EP(ES)OLA Act—changes to the EIS process
There have been changes to the environmental impact statement (EIS) assessment process due to Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment Act 2026 (EP(ES)OLA Act) amendments to the Environmental Protection Act 1994 (EP Act). These changes commenced on 16 June 2026.
What are the changes to the EIS process?
Key changes to the EP Act EIS provisions are:
- public notification of the draft terms of reference (TOR) is no longer required (removed sections 42-45)
- the public interest evaluation (PIE) process has been removed and more defined public interest considerations (PIC) included for progressive rehabilitation and closure plan schedules (new section 126E).
Questions and answers
Will the removal of the public notification of the TOR impact my EIS project currently under assessment?
No, your current process won’t be impacted. This is because all EP Act EIS projects under assessment at the time of commencement had already passed the public notification of the TOR. This will not invalidate or require you to restart your assessment. You will continue based on the final TOR issued by the department. Only new applications will no longer require this step.
Will the removal of the public notification of the TOR make my upcoming EIS project assessment quicker?
Yes, the timeframes for the TOR stage will be shorter. New applications will not have to present a draft TOR for public notification, nor consider public comment, making the timeframe 15 business days less than before, which is a 25% saving to this stage of the process.
Will the community still be able to input into the EIS process?
Yes, a key part of the EIS process is seeking input and views of the community and impacted and affected persons. The EIS report will still retain the public notification step. It is just the TOR that will no longer have a statutory requirement to seek and consider public input. The department is responsible for issuing the final TOR.
If I was in the process of completing a PIE already, is this still required?
No, if your project proposed a non-use management area (NUMA) and was currently undergoing a PIE assessment at the time of commencement, you will no longer be required to complete the PIE assessment. However, you will still be required to provide a PIC assessment. The information that was being gathered for the PIE can be used to support the PIC.
Will the change from a PIE to a PIC impact my upcoming EIS project assessment?
Yes, the removal of the PIE requirements, particularly in relation to obtaining a report by a qualified entity (section 136A) will no longer apply with respect to rehabilitation requirements where a NUMA is proposed.
A PIC will still be required as part of the assessment process for a proposed progressive rehabilitation and closure plan where the plan proposes a NUMA. There is no prescribed methodology for the PIC. However, new section 126E of the EP Act sets out matters to be considered. These are new and should be considered when preparing an application for an EIS involving a NUMA as part of the final landform design.
A robust assessment framework such as cost benefit analysis should be used to compare the proposed NUMA with alternative post-mining land use options and determine whether the proposed NUMA is in the public interest.
More information
For further information about the EIS process or to discuss how these changes may impact your project, please contact the Environmental Impact Assessment team on email eis@detsi.qld.gov.au