Approvals Process

What is an Environment Effects Statement?

The Minister for Planning is responsible for administering the Environment Effects Act 1978 and deciding whether an Environment Effects Statement (EES) is required under that Act.

An EES will consider the whole proposal including impacts on native flora and fauna, noise, dust, traffic, and stakeholder feedback. This approach is preferred as it enables all aspects of the proposal to be considered by the responsible authority and affected communities.

An EES describes a project and its potential environmental effects. It should enable stakeholders and decision-makers to understand how the project is proposed to be implemented and the likely environmental effects of doing so.

An EES has two main components as follows:

  1. Main report – an integrated document that assesses the potential impacts of the project and examines avoidance, mitigation or other measures to reduce the environmental effects. The main report draws on technical studies, data and statutory requirements such as specific limits for surface water and groundwater quality and waste discharge to the environment.
  2. Technical reports – specialist studies, investigations and analyses that provide the basis for the EES main report. These reports will be exhibited in full, as appendices to the main report.

Who is responsible for preparing an EES?

The proponent is responsible for preparing an EES, including conducting technical studies and undertaking stakeholder consultation.

The onus is also on the proponent to refer a proposal to the Minister for Planning to determine whether an EES is required.

What are the steps in the EES process?

The EES process has the following steps:

  1. preparation of a draft study program and draft schedule by the proponent;
  2. preparation and exhibition of draft scoping requirements by the Department of Transport and Planning (DTP) on behalf of the Minister with public comments received during the advertised exhibition period;
  3. finalisation and issuing of scoping requirements by the Minister;
  4. review of the proponent’s EES studies and draft documentation by DTP and a technical reference group;
  5. completion of the EES by the proponent;
  6. review of the complete EES by DTP to establish its adequacy for public exhibition;
  7. exhibition of the proponent’s EES and invitation for public comment by DTP on behalf of the Minister;
  8. appointment of an inquiry panel by the Minister to review the EES and public submissions received, conduct public hearings and provide a report to the Minister; and finally
  9. following receipt of the inquiry report, preparation of an assessment on whether the project’s environmental effects are acceptable by the Minister for the consideration of statutory decisionmakers.

Please see the diagram below which show the steps taken during the EES process.

EES-process-diagram.jpeg(JPEG, 1MB)

An operator will need to identify and assess possible environmental impacts then suggest actions to reduce the impact. They will need to address potential environmental issues such as:

  • dust and noise emissions control
  • drainage and discharge control (including stormwater management)
  • erosion control
  • noxious weeds and pests control
  • removal or restoration of native vegetation
  • progressive and final rehabilitation
  • groundwater protection.

Is a planning permit required?

Mining

A mining project requires a planning permit unless it has been the subject of an Environmental Effects Statement (EES) and an assessment has been submitted to the Minister. Proposed work that has been subject to an EES under the Environment Effects Act 1978 does not require a planning permit.

Exploration is carried out under a licence issued under the Mineral Resources (Sustainable Development) Act 1990 and does not require a planning permit.

Wind energy facility

The use and development of land for a wind energy facility requires a planning permit under clause 52.32-2 of the VPP.

In addition to the decision guidelines in clause 65.01 (Approval of an application or plan), planning schemes include provisions that apply to assessing proposals for wind energy facilities. These provisions include:

  • the definition of a wind energy facility in clause 73.03 (Land use terms)
  • state planning policy for renewable energy in clause 19.01-2S of the PPF
  • relevant renewable energy regional policies under clause 19.01-2R of the PPF
  • planning provisions and requirements for planning permit applications set out in clause 52.32
  • planning permit exemptions for anemometers erected for less than three years set out in clause 62.02-1.

Consideration is also given to the:

  • Amenity of the surrounding area including noise, blade glint, shadow flicker, electromagnetic interference
  • Landscape and visual impact
  • Flora and fauna
  • Aircraft safety
  • Construction impacts and decommissioning

A single planning permit application can include the wind energy facility and electricity network connection. This approach is preferred as it enables all aspects of the proposal to be considered by the responsible authority and communities.

If an EES is required for a wind energy facility, this process must be completed before the planning permit application can be determined. Many wind energy facilities are not required to be considered through the EES process and are assessed through the planning permit processes.

The Minister for Planning will require a preliminary landscape assessment to accompany a referral of a proposed wind energy facility. Should an EES be required, then it must include an independently peer-reviewed visual impact assessment by a suitably qualified and experienced person.

The ministerial guidelines for assessment of environmental effects under the Environment Effects Act 1978 provide guidance on EES processes.

An EES would consider the whole proposal including the wind energy facility and electricity network connection. This approach is preferred as it enables all aspects of the proposal to be considered by the responsible authority and communities.

A planning permit may also be required for ancillary works which may include:

  • native vegetation removal
  • housing
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