community guide to eia...glossary glossary 24224424 draft for draft for public exhibitionpublic...

Draft Environmental Impact Assessment Guidance Series June 2017

Guideline

2

Community Guide to EIA

DRAFT FOR DRAFT FOR DRAFT FOR DRAFT FOR PUBLIC EXHIBITIONPUBLIC EXHIBITIONPUBLIC EXHIBITIONPUBLIC EXHIBITION

CommunityCommunityCommunityCommunity Guide to EIAGuide to EIAGuide to EIAGuide to EIA | June 2017 iiii

June 2017

© Crown Copyright 2017 NSW Government

ISBN 978-0-6480102-0-3

Disclaimer

While every reasonable effort has been made to ensure that this document is correct at the time of printing, the

State of NSW, its agents and employees, disclaim any and all liability to any person in respect of anything or the

consequences of anything done or omitted to be done in reliance or upon the whole or any part of this

document.

Copyright notice

In keeping with the NSW Government’s commitment to encourage the availability of information, you are

welcome to reproduce the material that appears in the ‘Community Guide to EIA for personal, in-house or non-

commercial use without formal permission or charge. All other rights are reserved. If you wish to reproduce,

alter, store or transmit material appearing in the ‘Community Guide to EIA’ for any other purpose, a request for

formal permission should be directed to Planning Services, NSW Department of Planning and Environment,

GPO Box 39 Sydney NSW 2001.


CommunityCommunityCommunityCommunity Guide to EIAGuide to EIAGuide to EIAGuide to EIA | June 2017 iiiiiiii

Contents

1.1.1.1. IntroductionIntroductionIntroductionIntroduction 1111

2.2.2.2. Environmental impact assessmentEnvironmental impact assessmentEnvironmental impact assessmentEnvironmental impact assessment 3333

2.1 Statutory context 3

2.2 An overview of EIA 3

3.3.3.3. ScopingScopingScopingScoping 5555

3.1 Project preparation 5

3.2 The scoping process 5

3.3 Issuing SEARs 6

3.4 Community participation during scoping 7

4.4.4.4. Preparing an Environmental Impact StatementPreparing an Environmental Impact StatementPreparing an Environmental Impact StatementPreparing an Environmental Impact Statement 9999

4.1 What is an EIS and how is it prepared? 9

4.2 Participation during preparation of an EIS 10

5.5.5.5. Public exhibition and responding to submissionsPublic exhibition and responding to submissionsPublic exhibition and responding to submissionsPublic exhibition and responding to submissions 12121212

5.1 How are submissions considered? 12

5.2 Participation during public exhibition of an EIS 13

6.6.6.6. Assessment and determinationAssessment and determinationAssessment and determinationAssessment and determination 15151515

6.1 How is a project determined? 15

6.2 Participation during the Department’s assessment and determination 16

7.7.7.7. Following project approvalFollowing project approvalFollowing project approvalFollowing project approval 18181818

7.1 Post-approval 18

7.2 Compliance 18

7.3 Participation during post-approval 19

8.8.8.8. Modifying projectsModifying projectsModifying projectsModifying projects 21212121

8.1 Types of modifications 21

8.2 The modification process 21

8.3 Participation during modifications 22

9.9.9.9. GlossaryGlossaryGlossaryGlossary 24242424


CommunityCommunityCommunityCommunity Guide to EIAGuide to EIAGuide to EIAGuide to EIA | June 2017 1111

1.1.1.1. IntroductionIntroductionIntroductionIntroduction

Environmental impact assessment (EIA) for State significant projects can seem complex and difficult to

understand. As a result many community members can be unsure about when and how they can participate.

This guideline is designed to:

• provide a clear description of EIA to help community members better engage with the Department of

Planning and Environment (the Department), decision-makers1 and proponents2 seeking consent3 for a

State significant project in NSW

• help community members understand the opportunities available to participate in EIA for State

significant projects in NSW

• describe the information community members can expect to have access to during EIA

• explain how community feedback should be considered by proponents and decision-makers

• explain the courses of action available to community members if they believe their feedback has not

been appropriately addressed.

The Department is committed to ensuring there is community participation in State significant projects,

recognising that people should have a say in matters that affect their lives. Consideration of community and other

stakeholder feedback results in better planning outcomes, particularly when that feedback is provided early in

the EIA.

To achieve a more thorough understanding of EIA this guideline should be read in conjunction with the other

publicly available guidelines covering the following phases of EIA:

• Overview of the EIA Improvement Project

• Scoping an Environmental Impact Statement

• Preparing an Environmental Impact Statement

• Responding to Submissions

• Community and Stakeholder Engagement

• Approach to Setting Conditions

1 The decision-maker is the Minister for Planning, however (except in the case of critical State significant infrastructure), this can be delegated to the

Planning Assessment Commission (the Commission) or senior officers of the Department to exercise the Minister’s decision-making function.

2 A proponent is the person or entity seeking consent for a State significant project, or acting on a consent for a State significant project, including any

entity that has been engaged to assist with project delivery. The terms used in the Environmental Planning and Assessment Act 1979 are, ‘applicant’

for State significant development (SSD) and ‘proponent’ for State significant development (SSI). In this guideline, the term ‘proponent’ is used for

either situation.

