, a list of consultants and individuals involved in developing the EIS, methods used to achieve EIS results, background, research, and scientific studies used to prepare the EIS and their availability, explanation of required development approvals, standard specifications, and relevant maps, diagrams and other illustrative material as appropriate. Source: derm.qld.gov.au

EIS PROCESS 28 THE EIS PROCESS The EIS process is coordinated by the Environmental Protection Agency (EPA) (as the administering authority of the EP ACT). The EIS Process is completed when the EIS Assessment Report Is sent to the proponent. Source: derm.qld.gov.au

EIS PROCESS cont. Informal EIS Process Flowchart 29 Source: dlsweb.rmit.edu.au

DISSEMINATING INFORMATION 30 WEB PROTOCOL Post EIS and related Project documents (i.e.: initial advice statements, terms of reference(ToR)) on the proponents website. File sizes of document downloads should be less than 500kb. File format should be universally compatible (i.e.: Word, Adobe Acrobat, JPEG). Public advertising should NOT BE EXCLUSIVE to the Internet. The website should NOT be the only place to obtain EIS copies Addendum reports, the Initial Advice Statement, draft and final ToR. An email address should be provided for submissions, questions, comments, and feedback. Source: derm.qld.gov.au

DISSEMINATING INFORMATION cont. 31 WEB PROTOCOL cont. Keep hard copies of all email submissions. Record the number of hits to the website to assess public interest in the Project. By Agreement, provide a link to the appropriate government website. CD PROTOCOL Save in TEXT format Save all EIS parts including Appendices, Figures, etc. DO NOT save information the EPA deems CONFIDENTIAL Save newspaper advertisement and government contacts information Source: derm.qld.gov.au

PUBLISHING 32 PRINTED COPIES The EPA requires printed copies of the draft and final EIS for Agency distribution Advisory boards Public notices and display purposes. Proposals the EPBC Act considers to be CONTROLLED ACTIONS will require additional copies. Source: derm.qld.gov.au

33 Module 12 EIS Scoping

EIS SCOPING 34 EIS SCOPING determines environmental issues to be investigated and included in the EIS. EIS SCOPING identifies what will be contained in the EIS and criteria used and importance of EIS issues to be investigated. EIS SCOPING is used to identify potential environmental issues and concerns, aid in proficient EIS creation, inform the Study Team on potential impacts, determine alternatives to mitigate impacts, Inform the public and encourage public involvement, save time, Source: aplng.com.au

EIS SCOPING cont. 35 EIS SCOPING is used to identify potential effects of predicted environmental changes on the community, inform those directly impacted by the Project of perspective alternatives, determine the quality of the existing environment and value the community places on it, determine analytical methods and procedures, determine additional assessment needs (i.e,: time, personnel, equipment), evaluate concerns and determine the feasibility of pursuing the proposed Project, communicate the potential impacts for further analysis and establish the ToR as the basis for the ongoing assessment Source: aplng.com.au

36 Module 12 Public Notification

PUBLIC NOTIFICATION 37 PUBLIC NOTIFICATION is a statutory requirement and on public display during the public notification/submission periods. Advertisements are placed in local publications Public Notices to review the draft ToR and EIS are posted. EPA and Agency website ToR and draft EIS postings are displayed. District offices, councils, and public libraries post public notifications. Source: derm.qld.gov.au

PUBLIC CONSULTATION 38 PUBLIC CONSULTATION occurs during the EIS DRAFT with local residents adjacent to and neighbouring the Project site, community services, and local businesses and interest groups. PUBLIC CONSULTATION occurs in addition to the mandatory Public Notification that requires posting of the ToR, draft EIS, and BMC. PUBLIC CONSULTATION includes community surveys, newsletters, community notice boards and one-to-one discussions and public forums. Source: derm.qld.gov.au

SITE VISITS 39 SITE VISITS are conducted during the public notification period and drafting of the EIS. Collected field data is intended to show members of the decision-making board key features of the project site. Source: derm.qld.gov.au

40 Module 12 Drafting & Publishing The Report

THE EI REPORT 41 The EI REPORT provides an appraisal of the Environmental Impact Statement (EIS) process and the Environmental Protection Act 1994 (EP Act). EP Act (Section 58) lists Standards the EPA must follow when preparing the EIS Report. EPA Act (Section 59) describes the Report content. Source: derm.qld.gov.au

THE EI REPORT cont. 42 The EI REPORT the final EIS terms of reference (ToR), discusses the submitted and validity of the EIS summarises key issues about potential adverse and beneficial environmental, economic and social impacts of the Project, the proposed management, planning, and monitoring intended to minimise adverse environmental impacts, and the appropriateness and feasibility of the Project, and recommendations on preliminary actions necessary to gain Project approval. Source: derm.qld.gov.au

PUBLISHING 43 PRINTED COPIES EIS drafts and finals should be placed at local City Council administration centres, the local libraries, and the offices of the EPA for public perusal. Additional copies of the Final Report must be available for purchase by the public on request in printed form, at a reasonable cost, and not to exceed the actual cost of printing the document. Source: derm.qld.gov.au

Documents

1 Module 12 Environmental Impact Reports. Learning Outcomes From This Topic 2 ENVIRONMENT PROTECTION & BIODIVERSITY CONSERVATION ACT 1999 (EPBC) ENVIRONMENT