State Development and Public Works Organisation Regulation 2020

1Short title

This regulation may be cited as the State Development and Public Works Organisation Regulation 2020.

2Commencement

This regulation commences on 2 September 2020.

3Application of part

(1)This part applies in relation to a project if—

(a)the project is declared, under section 26 of the Act, to be a coordinated project; and

(b)either—

(i)the Commonwealth Minister decides under the Commonwealth Environment Act, section 87, that the approach for assessing the relevant impacts of the project is assessment by an accredited assessment process and gives notice of the decision under section 91 of that Act; or

(ii)the relevant impacts of the project are to be assessed under a bilateral agreement; and

(c)part 4A of the Act does not apply in relation to the project.

(2)For subsection (1)(b), it does not matter—

(a)whether the Commonwealth Minister’s decision mentioned in subsection (1)(b)(i) is made, or the notice of the decision is given, before or after the project is declared as mentioned in subsection (1)(a); or

(b)whether the requirement for the assessment mentioned in subsection (1)(b)(ii) arises before or after the project is declared as mentioned in subsection (1)(a).

(3)In this section—

bilateral agreement has the meaning given by the Commonwealth Environment Act, section 45(2).

4Definitions for part

In this part—

designated proponent, of a project, means the person designated, under the Commonwealth Environment Act, section 75(3), as proponent of the action the subject of the project.

EIS process means the process under part 4, division 3, subdivision 1 of the Act for a coordinated project.

IAR process means the process under part 4, division 3, subdivision 2 of the Act for a coordinated project.

relevant impacts has the meaning given by the Commonwealth Environment Act, section 82.

5Particular steps or actions taken to have complied with part

(1)This section applies if a step or action is taken in the EIS process or IAR process for a project—

(a)after the project is declared, under section 26 of the Act, to be a coordinated project; but

(b)before both of the actions mentioned in section 3(1)(b)(i) happen.

(2)The step or action is taken to have complied with this part to the extent the step or action, if it had been taken after both of the actions mentioned in section 3(1)(b)(i) had happened, would have complied with this part.

6Requirements for public notification

(1)This section applies to the following—

(a)public notification by the Coordinator-General under section 29(1)(b) of the Act;

(b)public notification of a draft EIS under section 33(1) of the Act;

(c)public notification of additional information under section 33(1) of the Act, as applied under section 34C(3)(a) of the Act;

(d)public notification of a draft IAR under section 33(1) of the Act, as applied under section 34H(2) of the Act;

(e)public notification of a revised draft IAR under section 33(1) of the Act, as applied under section 34K(3)(a) of the Act.

(2)The public notification must state each of the following—

(a)the project’s title;

(b)the proponent’s full name;

(c)the name of the entity intending to take the action the subject of the project;

(d)if the proponent and the designated proponent are not the same entity—the designated proponent’s full name;

(e)a brief description of the project;

(f)the location of the project;

(g)the matters for the project that are protected by a provision of the Commonwealth Environment Act, part 3, as mentioned in section 34 of that Act.

(3)The public notification must be published—

(a)in a newspaper circulating throughout Australia; or

(b)in each State, in a newspaper circulating generally in the State.

7Requirements for content of EIS or IAR

An EIS or IAR for a project must address the matters mentioned in schedule 1.

8Minimum submission period for draft EIS or draft IAR

The submission period set by the Coordinator-General for a draft EIS or draft IAR must be at least 28 days starting on the day after—

(a)for a draft EIS—the day it is publicly notified under section 33(1) of the Act; or

(b)for a draft IAR—the day it is publicly notified under section 33(1) of the Act, as applied under section 34H(2) of the Act.

9Coordinator-General’s report

(1)A report under section 34D(2) or 34L(2) of the Act must contain the following matters—

(a)a description of—

(i)the project; and

(ii)the places affected by the project; and

(iii)the controlling provisions for the project;

(b)a summary of the project’s relevant impacts;

(c)a description of feasible mitigation measures, or changes to the project or procedures, proposed by the proponent or suggested in relevant submissions, to prevent or minimise the project’s relevant impacts;

(d)to the extent practicable, a description of feasible alternatives to the project identified in the EIS process or IAR process for the project, and the likely impact of the alternatives on matters of national environmental significance;

(e)a statement of conditions of approval for the project that may be imposed to address impacts, identified in the EIS process or IAR process for the project, on matters of national environmental significance;

(f)a statement of requirements for, and conditions of, approval applying, or proposed to apply, to the project when the report is prepared, including a description of the monitoring, enforcement and review procedures applying, or proposed to apply, to the project.

(2)After completing the report, the Coordinator-General must give a copy of it to the Commonwealth Minister.

(3)In this section—

controlling provision, for a project, means a provision of the Commonwealth Environment Act, part 3 that is decided by the Commonwealth Minister, under part 7, division 2 of that Act, as a controlling provision for the action the subject of the project.

matter of national environmental significance means a matter protected by a provision of the Commonwealth Environment Act, part 3, division 1, as mentioned in section 34 of that Act.

relevant submission means a properly made submission, or a submission accepted by the Coordinator-General under—

(a)for a draft EIS—section 34 of the Act; or

(b)for a draft IAR—section 34 of the Act, as applied under section 34H(3) of the Act.