3 The terms used in the Environmental Planning and Assessment Act 1979 are ‘‘conditions of consent’’ for SSD and ‘‘conditions of approval’’ for SSI.

For the purposes of this guideline the term ‘‘conditions of consent’’ is used for either situation.



• Modifying an Approved Project

• Peer Review.



2.2.2.2. EnviroEnviroEnviroEnvironnnnmental imental imental imental impact mpact mpact mpact aaaassessment ssessment ssessment ssessment

2.12.12.12.1 Statutory context Statutory context Statutory context Statutory context

EIA is the process of identifying, predicting, assessing, evaluating and mitigating the environmental, social,

economic and other relevant effects of development proposals. It includes project development, consultation

with the community and other stakeholders, preparation and exhibition of an EIS, assessment and determination

of a project, and the post-approval phase when projects are constructed and operated.

The Environmental Planning and Assessment Act 1979 (the Act) governs the planning, assessment and consent

of State significant projects in NSW. State significant projects are projects deemed to have State significance due

to their size, economic value or potential impacts. The Act categorises State significant projects as:

• State significant development (SSD)4 primarily being large-scale development projects

• State significant infrastructure (SSI)5 primarily being large-scale infrastructure projects.

The NSW State Environmental Planning Policy (State and Regional Development) 2011 sets out a range of criteria

to identify the types of projects that are subject to the SSD or SSI pathway.

Further information on State significant projects can be found at: www.planning.nsw.gov.au/Assess-and-

Regulate/Development-Assessment/Systems.

2.22.22.22.2 An overview of EIA An overview of EIA An overview of EIA An overview of EIA

The phases of EIA and where the community and other stakeholders can provide their feedback are shown and

summarised below:

4 See Part 4, Division 4.1 of the Act

5 See Part 5.1 of the Act



3.3.3.3. ScopingScopingScopingScoping

3.13.13.13.1 Project Project Project Project ppppreparationreparationreparationreparation

In preparing a project, the proponent typically prepares a concept design. This includes gathering information to

identify the matters and impacts likely to be considered in the EIS.

For example, proponents need to consider issues such as:

• who and where is the project going to impact?

• what does the project mean for people, in terms of:

o amenity including noise and visual impacts

o heritage

o access to services including road and rail network

o social matters including health and safety?

• what does the project mean for the natural environment, in terms of air quality, biodiversity, water and

land?

• what risks does the project face due to its location including bushfire, flooding and sea level rise?

• who are the major stakeholders with an interest in the project and how should they be engaged?

3.23.23.23.2 The The The The sssscoping coping coping coping pppprocessrocessrocessrocess

3.2.13.2.13.2.13.2.1 Scoping Scoping Scoping Scoping mmmmeetingeetingeetingeeting

Before lodging an EIS, the proponent will meet with the Department to:

• clarify the assessment pathway (i.e. confirm whether the project is State significant)

• discuss the relevant matters to be considered in the EIS based on the currently available information

• discuss the proponent’s proposed approach to engaging with the community and other stakeholders

throughout EIA.



3.2.23.2.23.2.23.2.2 Scoping Scoping Scoping Scoping eeeengagengagengagengagementmentmentment with the communitywith the communitywith the communitywith the community

The Department is requiring all proponents of State significant projects to engage with the community and other

stakeholders during the scoping phase to develop a relationship with the community early in the project, to

provide information about the project, and gather feedback on the matters and impacts that are important to the

community.

Early engagement between the community and proponent doesn’t necessarily mean that alignment is achieved,

but rather that differences in perspectives about the project are identified early. As a result the proponent is in a

better position to address areas of potential community concern during the preparation of the EIS.

3.2.33.2.33.2.33.2.3 PreparPreparPreparPreparinginginging a a a a Scoping RScoping RScoping RScoping Report eport eport eport

Once proponents have identified the relevant matters that need to be addressed, they prepare a Scoping Report

which is submitted to the Department along with the request for the Secretary’s Environmental Assessment

Requirements (SEARs) for the project. The SEARs set out the matters that proponents must address when they

prepare the subsequent Environmental Impact Statement (EIS).

The Scoping Report also provides an overview of the proponent’s proposed approach to engagement during

the subsequent EIS phase, including the approach to dealing with issues of community and other stakeholder

concern identified during scoping.

3.2.43.2.43.2.43.2.4 SeekSeekSeekSeekinginginging ppppublic ublic ublic ublic ccccommentommentommentomment

For projects with a high level of public interest or a high level of potential impacts, the Department may publish

the Scoping Report on its website for 14 days and seek public feedback. This will include all critical SSI projects,

coal seam gas, applications for new mines or extensions to existing mines. The Department may also place the

Scoping Report for other projects on exhibition. The public will be invited to respond to questions to identify the

matters they believe should be addressed in the EIS.

3.33.33.33.3 Issuing Issuing Issuing Issuing SEARsSEARsSEARsSEARs

Before issuing SEARs, the Department will review the Scoping Report and any feedback provided by the public

(if the Scoping Report was publicly exhibited). The Department will also seek feedback from relevant public

authorities.

