Environmental Impact Reports

Module 12
Environmental Impact
Reports
1
Learning Outcomes From This Topic
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
2
DRAFTING & PUBLISHING THE REPORT
 The EI Report
Module 12
Environment Protection & Biodiversity
Conservation Act 1999 (EPBC)
3
ENVIRONMENT PROTECTION & BIODIVERSITY
CONSERVATION ACT 1999 (EPBC) cont.
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.
4 Source: environment.gov.au
CONSERVATION ACT 1999 (EPBC)
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.
5 Source: derm.qld.gov.au
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.
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
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.
8 Source: environment.gov.au
CONSERVATION ACT 1999 (EPBC) cont.
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.
Module 12
Environmental Management
Plan
10
ENVIRONMENT MANAGEMENT PLAN
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.
11 Source: environment.act.gov.au
ENVIRONMENT MANAGEMENT PLAN cont.
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.
12 Source: environment.act.gov.au
Module 12
Environmental Assessment
13
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.
14 Source
The EA aids : environment.act.gov.au
in preparing the EIS when a FONSI is not
applicable.
An ENVIRONMENTAL ASSESSMENT consists of

 Creating baseline data and information
 The Project’s 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.
15 Source : environment.act.gov.au
ENVIRONMENTAL ASSESSMENT cont.
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
IMPLEMENTING THE EA
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.
IMPLEMENTING THE EA cont.
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
18 forthcoming.
Source: derm.qld.gov.au
IMPLEMENTING THE EA cont.
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.
Module 12
Environmental Impact
Statement
20
ENVIRONMENTAL IMPACT STATEMENT
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.
21 Source: aplng.com.au
EIS PURPOSE
The PURPOSE of the EIS is to
 assess the Project’s 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,
EIS PURPOSE cont.
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.
EIS PROVISIONS
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.
EIS PROVISIONS cont.
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.
EIS PARTS
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.
EIS PARTS cont.
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.
EIS PROCESS
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.
EIS PROCESS cont.
Informal EIS Process Flowchart
29
Source: dlsweb.rmit.edu.au
DISSEMINATING INFORMATION
WEB PROTOCOL
 Post EIS and related Project documents (i.e.: initial

advice statements, terms of reference(ToR)) on the
proponent’s 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.
DISSEMINATING INFORMATION cont.
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
PUBLISHING
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.
Module 12
EIS Scoping
33
EIS SCOPING
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,
EIS SCOPING cont.
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
Module 12
Public Notification
36
PUBLIC NOTIFICATION
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.
PUBLIC CONSULTATION
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.
SITE VISITS
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.
Module 12
Drafting & Publishing The Report
40
THE EI REPORT
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.
THE EI REPORT cont.
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.
PUBLISHING
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.

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Module 12

ENVIRONMENTAL IMPACT STATEMENT

The ENVIRONMENT PROTECTION & BIODIVERSITY

POLICY REGULATION & RESPONSIBILITY:

The EPBC classifies the following as

A SIGNIFICANT IMPACT has

The EPBC ACT is implemented by

A SIGNIFICANT IMPACT has

Environmental Ministries and

REGARDLESS OF OTHER ADVERSE ENVIRONMENTAL

PENALTIES FOR BREACHING THE EPBC ACT

The ENVIRONMENTAL PROTECTION ACT 1997

The ENVIRONMENT MANAGEMENT PLAN (EMP) provides

The EMP defines

THE ENVIRONMENTAL ASSESSMENT (EA)

THE ENVIRONMENTAL ASSESSMENT provides

The EA proves compliance with the Act when NO EIS is

An ENVIRONMENTAL ASSESSMENT consists of

The EA is made public

The EA is announced by a Public Notice advertisement

 Preliminary site investigations,

The EA is a draft public document when Project Notice is

A15-Day review period is required.

Comments are submitted to the lead Agency

A Public Hearing is NOT held to hear public comments.

CONDUCT an INITIAL SITE ASSESSMENT

2. Identify and assess potential air, noise, and other

The ENVIRONMENTAL IMPACT STATEMENT

 lists and describes impacts,

The EIS should enable reasonable economic and

The PURPOSE of the EIS is to

 assess the Project’s potentially harmful as well as

 describe procedures to manage, monitor, plan,

 help determine Project feasibility,

 help determine Project activity feasibility,

 provide Project feasibility and impact mitigation

The PURPOSE of the EIS cont.

 provide recommendations and aid in preparing a Project

 assist the administering Authority in reviewing the

 Provide information to other Commonwealth and State

 meet assessment requirements in accordance with the

 permit the State to meet its obligations in accordance

The EIS provides information

for mitigating adverse on-site and indirect impacts

The EIS provides an outline

EIS MITIGATION MESURES

that state acceptable impacts and

Every EIS consists of

 the EXECUTIVE SUMMARY,

EIS APPENDICES must include

 a copy of the Final Terms of Reference,

THE EIS PROCESS

The EIS process is coordinated by

The EIS Process is completed

 Post EIS and related Project documents (i.e.: initial

 File sizes of document downloads should be less than

 File format should be universally compatible (i.e.: Word,

 Public advertising should NOT BE EXCLUSIVE to the

 The website should NOT be the only place to obtain EIS

 An email address should be provided for submissions,

WEB PROTOCOL cont.

 Keep hard copies of all email submissions.