Editor’s note—

On the commencement, a bilateral agreement of the type mentioned in section 54H(1)(a) of the Act had not been made under the Commonwealth Environment Act.

10Information required for draft protected matters report—Act, s 54P

For section 54P(3)(a) of the Act, the information required is stated in schedule 2.

11Notification requirements for draft protected matters report and amendment application—Act, ss 54Q and 54ZB

(1)For sections 54Q(4)(b) and 54ZB(2)(b) of the Act, the requirements stated in subsections (2) and (3) are prescribed.

(2)The notification must state the following—

(a)the project’s title;

(b)the proponent’s full name;

(c)a brief description of the project;

(d)the location of the project.

(3)The notification must be published—

(a)in a newspaper circulating throughout Australia; or

(b)in each State, in a newspaper circulating generally in the State.

(4)For sections 54Q(4)(d) and 54ZB(2)(d) of the Act, the minimum period prescribed is 28 days starting on the day after the day of notification.

12Coordinator-General must publish particular documents

(1)The Coordinator-General must publish the following documents on the department’s website—

(a)an application made under section 54K of the Act for a bilateral project declaration;

(b)a draft protected matters report notified under section 54Q of the Act;

(c)a final protected matters report given under section 54R of the Act;

(d)a notice given under section 54X of the Act;

(e)an assessment report given under section 54X of the Act;

(f)an environmental approval issued under section 54Y of the Act;

(g)an amendment application made under section 54Z of the Act;

(h)a notice given under section 54ZD of the Act;

(i)an amended environmental approval issued under section 54ZE of the Act.

(2)The document must be published—

(a)if the document is a draft protected matters report—during the submission period, under section 54Q(4)(d) of the Act, for the coordinated project to which the report relates; or

(b)otherwise—as soon as practicable after the application is made, or the document is given or issued, under the Act.

13Definitions for division

In this division—

Gold Coast University Hospital facilities means the Gold Coast University Hospital facilities described in the project report.

Gold Coast University Hospital facilities works means the project works of that name described in the project report and comprising works reasonably connected with, or incidental to, the construction of the Gold Coast University Hospital facilities.

preliminary works means the project works comprising early incidental works, land purchasing, surveys, investigations, planning and preparation of detailed designs.

project report means the Coordinator-General’s report of August 2008 called ‘Gold Coast University Hospital Second Project Report’ held by the Coordinator-General and published on the department’s website.

project works means the works reasonably connected with, or incidental to, the construction of the Gold Coast University Hospital Project described in the project report.

14Coordinator-General directed to undertake particular works—Act, s 109

(1)Subsection (2) is a direction for section 109 of the Act.

(2)The Coordinator-General must undertake the following works—

(a)the preliminary works;

(b)the Gold Coast University Hospital facilities works.

15Definitions for division

In this division—

investigation area means the area shown as the proposed corridor investigation area on the map series of 17 November 2007 that—

(a)is called ‘Proposed Investigation Area for Fitzroy to Gladstone Pipeline’; and

(b)is held by the department; and

(c)is available for inspection by members of the public during office hours at the department’s head office.

pipeline investigations means the following works reasonably connected with the proposed construction of a pipeline for carrying water between the Fitzroy River and Gladstone—

(a)investigations to determine the engineering feasibility of constructing the pipeline, including, for example, the drilling of test pits and boreholes;

(b)surveys of flora and fauna;

(c)surveys of soil and water quality;

(d)surveys of cultural heritage;

(e)valuations of land;

(f)surveys of land and watercourses.

water board means Gladstone Area Water Board ABN 88 409 667 181.

16Water board directed to undertake particular works—Act, s 100

(1)Subsection (2) is a direction for section 100 of the Act.

(2)The water board must undertake the pipeline investigations in the investigation area.

17Definitions for division

In this division—

Cedar Grove and Karawatha inter-connector project works means works reasonably connected with, or incidental to—

(a)carrying out early incidental works, land purchasing, surveys, planning and proposed investigations for pipelines connecting the Wyaralong water treatment plant to the South East Queensland Water Grid, specifically the southern regional water pipeline and the Kuraby reservoir; or

(b)the construction of the pipelines.

project works means—

(a)Cedar Grove and Karawatha inter-connector project works; or

(b)Wyaralong water treatment plant project works.

Queensland Bulk Water Supply Authority means the Queensland Bulk Water Supply Authority (ABN 75 450 239 876) continued in existence under the South East Queensland Water (Restructuring) Act 2007, section 6.

reserved works, in relation to each of the project works, means the parts of the works that, in the circumstances, can be carried out only with the exercise of a power the Coordinator-General may exercise under the Act only for or in connection with works undertaken by the Coordinator-General.