The SEARs set out clear expectations on the level of assessment for each relevant matter which must be

undertaken as part of the preparation of the EIS. The SEARs will also require the proponent to engage with the

community during the preparation of the EIS, in accordance with the approach described in the Scoping Report

or additional engagement requirements identified by the Department.

For further details on scoping, refer to the Scoping an Environmental Impact Statement Guideline and the

Community and Stakeholder Engagement Guideline.



3.43.43.43.4 Community participation during sCommunity participation during sCommunity participation during sCommunity participation during scopingcopingcopingcoping

3.4.13.4.13.4.13.4.1 What can the community expWhat can the community expWhat can the community expWhat can the community expect in this phase?ect in this phase?ect in this phase?ect in this phase?

During the scoping phase the proponent will have gathered preliminary information about the project area but is

unlikely to have commenced detailed studies. Based on this preliminary information, the proponent’s project

team will have formed an initial view of the relevant matters that should be addressed in the EIS and the

importance of each of these matters. Part of this preliminary information gathering includes building up a picture

of the areas of interest to the community and the level of interest.

Engagement during scoping allows the proponent to obtain the community’s perspective on what should be

addressed in the EIS. During scoping, the proponent will be required to provide the community with the

following information at a minimum:

• a preliminary description of the project

• a map showing the project’s location in both its local and regional context, and at a scale that allows

properties likely to be impacted to be easily identified

• the rationale or reason for the project

• the project’s strategic planning context

• alternatives considered in advance of the decision to pursue the preferred project

• a preliminary analysis of relevant matters for consideration in the EIA, as identified through the Scoping

Worksheet

ScopingScopingScopingScoping

� Community provides feedback to the proponent on matters to be considered in the EIS

� Proponent prepares Scoping Report including identifying relevant matters, community

perspectives on those matters and setting out approach to engagement during the subsequent

preparation of the EIS phase

� Department places Scoping Report on public exhibition for 14 days if project has a high level of

potential impact or public interest and invites public feedback

� Public has the opportunity to respond to online questions in relation to the relevant matters to be

considered in the EIS if the Scoping Report is publicly exhibited

� Department seeks feedback from government agencies on the Scoping Report

� Department finalises and issues the SEARs taking into account feedback from the community and

other stakeholders identified in the Scoping Report, public feedback in response to the exhibited

Scoping Report and input from relevant public authorities



• the point of contact for the community and other stakeholders to obtain more information if needed

• information about how feedback from the community and other stakeholders during the scoping phase

will be considered in the Scoping Report

• an explanation of where scoping fits within EIA, the purpose of participation during the scoping phase,

and the opportunities for participation during the remainder of the EIA.

3.4.23.4.23.4.23.4.2 How can community How can community How can community How can community members members members members participate?participate?participate?participate?

Community members can provide feedback to the proponent on:

• the relevant matters to be considered in the EIS based on the potential environmental, social and

economic impacts

• how they want to participate during subsequent phases including EIS preparation and exhibition.

If the Department exhibits the Scoping Report, the public will be invited to respond to online questions about

the relevant matters to be addressed in the EIS.

The fact sheet ‘Provide feedback on the Scoping Report’ provides guidance on how the public can provide

feedback to the Department on the relevant matters identified in the Scoping Report.

3.4.33.4.33.4.33.4.3 How is community feedback used? How is community feedback used? How is community feedback used? How is community feedback used?

The proponent must:

• consider the matters that were identified by the

community, including any feasible alternatives and the

importance placed on those matters when developing

the Scoping Report. If the matters are not being

addressed in detail in the EIS, the proponent must state

why they are not addressing them and how they will

engage with the community during subsequent phases

to explain these reasons

• explain how the community will be engaged during the

EIS preparation phase.

If the Scoping Report is put on exhibition the Department will

seek public feedback on the matters to be addressed. This public

feedback, along with the community feedback provided to the

proponent when developing the Scoping Report, will be

considered prior to issuing SEARs.

The SEARs will be published on the Department’s website after

they are issued as well as on the project’s website. The SEARs will

include a statement of reasons explaining how all feedback was considered in arriving at final SEARs.

Scoping case studyScoping case studyScoping case studyScoping case study

A solar farm project is proposed

to be constructed in NSW. At

the scoping phase, the

proponent consults with the

community to hear their

concerns. The community share

local knowledge of sightings of

an endangered flora species.

The proponent hears this

feedback and reports it to the

specialist consultant who will

investigate this as part of the

biodiversity assessment in the

preparation of the EIS phase.



4.4.4.4. PreparingPreparingPreparingPreparing anananan EEEEnvironmental nvironmental nvironmental nvironmental IIIImpact mpact mpact mpact SSSStatementtatementtatementtatement

4.14.14.14.1 What is an EIS and how is it prepared?What is an EIS and how is it prepared?What is an EIS and how is it prepared?What is an EIS and how is it prepared?

An EIS is a document that describes the project for which consent is sought, the resulting environmental, social

and economic impacts, and how these impacts will be managed. It also explains the approach to community

engagement including how issues raised have been addressed in the EIS.

