ENVIRONMENTAL AUTHORISATIONS

What is an Environmental Authorisation?

In the old EIA Regulations (under the Environment Conservation Act), the Environmental Authorisation was called a Record of Decision. It is the written statement from the Competent Authority permitting or refusing the proposed activity. The Authorisation may contain specific conditions which must be complied with. The Applicant must have an Environmental Authorisation granting permission before commencement of a listed activity.

Issuing of Environmental Authorisations:

• If the Competent Authority decides to grant Environmental Authorisation for a listed activity, the Competent Authority must issue an Environmental Authorisation to, and in the name of, the Applicant.
• If an Applicant intends to undertake two or more activities as part of the same development, the Competent Authority may issue a single Environmental Authorisation covering all the activities for which authorisation is granted.
• Once Environmental Authorisation is issued, it may be
  • APPEALED
  • AMENDED
  • WITHDRAWN
  • SUSPENDED

Contents of an Environmental Authorisation?

• An Environmental Authorisation must specify —
  • the name, address and telephone number of the person to whom the authorisation is issued;
  • a description of the activity that is authorised;
  • a description of the property on which the activity is to be undertaken and the location of the activity on the property, or if it is –
    • a linear activity, a description of the route of the activity; or
    • an ocean-based activity,
    • the coordinates within which the activity is to be undertaken; and
  • the conditions subject to which the activity may be undertaken, including conditions determining —
    • the period for which the authorisation is valid, if granted for a specific period;
    • requirements for the management, monitoring and reporting of the impacts of the activity on the environment throughout the life cycle of the activity; and
    • the transfer of rights and obligations when there is a change of ownership in the property on which the activity is to take place.
  
  
• An Environmental Authorisation may —
  • provide that the authorised activity may not commence before specified conditions are complied with;
  • require the holder of the authorisation to furnish the Competent Authority with reports prepared by the holder of the authorisation or a person who is independent, at specified times or intervals –
    • indicating the extent to which the conditions of the authorisation are or are not being complied with;
    • providing details of the nature of, and reasons for, any non-compliance
    • with a condition of the authorisation; and
    • describing any action taken, or to be taken, to mitigate the effects of non-compliance or to prevent any recurrence of any non-compliance;
  • require the holder of the authorisation to furnish the Competent Authority with environmental audit reports on the impacts of the authorised activity on the environment, at specified times or intervals or whenever requested by the Competent Authority; and
  • include any other condition that the Competent Authority considers necessary for the protection of the environment.