Wyaralong water treatment plant means the proposed water treatment plant at Wyaralong to process water extracted from Wyaralong Dam and the Logan River system.

Wyaralong water treatment plant project works means works reasonably connected with, or incidental to—

(a)carrying out early incidental works, land purchasing, surveys, planning and investigations for the Wyaralong water treatment plant; or

(b)the construction of the Wyaralong water treatment plant.

18Queensland Bulk Water Supply Authority directed to undertake particular Wyaralong water treatment plant project works—Act, s 100

(1)Subsection (2) is a direction for section 100 of the Act.

(2)The Queensland Bulk Water Supply Authority must undertake all parts of the Wyaralong water treatment plant project works that are not reserved works.

19Queensland Bulk Water Supply Authority directed to undertake particular Cedar Grove and Karawatha inter-connector project works—Act, s 100

(1)Subsection (2) is a direction for section 100 of the Act.

(2)The Queensland Bulk Water Supply Authority must undertake all parts of the Cedar Grove and Karawatha inter-connector project works that are not reserved works.

20Coordinator-General directed to undertake particular works—Act, s 109

(1)Subsection (2) is a direction for section 109 of the Act.

(2)The Coordinator-General must undertake the reserved works.

21Definitions for division

In this division—

Building Future Schools Fund Project means the project of that name described in the project report.

facilitation works means the following works—

(a)works to secure tenure for the Building Future Schools Fund Project;

(b)works to secure access to land, including for investigations and temporary works, for the Building Future Schools Fund Project;

(c)works reasonably connected with, or incidental to, carrying out the works mentioned in paragraph (a) or (b), including, for example, opening, closing or otherwise rearranging roads.

project report means the report of November 2018, prepared by the Coordinator-General, called ‘Building Future Schools Fund Project Report’ and published on the department’s website.

22Coordinator-General directed to undertake particular works—Act, s 109

(1)Subsection (2) is a direction for section 109 of the Act.

(2)The Coordinator-General must undertake the facilitation works.

23Definitions for division

In this division—

facilitation works means the following works—

(a)works to secure tenure for the Rookwood Weir Project;

(b)works to secure access to land, including for investigations and temporary works, for the Rookwood Weir Project;

(c)works reasonably connected with, or incidental to, carrying out the works mentioned in paragraph (a) or (b), including, for example, opening, closing or otherwise rearranging roads.

project report means the report of November 2018, prepared by the Coordinator-General, called ‘Rookwood Weir Project Report’ and published on the department’s website.

Rookwood Weir Project means the project of that name described in the project report.

24Coordinator-General directed to undertake particular works—Act, s 109

(1)Subsection (2) is a direction for section 109 of the Act.

(2)The Coordinator-General must undertake the facilitation works.

25Definitions for division

In this division—

facilitation works means the following works—

(a)works to secure access to land, including for investigations and temporary works, for the New Performing Arts Venue project;

(b)works reasonably connected with, or incidental to, the works mentioned in paragraph (a), including, for example, opening, closing or otherwise rearranging roads.

New Performing Arts Venue project means the project of that name described in the project report.

project report means the report of January 2020, prepared by the Coordinator-General, called ‘Queensland Performing Arts Centre Extension—New Performing Arts Venue’ and published on the department’s website.

26Coordinator-General directed to undertake particular works—Act, s 109

(1)Subsection (2) is a direction for section 109 of the Act.

(2)The Coordinator-General must undertake the facilitation works.

27Definitions for division

In this division—

Cairns Convention Centre Expansion project means the project of that name described in the project report.

facilitation works means the following works—

(a)opening, closing or otherwise rearranging roads for the Cairns Convention Centre Expansion project;

(b)works reasonably connected with, or incidental to, carrying out the works mentioned in paragraph (a).

project report means the report of April 2020, prepared by the Coordinator-General, called ‘Cairns Convention Centre Expansion Project—Road Closure’ and published on the department’s website.

28Coordinator-General directed to undertake particular works—Act, s 109

(1)Subsection (2) is a direction for section 109 of the Act.

(2)The Coordinator-General must undertake the facilitation works.

pt 4 div 8 hdg ins 2021 SL No. 101 s 3

28ADefinitions for division

In this division—

Currumbin Eco Parkland project means the project of that name described in the project report.

MEDQ see the Economic Development Act 2012, section 8(1).

project report means the report of June 2021, prepared by the Coordinator-General, called ‘Currumbin Eco Parkland Project Report’ and published on the department’s website.

project works means the works reasonably connected with, or incidental to, the investigation, planning and construction of the Currumbin Eco Parkland project.

reserved works, in relation to the project works, means the parts of the works that, in the circumstances, can be carried out only with the exercise of a power the Coordinator-General may exercise under the Act only for or in connection with works undertaken by the Coordinator-General.

s 28A ins 2021 SL No. 101 s 3

28BMEDQ directed to undertake particular works—Act, s 100

(1)Subsection (2) is a direction for section 100 of the Act.