The EIS is the main document used by the Department and other regulatory agencies to assess the project, in

order to decide whether the project should proceed. It is also the main document used by the community to

obtain an understanding of the project and its impacts.

With multiple audiences, the EIS needs to provide a summary of non-technical information for those stakeholders

who wish to understand the project at a more general level. It also needs to provide sufficient technical analysis

for stakeholders who wish to gain a more detailed understanding of the impacts and proposed mitigation

measures. As a result, the EIS is typically structured as a series of volumes with summary information provided in

EIS Volume One and detailed technical analysis provided in subsequent volumes.

4.1.14.1.14.1.14.1.1 Preparing Preparing Preparing Preparing anananan EISEISEISEIS

An EIS is prepared by the proponent in accordance with the SEARs issued by the Department. Preparing an EIS is

an iterative process and the document is updated as community feedback is received and the latest technical

reports completed.

4.1.24.1.24.1.24.1.2 Engagement with the Engagement with the Engagement with the Engagement with the ccccommunity ommunity ommunity ommunity

The proponent provides information from its Community and Stakeholder Engagement Plan (CSEP)6 to the

community identifying the engagement activities that they can participate in during the preparation of the EIS.

This will be required to be provided within 28 days of the SEARs being issued and will include the indicative

timing of these activities and how they can find out more information.

As an EIS is prepared over several months, engagement is likely to be an ongoing process, particularly for large

and complex projects. Following engagement, the proponent finalises the draft EIS, which will include a chapter

describing how the engagement outcomes have been met and how community feedback has informed the

project.

6 A CSEP describes the detailed approach by the proponent to achieving the outcomes identified in the Scoping Report and SEARs for participation

during the preparation of the EIS.



For further information regarding an EIS refer to the Preparing an Environmental Impact Statement Guideline and

the Community and Stakeholder Engagement Guideline.

4.1.34.1.34.1.34.1.3 Submit draft EIS for Department reviewSubmit draft EIS for Department reviewSubmit draft EIS for Department reviewSubmit draft EIS for Department review

Once the draft EIS is finalised, it is submitted to the Department for review. If the Department finds the SEARs

have been addressed, the EIS and associated documents are published on the Department’s website and

placed on public exhibition for a minimum of 30 days. Relevant stakeholders are notified in accordance with the

Act. If the SEARs have not been addressed, the Department may request further information from the proponent.

A Development Application may be rejected if the application is illegible or unclear or does not contain

information or documents required by the Environmental Planning and Assessment Regulation 2000

(Regulation)7.

4.24.24.24.2 Participation during preparation of Participation during preparation of Participation during preparation of Participation during preparation of anananan EISEISEISEIS

4.2.14.2.14.2.14.2.1 What can the community expect in this phase?What can the community expect in this phase?What can the community expect in this phase?What can the community expect in this phase?

The proponent will provide community members with the following information:

• details of the project for which approval is sought including the extent to which certain elements of the

project require further design following completion of the EIS

• the project’s potential impacts and how they might be avoided, mitigated or offset

• details on how the proponent plans to engage with the community and other stakeholders during the

preparation of the EIS. These details will be provided within 28 days of SEARs being issued.

The proponent may choose to engage with the community in various ways, including via newsletters, fact sheets,

online forums, surveys, briefings, community information sessions, workshops, public meetings, site visits, email

and social media. The choice of engagement technique by the proponent will depend on the engagement

objectives, as described in the proponent’s CSEP, and the level of community interest in a particular matter.

7 Clause 51 of the Regulation

Preparation of Preparation of Preparation of Preparation of an an an an EISEISEISEIS

� Proponent publishes information on the engagement activities for community participation

� Proponent engages with the community throughout preparation of the EIS

� Proponent prepares EIS and details how issues raised have been addressed

� Proponent finalises and submits draft EIS to the Department

� Department reviews draft EIS to assess whether SEARs have been adequately addressed

� Where SEARs have been adequately addressed, the final EIS is placed on public exhibition

� If the EIS does not adequately address the SEARs, the Department may request further information

� The Department may reject a Development Application if certain requirements are not met



4.2.24.2.24.2.24.2.2 How can the community participate?How can the community participate?How can the community participate?How can the community participate?

Community members can provide feedback on:

• the design of the project, alternative designs considered, the potential impacts and the proposed

mitigation measures as described in project documentation

• their preferred method of engagement in future phases of the project.


Community feedback will be considered by the

proponent in the development of the project design,

assessment of impacts and development of mitigation

measures. The outcomes of the proponent’s engagement

with the community will be reported in the EIS and

include:

• an evaluation of how the engagement outcomes

committed to by the proponent were met

• how the community was engaged by the

proponent through scoping and the preparation

of the EIS

• how community concerns were addressed

during the preparation of the EIS

• how future engagement will occur through the

life of the project, including construction,

operation and decommissioning.

Preparation of an EIS case Preparation of an EIS case Preparation of an EIS case Preparation of an EIS case studystudystudystudy

(Continued from scoping phase case

study)

The specialist consultant is

undertaking the biodiversity

assessment and proposes project

change or mitigation measures to

address concerns raised by the

community about the endangered

flora species at the scoping phase. At

the EIS preparation phase the

proponent consults with the

community to present the findings

from the specialist study and get their

feedback on the project change or

mitigation measures proposed.



