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Have your say on an EIS

Public Consultation

Under the Environmental Protection Act 1994 (EP Act) anyone can have their say during the draft terms of reference (TOR) and environmental impact statement (EIS) public notification periods.

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All stakeholders, interested organisations and the public are invited to have their say during the draft terms of reference (TOR) and environmental impact statement (EIS) public notification periods.

Who are affected and interested persons for an EIS project?

Affected and interested persons are defined under the EP Act. Affected persons include groups and persons with rights or interests in the land affected by a project. Interested persons are any person that may have a financial or non-financial interest in the local government area in which the project would be situated (e.g. unincorporated community or environmental bodies).

Comments on a draft TOR

The TOR are used to define the purpose and structure of the EIS. Before an EIS is developed, the proponent will develop draft terms of reference for the EIS.

Once the proponent has submitted the draft TOR and the draft TOR has been accepted by the department, a notice containing details about the draft terms of reference will be placed on the department’s website. The proponent must also provide a copy of this notice to affected and interested persons.

The draft TOR public notification period is a minimum of 30 business days during which anyone is invited to comment on whether the draft TOR adequately cover matters the project proponent must include in an EIS.

If you decide to make a submission on a draft TOR, it must be ‘properly made’. This means the submission must:

  • be written
  • signed by the writer(s)
  • state the name and address of each writer
  • be made to the Chief Executive
  • be received on or before the last day of the submission period.

TOR comment template

The department recommends using the draft TOR commenting template (DOCX, 264KB) to assist you in making effective comments on the draft TOR.

What happens to my comments?

The proponent must respond to comments, and make any necessary adjustments to the terms of reference required as a result.

The department’s Chief Executive considers the comments received, and finalises the TOR.

Make a submission on an EIS

All stakeholders, interested organisations and the public are invited to make submissions on an EIS during the EIS public notification period. Submissions can be made on the adequacy of the EIS assessment of impacts and commitments.

The EIS is available on the proponent’s website for a minimum of 30 business days for people to review the documents and provide a submission.

If you decide to make a submission on the EIS, it must be ‘properly made’. This means the submission must:

  • be written
  • signed by the writer(s)
  • state the name and address of each writer
  • be made to the Chief Executive
  • be received on or before the last day of the submission period.

EIS submission template

The department recommends using the EIS submission template (DOCX, 263KB) to assist you in providing a submission on an EIS.

What happens to my submission?

The proponent must respond to all submissions, and make any necessary adjustments to the EIS as a result of the submissions.

The department must also consider the EIS submissions when preparing the EIS assessment report. This final report assesses the proponent’s EIS, and can include conditions that would be attached to any environmental authority (EA) granted for the project.

In some circumstances, making a submission on the EIS may be the only opportunity for the public to make a submission about a proposed project. This is because there is no opportunity to make a submission on the EA if:

  • the project’s EIS has been completed
  • the project’s environmental risks of the activities have not changed since they were assessed in the EIS
  • the way the activities will be carried out has changed, the change is unlikely to attract a submission.

If a person makes a properly made submission on the EIS they are able to:

  • object to the draft EA for a mining project in the Land Court or
  • appeal to the Land Court about a decision to approve a final EA for a petroleum project.

*Note that there may be processes and costs associated with this step and it is recommended you seek independent legal advice before choosing to undertake any court action.

EIS projects that are currently out for public notification can be found on the department's website.

Privacy Statement

Please note that it is a statutory requirement that all submissions (including names and addresses) will be provided to the proponent as required und section 44 and 56 of the EP Act, so that they may consider them and provide a response to the department. This consultation is a public process, and any submission you provide may be published (including online) and may be transmitted outside of Australia. You may wish to bear this in mind when providing your submission. Your information will not be disclosed by the department to any other parties unless authorised or required by law.

For further privacy information go to our website or email privacy@des.qld.gov.au.