(2)MEDQ must undertake all parts of the project works that are not reserved works.

s 28B ins 2021 SL No. 101 s 3

28CCoordinator-General directed to undertake particular works—Act, s 109

(1)Subsection (2) is a direction for section 109 of the Act.

(2)The Coordinator-General must undertake the reserved works.

s 28C ins 2021 SL No. 101 s 3

pt 4 div 9 hdg ins 2021 SL No. 101 s 3

28DDefinitions for division

In this division—

Cairns and Hinterland Hospital and Health Service means the Cairns and Hinterland Hospital and Health Service established and named under the Hospital and Health Boards Regulation 2012, section 3 and schedule 1.

Far North Queensland Health and Innovation Precinct project means the project of that name described in the project report.

project report means the report of June 2021, prepared by the Coordinator-General, called ‘Far North Queensland Health and Innovation Precinct project’ and published on the department’s website.

project works means the works reasonably connected with, or incidental to, the investigation, planning and construction of the Far North Queensland Health and Innovation Precinct project.

reserved works, in relation to the project works, means the parts of the works that, in the circumstances, can be carried out only with the exercise of a power the Coordinator-General may exercise under the Act only for or in connection with works undertaken by the Coordinator-General.

s 28D ins 2021 SL No. 101 s 3

28ECairns and Hinterland Hospital and Health Service directed to undertake particular works—Act, s 100

(1)Subsection (2) is a direction for section 100 of the Act.

(2)The Cairns and Hinterland Hospital and Health Service must undertake all parts of the project works that are not reserved works.

s 28E ins 2021 SL No. 101 s 3

28FCoordinator-General directed to undertake particular works—Act, s 109

(1)Subsection (2) is a direction for section 109 of the Act.

(2)The Coordinator-General must undertake the reserved works.

s 28F ins 2021 SL No. 101 s 3

pt 4 div 10 hdg ins 2021 SL No. 101 s 3

28GDefinitions for division

In this division—

project report means the report of June 2021, prepared by the Coordinator-General, called ‘Toowoomba to Warwick Water Pipeline Project’ and published on the department’s website.

project works means the works reasonably connected with, or incidental to, the investigation and planning of the Toowoomba to Warwick Water Pipeline project.

Queensland Bulk Water Supply Authority means the Queensland Bulk Water Supply Authority (ABN 75 450 239 876) continued in existence under the South East Queensland Water (Restructuring) Act 2007, section 6.

reserved works, in relation to the project works, means the parts of the works that, in the circumstances, can be carried out only with the exercise of a power the Coordinator-General may exercise under the Act only for or in connection with works undertaken by the Coordinator-General.

Toowoomba to Warwick Water Pipeline project means the project of that name described in the project report.

s 28G ins 2021 SL No. 101 s 3

28HQueensland Bulk Water Supply Authority directed to undertake particular works—Act, s 100

(1)Subsection (2) is a direction for section 100 of the Act.

(2)The Queensland Bulk Water Supply Authority must undertake all parts of the project works that are not reserved works.

s 28H ins 2021 SL No. 101 s 3

28ICoordinator-General directed to undertake particular works—Act, s 109

(1)Subsection (2) is a direction for section 109 of the Act.

(2)The Coordinator-General must undertake the reserved works.

s 28I ins 2021 SL No. 101 s 3

29Fees

(1)The fees payable under part 4 of the Act are stated in schedule 3.

(2)The fees payable under part 4A of the Act are stated in schedule 4.

(3)The fees payable under part 6, division 1 of the Act are stated in schedule 5.

(4)The fees payable under part 6, division 7 of the Act are stated in schedule 6.

(5)The fees payable in relation to a request to take land for particular infrastructure facilities are stated in schedule 7.

30Refund of fees

The Coordinator-General may refund all or part of a fee paid for an application or request under the Act if the Coordinator-General considers the refund is reasonable having regard to—

(a)the stage reached of the assessment process for the application or request; or

(b)any other relevant matter.

31Things done before commencement under particular directions for Act, ss 100 and 109

(1)This section applies if, before the commencement, a thing was done under a direction given under a provision of the expired regulation (the former provision) stated in column 1 of the table.

Column 1	Column 2
Former provision	Provision of this regulation
section 15	section 14
section 17	section 16
section 27	section 18
section 28	section 19
section 29	section 20
section 31B	section 22
section 31D	section 24
section 31F	section 26
section 31H	section 28

(2)The thing is taken to have been done under the direction given under the provision of this regulation stated opposite the former provision in column 2 of the table in subsection (1).

(3)In this section—

direction means a direction for section 100 or 109 of the Act.

expired regulation means the expired State Development and Public Works Organisation Regulation 2010.

section 7

1Definitions for schedule

In this schedule—

controlling provision, for a project, see section 9(3) of this regulation.

designated proponent, of a project, see section 4 of this regulation.

relevant impacts see section 4 of this regulation.