5.5.5.5. Public ePublic ePublic ePublic exhibitionxhibitionxhibitionxhibition and responding and responding and responding and responding to sto sto sto submissionsubmissionsubmissionsubmissions

5.15.15.15.1 How are submissions considered?How are submissions considered?How are submissions considered?How are submissions considered?

5.1.15.1.15.1.15.1.1 Public Public Public Public eeeexhibitionxhibitionxhibitionxhibition

The Department will make the EIS publicly available on its website for a minimum of 30 days when it is ready for

public exhibition. Relevant affected community members will be notified by the Department via letter and

newspaper advertisement. During the public exhibition period, any person can make a written submission on

the project including whether they support or object to the project. Refer to the fact sheet ‘How to Make a

Submission’ for more information.

The proponent should continue to engage with the community and other stakeholders during the exhibition

period to facilitate a better understanding of the EIS to assist the community and other stakeholders in making a

submission. In some cases, the Department will arrange briefing sessions during the exhibition period to explain

the assessment and submission process and listen to the community and other stakeholder perspectives on the

project.

For further details on what the proponent is required to do at public exhibition phase refer to the Community and

Stakeholder Engagement Guideline.

5.1.25.1.25.1.25.1.2 Responding to Responding to Responding to Responding to ssssubmissionsubmissionsubmissionsubmissions

After exhibition all submissions8 or a summary of them are sent to the proponent and made available on the

Department’s website. Personal details are omitted if requested by the person making the submission.

Proponents are expected to carefully consider issues raised in each submission and provide responses to the

issue raised including changing the project design, performance criteria or mitigation measures, if considered

appropriate. It is not appropriate to just repeat or refer to the information presented in the EIS unless the

proponent considers the matter raised has been comprehensively addressed.

During the preparation of the response to submissions, proponents may need to engage further with the

community and other stakeholders to participate in developing solutions to the issues raised in submissions. If

the response to submissions phase extends over a long time period, proponents should provide updates to the

community and other stakeholders on the current status of the project.

8 The term ‘‘submissions’’ is only used to describe submissions lodged during the formal EIS exhibition period, however the Department will also

consider feedback provided on projects at any phase in the EIA as part of its assessment of the project.



The proponent’s responses are documented in a Submissions Report9 which is submitted to the Department.

The Submissions Report may be published on the Department’s website.

For further details on what the proponent is required to do at this phase refer to the Responding to Submissions

Guideline.

5.25.25.25.2 Participation during Participation during Participation during Participation during ppppublic ublic ublic ublic exexexexhibitionhibitionhibitionhibition of an EISof an EISof an EISof an EIS

5.2.15.2.15.2.15.2.1 What can the community expect in this phase? What can the community expect in this phase? What can the community expect in this phase? What can the community expect in this phase?

During this phase of the EIA:

• the Department will notify affected community members and public authorities in accordance with the

Regulation, of the public exhibition of the EIS

• the EIS and associated documents will be available on the Department’s website

• the proponent may host information sessions during the exhibition period to allow community

members to ask questions directly to the project team

• the Department may host information sessions to explain EIA, including how to make a submission.


During the public exhibition of the EIS the community is able to:

• review the EIS

• seek clarification from the proponent on the content of the EIS and associated studies

9 The term ‘‘Submissions Report’’ is taken to include a ‘‘Preferred Infrastructure Report’’ for an SSI project.

Public exhibition and responding to submissionsPublic exhibition and responding to submissionsPublic exhibition and responding to submissionsPublic exhibition and responding to submissions

� Department places the EIS on public exhibition for a minimum of 30 days

� Proponents should continue to engage with community and other stakeholders during EIS

exhibition

� For certain projects, the Department will arrange briefing sessions during the exhibition period

� Community makes submissions to the Department

� Department provides copies of the submissions to the proponent

� Proponent responds to the issues raised in a Submissions Report and may engage with the

community and other stakeholders in resolving issues in certain situations



• seek clarification from the Department on the process for making submissions and the subsequent

assessment and determination of the project

• make a submission to comment, support or object to the project either online or by post (refer to the

fact sheet ‘How to Make a Submission’ for more information).


Submissions received during the public exhibition period or a summary of them are sent to the proponent for

their consideration and response. The Department may draw the proponent’s attention to particular issues to be

addressed in their response, for example, where several community submissions relate to an issue.

The proponent prepares a Submissions Report to explain

how the project’s design or the performance criteria or

mitigation measures have changed in response to the issues

raised. The Submissions Report is submitted to the

Department. The Department considers the issues raised in

submissions and the proponent’s response to those issues

in its assessment of the project. If changes are proposed to

the project, the proponent will update the project

description.

If the proponent has not adequately addressed the issues

raised, the Department may request further information or

recommend conditions of consent that mitigate the impact.