2General information

The EIS or IAR must include information about the background of the project, including the following—

(a)the project’s title;

(b)the designated proponent’s full name and postal address;

(c)a clear outline of the project’s objective;

(d)the project’s location;

(e)the background to the project’s development;

(f)how the project relates to any other actions, of which the proponent should reasonably be aware, that have been, or are being, taken or that have been approved in the area affected by the project;

(g)the project’s current status;

(h)the consequences of not proceeding with the project.

3Description

The EIS or IAR must include information that describes the project, including the following information—

(a)the project’s components;

(b)the precise location of works to be undertaken, structures to be built or components of the project that may have relevant impacts;

(c)how the works are to be undertaken and design parameters for aspects of the structures, or components, of the project that may have relevant impacts;

(d)the project’s relevant impacts;

(e)proposed safeguards and mitigation measures for dealing with the project’s relevant impacts;

(f)any other requirements for, or conditions of, approval applying, or that the proponent reasonably believes are likely to apply, to the project;

(g)to the extent reasonably practicable, any feasible alternatives to the project, including—

(i)if relevant, the alternative of not proceeding with the project; and

(ii)a comparative description of the impacts of each alternative on the matters protected by the controlling provisions for the project; and

(iii)sufficient detail to clarify why any alternative is preferred to another;

(h)any consultation about the project, including—

(i)consultation taken and any documented response to, or result of, the consultation; and

(ii)proposed consultation about the project’s relevant impacts;

(i)an identification of affected persons, including a statement mentioning any communities that may be affected and describing the communities’ views.

4Relevant impacts

Information given under section 3(d) must include the following—

(a)a description of the project’s relevant impacts;

(b)a detailed assessment of the nature and extent of the likely short-term and long-term relevant impacts;

(c)a statement about whether any relevant impacts are likely to be unknown, unpredictable or irreversible;

(d)an analysis of the significance of the relevant impacts;

(e)any technical data and other information used or needed to make a detailed assessment of the relevant impacts.

5Proposed safeguards and mitigation measures

Information given under section 3(e) must include the following—

(a)for each of the mitigation measures for dealing with the project’s relevant impacts—

(i)a description of the measure; and

(ii)an assessment of the expected or predicted effectiveness of the measure;

(b)any statutory or policy basis for the mitigation measures;

(c)the cost of the mitigation measures;

(d)an outline of an environmental management plan setting out the framework for continuing management, mitigation and monitoring programs for the project’s relevant impacts, including any provision for independent environmental auditing;

(e)the name of the entity responsible for endorsing or approving each mitigation measure or monitoring program;

(f)a consolidated list of mitigation measures proposed to be undertaken to prevent, minimise or compensate for the project’s relevant impacts, including measures proposed to be undertaken by the State, a local government or the proponent.

6Other approvals and conditions

(1)Information given under section 3(f) must include the following—

(a)details of any planning instrument under the Planning Act dealing with the project, including—

(i)what environmental assessment of the project has been, or is being, carried out under the planning instrument; and

(ii)how the planning instrument provides for preventing, minimising and managing the project’s relevant impacts;

(b)a description of any approval, other than the Commonwealth approval, obtained from a State or Commonwealth entity, including any approval conditions applying to the project;

(c)a statement identifying any other required approval, other than the Commonwealth approval;

(d)a description of the monitoring, enforcement and review procedures applying, or proposed to apply, to the project.

(2)In this section—

Commonwealth approval means the Commonwealth Minister’s approval of the action the subject of the project under the Commonwealth Environment Act, part 9.

7Proponent’s environmental record

(1)The EIS or IAR must include details of any proceeding under a law of the Commonwealth or a State for the protection of the environment or the conservation and sustainable use of natural resources (an environmental law) against—

(a)the proponent; or

(b)the applicant for any permit under an environmental law for the project.

(2)If the proponent is a corporation, the EIS or IAR must include details of the corporation’s environmental policy and planning framework.

8Information sources

The EIS or IAR must state the following about information given in the EIS or IAR—

(a)the source of the information;

(b)how recent the information is;

(c)how the reliability of the information was tested;

(d)any uncertainties in the information.

section 10

1Definition for schedule

In this schedule—

relevant environmental impacts, of a coordinated project, means the impacts the project has, will have, or is likely to have, on a matter protected by a specified provision.

2General information

The draft protected matters report must include information about the background of the project, including the following—

(a)the project’s title;

(b)the proponent’s full name and postal address;

(c)a clear outline of the project’s objective;

(d)the project’s location;

(e)the background to the project’s development;

(f)how the project relates to any other actions, of which the proponent should reasonably be aware, that have been, or are being, taken or that have been approved in the area affected by the project;

(g)the project’s current status;

(h)the consequences of not proceeding with the project.