Responding to submissions Responding to submissions Responding to submissions Responding to submissions case studycase studycase studycase study

A quarry project is proposed to be

constructed in NSW. Community

members made submissions about

traffic and safety issues at Pitt Road as

they were concerned about

previous accidents involving heavy

vehicles. The proponent made

changes to the project design to

alleviate these concerns including

upgrading Pitt Road to improve the

safety of the intersection and

proposing a new heavy vehicle rest

area.



6.6.6.6. Assessment Assessment Assessment Assessment and and and and ddddeterminationeterminationeterminationetermination

6.16.16.16.1 How is How is How is How is a a a a project project project project determineddetermineddetermineddetermined????

6.1.16.1.16.1.16.1.1 AssessmentAssessmentAssessmentAssessment

During the assessment phase of EIA, the Department reviews all the EIA documentation submitted by the

proponent and assesses the project in accordance with the requirements of the Act and relevant Government

policies and guidelines. The Department carefully considers how the proponent has addressed the issues raised

in public and agency submissions. The Department documents its findings in an Assessment Report.

If the decision-maker is the Minister or a delegate within the Department, the Assessment Report includes

recommended conditions of consent or reasons for recommending refusal. If the decision-maker is the Planning

Assessment Commission (the Commission)10, the Department’s Assessment Report does not contain any

recommendations so that the Commission can make an independent decision.

6.1.26.1.26.1.26.1.2 DeterminationDeterminationDeterminationDetermination

After reviewing the Assessment Report, the decision-maker decides whether to approve or refuse the project.

The determination is published on the Department’s website along with the reasons for refusal if they decide not

to approve the project, or the conditions of consent if they decide to approve the project.

If a community member is not satisfied with a determination, there may be different courses of action to appeal

the determination, as explained in the Appeal Rights Fact Sheet.

10 Except in the case of applications made by or on behalf of a public authority (excluding a local authority).



6.26.26.26.2 Participation during the DepartmentParticipation during the DepartmentParticipation during the DepartmentParticipation during the Department’s ’s ’s ’s aaaassessment ssessment ssessment ssessment and and and and determinationdeterminationdeterminationdetermination

6.2.16.2.16.2.16.2.1 What What What What can the community expect in thesecan the community expect in thesecan the community expect in thesecan the community expect in these phasephasephasephasessss? ? ? ?

During these phases of the EIA:

• the proponent should provide regular updates to the community on the status of the project if the

assessment and determination phases extend over a long time

• the Department will make its Assessment Report and Notice of Determination publicly available on its

website once the project is determined

• the proponent will inform the community of the Department’s determination in accordance with the

consent and advise them of the location of the consent documents and any next steps.


During the assessment and determination phases:

• where the Commission is reviewing or determining the project, members of the community may be

able to participate in a public hearing or public meeting. A public hearing or public meeting allows

individuals or groups the opportunity to make oral submissions to the Commission. For further

information about this process refer to the Guide to Commission Meetings and Guide to Public

Hearings.

Assessment and determinationAssessment and determinationAssessment and determinationAssessment and determination

� Department assesses whether or not the project should be approved

� Department makes a recommendation to the decision-maker

� Where project is being determined by the Commission:

• If requested the Department briefs the Commission

• Proponent, community and other stakeholders may attend and speak at the Commission

hearing and meeting (if meeting held)

� Decision-maker decides whether to refuse or approve the project (and on what conditions if

approved)

� If the project is refused, the decision-maker provides reasons for refusal

� Department publishes the Assessment Report, Notice of Determination and conditions of

consent or reasons for refusal on its website




The decision-maker will consider feedback provided by the community and other stakeholders throughout the

EIA. If the project is referred to the Commission for review and determination, any feedback coming from public

hearings and meetings will also be considered.

If the proponent has not adequately addressed the issues raised, the decision-maker can request further

information or impose conditions to mitigate the impact of the issues.



7.7.7.7. Following project approvaFollowing project approvaFollowing project approvaFollowing project approvallll

7.17.17.17.1 PostPostPostPost----aaaapprovalpprovalpprovalpproval

After a project has been given consent, there may be other approvals11 or further post-approval information

required by the conditions of consent before the project can start. Further post-approval information may include

the preparation and submission of management plans. Management plans set out how the proponent will

manage a specific impact, for example, a traffic management plan.

Ongoing engagement with the community and other stakeholders will be required as part of project approval

and it is the responsibility of the proponent to seek participation in accordance with the conditions of consent.

The CSEP prepared for the EIS phase should be updated to outline the engagement activities through

construction and operation.

7.27.27.27.2 ComplianceComplianceComplianceCompliance

The proponent has an ongoing requirement to ensure that the conditions of consent are complied with, and

must report regularly to the Department on compliance with conditions. The Department’s compliance team is

responsible for enforcing compliance by:

• proactively conducting site inspections and audits

• investigating potential breaches

• publishing the outcomes of community complaints on a monthly basis on the Department’s website

and, where appropriate, advising the community of these outcomes through letters or media

announcements, and Community Consultative Committees. For more information refer to the

Department’s Community Consultative Committees Guidelines (November 2016).

11 Other approvals may include an environmental protection license, a petroleum/mining lease or water access approvals.



7.37.37.37.3 Participation during Participation during Participation during Participation during postpostpostpost----approvalapprovalapprovalapproval


The proponent updates the CSEP to include the engagement activities that will occur during construction and

operation.

The conditions of consent outline what a proponent is required to do through the construction and operation of

a project. Conditions of consent may include requirements to:

• make information publicly available on a project website or via a newsletter

• report on the environmental performance of the project

• notify residents about upcoming works

• establish a complaints and information response line.


During the post-approval phase:

• participation opportunities will be specified by the conditions of consent, such as proponents being

required to regularly communicate with the community through a Community Consultative Committee,

newsletter and public forums etc.

• community members can voice concerns about project construction or operation, including potential

non-compliance with condition requirements. These concerns can be directed to:

PPPPostostostost----approvalapprovalapprovalapproval

� Proponent prepares post-approval documents, including updated CSEP to include engagement

activities through construction and operation

� Department reviews post-approval documents for compliance with conditions of consent

� If post-approval documents do not comply with conditions of consent, proponent must revise

and resubmit the documents

� Proponent is required to comply with all conditions of consent and provide regular reports to the

Department

� Community reports suspected breaches to the Department

� Department monitors compliance with conditions of consent and investigates reported

suspected breaches

� Department publishes outcomes of any community reports of suspected breaches and/or

complaints on its website



o the proponent via the advertised contact phone number/s or email/s or via the Chairperson or

members of a Community Consultative Committee (if one is in place)

o the Compliance team within the Department who can be contacted on 1300 305 695 or via email

[email protected].


Feedback will typically be used in a number of

ways including:

• the proponent taking actions to

investigate and address feedback and

concerns by the community during

construction and operation of a

project

• the Department investigating if there

has been a breach of the conditions

of consent.

PPPPostostostost----approval case studyapproval case studyapproval case studyapproval case study

A large rail infrastructure project has been

approved. The conditions of consent state that

the proponent must consult with the local

community on the detailed station design for

each station. The community will provide

feedback on matters such as landscaping,

vegetation and opportunities for public art. The

proponent will need to provide evidence of the

consultation that has taken place with the

community and how the feedback has been

addressed.



8.8.8.8. Modifying projectsModifying projectsModifying projectsModifying projects

8.18.18.18.1 Types of modificationsTypes of modificationsTypes of modificationsTypes of modifications

To accommodate project change, a proponent may wish to make an application to modify an existing consent (a

modification).

Modification projects are classified into three different types based on the scale, complexity and the likely level of

environmental impact. The classifications are:

• Type 1 (Administrative) - a modification to correct a minor error, misdescription or miscalculation

• Type 2 (Minor) - a modification involving minimal environmental impact

• Type 3 (Other) ---- all other modifications including modifications with a more moderate to complex

environmental impact.

8.28.28.28.2 The mThe mThe mThe modification processodification processodification processodification process

8.2.18.2.18.2.18.2.1 Engagement with the communityEngagement with the communityEngagement with the communityEngagement with the community

The classification will help determine important requirements for the modification, including engagement. For

Type 3 modifications, proponents are required to undertake the same scoping process as required for new

projects, which includes engaging with the community and other stakeholders based on minimum requirements

for the information to be provided and the feedback to be obtained on defined issues as outlined in the

Community and Stakeholder Engagement Guideline.

Not all Type 3 modifications will be issued SEARs. The meeting with the Department during the scoping phase

for modifications will be used to discuss the approach to engagement prior to the lodgement of the Modification

Application. Proponents will need to document the outcomes from engagement for modifications in an

Environmental Assessment rather than a Scoping Report. This is used by the Department as the primary

document for assessment of the Modification Application.

For Type 3 modifications the Environmental Assessment will be placed on public exhibition by the Department

and the community and other stakeholders will have the opportunity to participate by making submissions. The

Department may also place the Environmental Assessment for Type 1 and 2 modifications on exhibition.

8.2.28.2.28.2.28.2.2 Public Public Public Public eeeexhibitionxhibitionxhibitionxhibition

Type 3 SSD modifications are required to be publicly exhibited for 14 days. When a modification is publicly

exhibited, documents are made available on the Department’s website and the community is invited to make a

submission.



8.2.38.2.38.2.38.2.3 Assessment and Assessment and Assessment and Assessment and rrrrecommendationecommendationecommendationecommendation

Once the assessment of the modification is finalised, the Department’s Assessment Report will be provided to

the Minister for determination. In most circumstances, a delegate of the Minister such as the Commission or

senior officer of the Department will decide whether to approve or refuse the modification.

8.2.48.2.48.2.48.2.4 DeterminationDeterminationDeterminationDetermination

When deciding whether to approve or refuse the modification, the decision-maker must only consider issues

relevant to the modification. This means that matters raised during the original project application cannot be

revisited if they are not relevant to the modification. If a modification is approved, the original planning consent is

amended to reflect the project change. If a modification is refused, the decision-maker must provide reasons for

refusal.

For information about modification projects, refer to the Modifying an Approved Project Guideline.

8.38.38.38.3 Participation during modificationsParticipation during modificationsParticipation during modificationsParticipation during modifications


• Type 3 modifications will be exhibited for public comment.