3Description

The draft protected matters report must include information that describes the project, including the following—

(a)the project’s components;

(b)the precise location of works to be undertaken, structures to be built or components of the project that may have relevant environmental impacts;

(c)how the works are to be undertaken and design parameters for aspects of the structures, or components, of the project that may have relevant environmental impacts;

(d)the project’s relevant environmental impacts;

(e)proposed safeguards and mitigation measures for dealing with the project’s relevant environmental impacts;

(f)any other requirements for, or conditions of, approval applying, or that the proponent reasonably believes are likely to apply, to the project;

(g)economic and social matters that have arisen, or will or are likely to arise, from the project being undertaken;

(h)to the extent reasonably practicable, any feasible alternatives to the project, including—

(i)if relevant, the alternative of not proceeding with the project; and

(ii)a comparative description of the impacts of each alternative on the matters protected by specified provisions for the project; and

(iii)sufficient detail to clarify why any alternative is preferred to another;

(i)any consultation about the project, including—

(i)consultation taken and any documented response to, or result of, the consultation; and

(ii)proposed consultation about the project’s relevant environmental impacts;

(j)an identification of affected persons, including a statement mentioning any communities that may be affected and describing the communities’ views.

4Relevant environmental impacts

Information given under section 3(d) must include the following—

(a)a description of the project’s relevant environmental impacts;

(b)a detailed assessment of the nature and extent of the likely short-term and long-term relevant environmental impacts;

(c)a statement about whether any relevant environmental impacts are likely to be unknown, unpredictable or irreversible;

(d)an analysis of the significance of the relevant environmental impacts;

(e)any technical data and other information used or needed to make a detailed assessment of the relevant environmental impacts.

5Proposed safeguards and mitigation measures

Information given under section 3(e) must include the following—

(a)for each of the mitigation measures for dealing with the project’s relevant environmental impacts—

(i)a description of the measure; and

(ii)an assessment of the expected or predicted effectiveness of the measure;

(b)any statutory or policy basis for the mitigation measures;

(c)the cost of the mitigation measures;

(d)an outline of an environmental management plan setting out the framework for continuing management, mitigation and monitoring programs for the project’s relevant environmental impacts, including any provision for independent environmental auditing;

(e)the name of the entity responsible for endorsing or approving each mitigation measure or monitoring program;

(f)a consolidated list of mitigation measures proposed to be undertaken to prevent, minimise or compensate for the project’s relevant environmental impacts, including measures proposed to be undertaken by the State, a local government or the proponent.

6Other approvals and conditions

Information given under section 3(f) must include the following—

(a)details of Commonwealth or State policies, guidelines or other instruments that are relevant to the relevant environmental impacts;

(b)a description of any approval obtained from a Commonwealth or State entity, including any approval conditions applying to the project;

(c)a statement identifying any other required approval;

(d)a description of the monitoring, enforcement and review procedures applying, or proposed to apply, to the project.

7Proponent’s environmental record

The draft protected matters report must include information about the proponent’s environmental record.

8Information sources

The draft protected matters report must state the following about information given in the report—

(a)the source of the information;

(b)how recent the information is;

(c)how the reliability of the information was tested;

(d)any uncertainties in the information.

section 29(1)

1Definitions for schedule

In this schedule—

part 2 project means a project in relation to which part 2 of this regulation applies.

resource project see the Environmental Protection Act, section 112.

resource tenure see the Environmental Protection Act, schedule 4.

significant off-tenure project means a project that—

(a)relates to a resource project; and

(b)is carried out on land, other than land to which the resource tenure for the resource project applies.

superseded lapse date, for a declaration under section 26 of the Act, means the date the declaration would have lapsed if the Coordinator-General had not, under section 27A(3) or 27B(3) of the Act, stated a later time for the declaration to lapse.

2Operation of schedule

(1)This schedule provides for the fees mentioned in section 25A of the Act.

(2)The fees are for the matters relating to the administration of part 4 of the Act by the Coordinator-General that are stated in part 2, tables 1 to 5, column 1.

3When fees are payable

The fee for each of the matters stated in part 2, tables 1 to 5, column 1 is payable on the happening of the event stated opposite the matter in column 2 of the table.

4Amount of fees

(1)The amount of the fee for each of the matters is—

(a)if the fee becomes payable before 1 July 2021—the prescribed amount; or

(b)if the fee becomes payable during the financial year beginning 1 July 2021—the prescribed amount, CPI indexed for the financial year beginning 1 July 2021; or

(c)if the fee becomes payable during any later financial year—the prescribed amount, CPI indexed for the financial year beginning 1 July 2021 and each later financial year.

(2)However, if the amount provided for under subsection (1)(b) or (c) is an amount that is or includes a fraction of a dollar, the amount is taken to be the amount that is the nearest dollar, rounded up.

(3)In this section—

CPI indexed, for a financial year (the relevant financial year), means the addition of any amount that equates to any percentage increase in the CPI between the following quarters—

(a)the March quarter for the financial year before the previous financial year to the relevant financial year;

(b)the March quarter for the previous financial year to the relevant financial year.

prescribed amount means—

(a)for a matter stated in part 2, table 1, 2 or 3—

(i)if subparagraphs (ii), (iii) and (iv) do not apply—the amount stated opposite the matter in column 3 of the table; or

(ii)if the project is a part 2 project, but not a significant off-tenure project—the total of the amounts stated opposite the matter in columns 3 and 4 of the table; or

(iii)if the project is a significant off-tenure project, but not a part 2 project—the total of the amounts stated opposite the matter in columns 3 and 5 of the table; or

(iv)if the project is a part 2 project and a significant off-tenure project—the total of the amounts stated opposite the matter in columns 3, 4 and 5 of the table; or

(b)for a matter stated in part 2, table 4 or 5—the amount stated opposite the matter in column 3 of the table.