When a Modification Application is lodged, the community can:

• provide comment at the public exhibition phase by making a submission online via the Department’s

website on the matters that relate to the project change rather than raising matters in relation to the

original development. This feedback may:

o identify any additional potential impacts arising from proposed changes

o comment on the suitability of any mitigation measures

o comment on the acceptability of impacts.

Modifying an approved projectModifying an approved projectModifying an approved projectModifying an approved project

� Proponent attends Scoping Meeting with Department if required

� Proponent engages with community on the matters being assessed in the environmental

assessment (for some Type 3 modifications)

� Proponent submits Modification Application to the Department

� Department places Type 3 modifications on public exhibition

� Department assesses whether or not the modification should be approved

� Decision-maker decides whether to refuse or approve the modification




Community perspectives on a modification project will be considered by:

• proponents who must consider and respond to issues raised by the community, if requested to do so

by the Department

• the Department when undertaking its assessment of the modification.

9.9.9.9. Glossary Glossary Glossary Glossary

(The) Commission The Planning Assessment Commission.

Community A group of people living in a specific geographical area or with mutual

interests that could be affected by a State significant project.

Community and other

stakeholders

All those with a stake in a project including community members that may

be impacted by, or interested in the project.

Community Consultative

Committee

A technique for the proponent to meet the engagement outcomes and

maintain regular two-way communication with stakeholders through the

life of a project, including reporting on project progress and impacts and

obtaining stakeholder perspectives on these impacts.

Conditions of consent The conditions that the Department or decision-maker sets when a project

is approved. The conditions control the way in which development is

constructed or operates. The proponent must adhere to these conditions.

Consent Includes the granting of consent for SSD projects, the approval of SSI

projects and approvals of modifications to those consents and approvals.

Critical SSI A State significant infrastructure project declared by the Minister to be

essential for the State for economic, environmental or social reasons.

Department NSW Department of Planning and Environment.

Engagement The act of seeking the participation of the community and other

stakeholders on behalf of the project proponent or regulatory agencies.

Environmental Impact

Assessment (EIA)

Environmental impact assessment (EIA) is the process of identifying,

predicting, evaluating and mitigating the environmental, social, economic

and other relevant effects of development proposals. It includes scoping

of the project, consultation with the community and other stakeholders,

preparation and exhibition of the EIS, assessment and determination of

the project.

EIA documentation Includes the Scoping Report, EIS, Submissions Report and any other

documentation provided by the proponent up to the point of

determination.

Environmental Impact

Statement (EIS)

The primary document prepared by the proponent which includes

assessment of all relevant matters and impacts associated with a State

significant project.

EP&A Act Environmental Planning and Assessment Act 1979 (NSW).

Key issue A matter that requires detailed assessment, such as a technical study, to

better understand the potential impacts that are likely to arise and identify

project specific mitigation.



Matter An element of the natural or human environments that may be affected by

activities associated with State significant projects.

Minister NSW Minister for Planning.

Mitigation Action taken to reduce the impact that a project may have on a matter.

Modification An approved change to a project that is implemented by modifying an

existing development consent. An application must be made under the

EP&A Act before the modification can be approved.

Other issue A matter whose impacts can usually be managed by well understood and

routinely used mitigation measures. Usually, further information will be

required, but often without the need for a technical study.

Participation The activity whereby the community and other stakeholders have a say

and potentially influence decisions that impact on their lives.

Project Includes applications for State significant development or State significant

infrastructure under the EP&A Act.

Project approval Includes:

• development consent for State significant development

• infrastructure approval for State significant infrastructure.

Proponent The person or entity seeking approval for a State significant project, or

acting on an approval for a State significant project, including any

associated entities that have been engaged to assist with project delivery.

Public The activities which are open to the entire public rather than targeted at

particular stakeholders, for example, public exhibition of the EIS.

Scoping Scoping identifies the matters and impacts that are likely to be relevant

and establishes terms of reference for the Environmental Impact Statement

(EIS).

Scoping Meeting A meeting held between the proponent and the Department to discuss

the project concept and agree on the approach to engaging with the

community and other stakeholders prior to finalising the Scoping Report,

taking into account potential project impact and likely community and

stakeholder interest.

Scoping Report A publicly available document which provides preliminary information on

a project and its potential impacts to support a request for Secretary’s

Environmental Assessment Requirements (SEARs).

SEARs The SEARs (Secretary’s Environmental Assessment Requirements) set out

clear expectations on the level of assessment required for each relevant

matter which must be addressed by the proponent in the EIS.

Secretary The Secretary of the NSW Department of Planning and Environment.

Stakeholder Any person or group with an interest in, or the potential to be affected by,

a State significant project.



State significant development

(SSD)

Development projects which have State significance due to their size,

economic value or potential impacts assessed and approved under part

4.1 of the EP&A Act.

State significant infrastructure

(SSI)

Infrastructure projects which have State significance due to their size,

economic value or potential impacts assessed and approved under Part

5.1 of the EP&A Act.

State significant projects A State significant development or State significant infrastructure project

as defined under the EP&A Act.



For more information about the EIA Improvement Project

visit planning.nsw.gov.au

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