5Publication of amounts

(1)The Coordinator-General must publish on the department’s website the amount of the fee for each of the matters as worked out under section 4.

(2)A failure to comply with subsection (1) does not limit or otherwise affect the operation of section 4.

section 29(2)

1Definitions for schedule

In this schedule—

amendment application, for an environmental approval, see section 54Z(1) of the Act.

assessment and approval process means the process under part 4A, division 3 of the Act for a coordinated project.

2Operation of schedule

This schedule provides for the fees for—

(a)an application under section 54K(1) of the Act for a bilateral project declaration; and

(b)the assessment and approval process for a coordinated project for which a bilateral project declaration has been made; and

(c)an amendment application for an environmental approval; and

(d)a reinstatement request for an environmental approval.

3When fees are payable

The fee for each of the matters stated in part 2, table 1 or 2, column 1 is payable on the happening of the event stated opposite the matter in column 2 of the table.

4Amount of fees

(1)The amount of the fee for each of the matters is—

(a)if the fee becomes payable before 1 July 2021—the amount stated opposite the matter in part 2, table 1 or 2, column 3 (the column 3 amount); or

(b)if the fee becomes payable during the financial year beginning 1 July 2021—the column 3 amount, CPI indexed for the financial year beginning 1 July 2021; or

(c)if the fee becomes payable during any later financial year—the column 3 amount, CPI indexed for the financial year beginning 1 July 2021 and each later financial year.

(2)However, if the amount provided for under subsection (1)(b) or (c) is an amount that is or includes a fraction of a dollar, the amount is taken to be the amount that is the nearest dollar, rounded up.

(3)In this section—

CPI indexed, for a financial year (the relevant financial year), means the addition of any amount that equates to any percentage increase in the CPI between the following quarters—

(a)the March quarter for the financial year before the previous financial year to the relevant financial year;

(b)the March quarter for the previous financial year to the relevant financial year.

5Publication of amounts

(1)The Coordinator-General must publish on the department’s website the amount of the fee for each of the matters as worked out under section 4.

(2)A failure to comply with subsection (1) does not limit or otherwise affect the operation of section 4.

section 29(3)

1Definitions for schedule

In this schedule—

minor change means—

(a)a change to an SDA application that is identified as a minor change to an application under the approved development scheme for the State development area to which the application relates; or

(b)a change to an SDA approval that is identified as a minor change to an approval under the approved development scheme for the State development area to which the approval relates.

pre-lodgement consideration, of a proposed SDA application, means written advice given by the Coordinator-General to the person proposing to make the application.

2Operation of schedule

This schedule provides for the fees for—

(a)an SDA application; and

(b)a change application for an SDA approval; and

(c)pre-lodgement consideration of a proposed SDA application; and

(d)other requests made under an approved development scheme.

3Fees for SDA applications for operational work

(1)The fee for an SDA application for operational work is—

(a)if the construction cost of the operational work is less than $500,000—an amount that is 2.5% of the construction cost, rounded up to the nearest dollar; or

(b)if the construction cost of the operational work is $500,000 or more—the total of the following amounts—

(i)$12,500;

(ii)1.5% of the amount of the construction cost that is more than $500,000, rounded up to the nearest dollar.

(2)However—

(a)if the amount of the fee worked out under subsection (1) for the SDA application is less than $5,000, the fee for the application is $5,000; or

(b)if the amount of the fee worked out under subsection (1) for the SDA application is more than $200,000, the fee for the application is $200,000.

(3)This section is subject to section 5.

(4)In this section—

construction cost, of operational work, means an amount that is the total cost of the operational work stated in a document—

(a)certified by a person registered as a registered professional engineer under the Professional Engineers Act 2002; and

(b)given to the Coordinator-General with the SDA application.

4Fees for matters in pt 4

(1)The fee for each of the matters stated in part 4, table 1, column 1 is—

(a)if the fee becomes payable before 1 July 2021—the amount stated opposite the matter in part 4, table 1, column 3 (the column 3 amount); or

(b)if the fee becomes payable during the financial year beginning 1 July 2021—the column 3 amount, CPI indexed for the financial year beginning 1 July 2021; or

(c)if the fee becomes payable during any later financial year—the column 3 amount, CPI indexed for the financial year beginning 1 July 2021 and each later financial year.

(2)However, if the amount provided for under subsection (1)(b) or (c) is an amount that is or includes a fraction of a dollar, the amount is taken to be the amount that is the nearest dollar, rounded up.

(3)This section is subject to section 5.

(4)In this section—

CPI indexed, for a financial year (the relevant financial year), means the addition of any amount that equates to any percentage increase in the CPI between the following quarters—

(a)the March quarter for the financial year before the previous financial year to the relevant financial year;

(b)the March quarter for the previous financial year to the relevant financial year.

5Fees if SDA applications involve more than 1 aspect of development

Despite sections 3 and 4, if an SDA application is for 2 or more aspects of development, the fee for the SDA application is each fee payable under sections 3 and 4 for each aspect of development.

Examples—

1An SDA application is for a material change of use and operational work. The required fee for the SDA application is the total of the amount payable under section 3 for an SDA application for operational work and the amount payable under section 4 for an SDA application for the material change of use.

2An SDA application is for a material change of use for an extractive activity and a gas transportation infrastructure facility. The required fee for the SDA application is the total of the amount payable under section 4 for an SDA application for a material change of use for an extractive industry and the amount payable under that section for an SDA application for a material change of use for a gas transportation infrastructure facility.

6Fees for pre-lodgement consideration of proposed SDA applications

For a request for pre-lodgement consideration of a proposed SDA application, the fee payable for the request is 5% of the fee payable for the proposed SDA application.

7Fees for change applications

The fee payable for a change application for an SDA approval is—

(a)if the change application is for a minor change to the SDA approval—an amount that is 25% of the fee payable for an SDA application for the SDA approval; or

(b)otherwise—the fee payable for an SDA application for the SDA approval.

8When fees are payable

(1)The fee for an SDA application for operational work is payable on the day the application is made.

(2)The fee for a matter stated in part 4, table 1, column 1 is payable on the happening of the event stated opposite the matter in column 2 of the table.

(3)The fee for a request for pre-lodgement consideration of a proposed SDA application is payable on the day the request is made.

(4)The fee for a change application for an SDA approval is payable on the day the change application is made.

9Publication of amounts

(1)The Coordinator-General must publish on the department’s website the amount of the fee for each of the matters mentioned in section 2 as worked out under part 2.

(2)A failure to comply with subsection (1) does not limit or otherwise affect the operation of part 2.

section 29(4)

1Operation of schedule

(1)This schedule provides for the fees mentioned in sections 153AA(2)(d) and 153AJ(1) of the Act.

(2)The fees are for the matters relating to the exercise of powers under section 125(1)(f) and part 6, division 7 of the Act by the Coordinator-General that are stated in part 2, table, column 1.

2When fees are payable

The fee for each of the matters stated in part 2, table, column 1 is payable on the happening of the event stated opposite the matter in column 2 of the table.

3Amount of fees

(1)The amount of the fee for each of the matters is—

(a)if the fee becomes payable before 2021—the amount stated opposite the matter in part 2, table, column 3 (the column 3 amount); or

(b)if the fee becomes payable during 2021—the column 3 amount, CPI indexed for 2021; or

(c)if the fee becomes payable during any later year—the column 3 amount, CPI indexed for 2021 and each later year.

(2)However, if the amount provided for under subsection (1)(b) or (c) is an amount that is or includes a fraction of a dollar, the amount is taken to be the amount that is the nearest dollar, rounded up.

4Publication of amounts

(1)The Coordinator-General must publish on the department’s website the amount of the fee for each of the matters as worked out under section 3.

(2)A failure to comply with subsection (1) does not limit or otherwise affect the operation of section 3.

section 29(5)

1Application of schedule

(1)This schedule applies in relation to—

(a)an infrastructure facility the subject of a request made before the commencement of the 2012 amendment regulation to the Coordinator-General seeking, for the infrastructure facility, the Governor in Council’s approval under former section 125(1)(f)(ii) of the Act; and

(b)an infrastructure facility approved under former section 125(1)(f)(ii) of the Act.

(2)In this section—

2012 amendment regulation means the State Development and Public Works Organisation Amendment Regulation (No. 2) 2012.

2Definition for schedule

In this schedule—

former, for a provision of the Act, means the provision of the Act as in force immediately before the provision was amended by the Economic Development Act 2012.

3When fees are payable

The fee for each of the matters stated in part 2, table, column 1 is payable on the happening of the event stated opposite the matter in column 2 of the table.

4Amount of fees

(1)The amount of the fee for each of the matters is—

(a)if the fee becomes payable before 2021—the amount stated opposite the matter in part 2, table, column 3 (the column 3 amount); or

(b)if the fee becomes payable during 2021—the column 3 amount, CPI indexed for 2021; or

(c)if the fee becomes payable during any later year—the column 3 amount, CPI indexed for 2021 and each later year.

(2)However, if the amount provided for under subsection (1)(b) or (c) is an amount that is or includes a fraction of a dollar, the amount is taken to be the amount that is the nearest dollar, rounded up.

5Publication of amounts

(1)The Coordinator-General must publish on the department’s website the amount of the fee for each of the matters as worked out under section 4.

(2)A failure to comply with subsection (1) does not limit or otherwise affect the operation of section 4.