Environmental Impact Statement

When you need an Environmental Impact Statement

You will need an EIS for development proposals outlined in section 105 of the Planning Act 2023 (Planning Act). This includes development proposals:

• listed in schedule 1 of the Planning (General) Regulation 2023 (the General Regulation)
• declared by the Planning Minister, which will only occur when there is a risk of significant adverse environmental impact
• where the bilateral EIS process applies
• the Minister responsible for the Public Health Act 1997, which will only occur where a development would likely have a significant effect on public health.

However, an EIS may not be required for a development proposal if an environmental significance opinion (ESO) has been given for the proposal.

EIS process

There are 3 major stages to submit EIS information to the EPSDD:

1. Application for EIS scoping document

   This is when you submit preliminary information on your proposal. The EPSDD will use input from referral entities and give you a scoping document with specific matters to address.

2. Draft EIS application

   This is when you prepare and lodge your draft EIS. You will need to address each matter raised in the scoping document. You must submit your draft EIS application within 18 months of receiving the scoping document. Once the Environment, Planning and Sustainable Development Directorate (EPSDD) receives it, they will assess it against the scoping document. Your draft EIS will go through a public notification for at least 30 working days.

3. Revised EIS application

   This is when you need to address the matters raised during the draft EIS process. You'll need to update and lodge a revised EIS for assessment. You may be asked to address any outstanding matters if required.

Following these steps, if EPSDD is satisfied that the revised EIS addresses the scoping document, they will prepare an EIS assessment report for the Minister.

Once the Minister receives the revised EIS and a copy of the EIS Assessment Report, they may:

• decide to take no action on the EIS, or
• decide to set up an inquiry panel. The Minister must decide this within 15 days of receiving the EIS. If so, the panel must report in writing the result of the inquiry no later than 60 days of establishing the panel. Once the panel has reported the results from the inquiry or the reporting time has ended, the EIS process is complete.

An EIS is finalised when the Minister decides to take no action, or when the inquiry panel reports on the results of the inquiry. A completed EIS is valid for 5 years from the day it is finalised. During this time, applicants can submit their development application (DA) for assessment.

Once the EIS process is complete, the proponent can lodge a DA for a significant development. The EIS process must be finalised before a DA is submitted.

More information on preparing a DA for a development requiring EIS is available in the factsheet: Navigating the planning process - developments requiring an EIS or ESO [537.7 KB].

The EIS expires on the latest of:

• the expiry of an approval under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), when it is submitted as a recent study with the EIS and
• 5 years after the day the EIS is finalised.

More information on the EIS process is available in the Guide to Environmental Impact Statements [760.9 KB].

EIS enquiry panel

An inquiry panel for an EIS may be established when the Minister decides that an EIS needs to be considered in further detail.

Establishing a panel

The Minister must decide whether to establish a panel within 15 working days of receiving an EIS.

If the Minister wishes to establish a panel, they must prepare terms of reference for the inquiry and give the proponent notice of the inquiry. The terms of reference will be published on the ACT Legislation Register.

The Minister will appoint members to the panel including a presiding member of the panel.

The panel's role

The inquiry panel is independent and the Minister must not direct its findings or recommendations.

Once it's established, the panel must report the results in writing in 60 working days. The Minister may choose to extend this period.

Bilateral EIS

Bilateral agreements can reduce duplication. If the Commonwealth Government determines a proposal to be a controlled action under the EPBC Act and it also requires an EIS under the Planning Act, the government may apply the bilateral agreement.

If the bilateral agreement applies, the project will go through the ACT EIS process where the ACT and Commonwealth governments will consult with each other. If the EIS is finalised by the ACT Planning Minister, the EIS assessment report is provided to the Commonwealth Government will then use it in their approval process under the EPBC Act. Read more about the Commonwealth Government's bilateral agreements .

Once the EIS process is complete, you can submit a significant development DA for assessment. The DA process will consider:

• the findings and recommendations of the completed EIS and
• any approval conditions from the Commonwealth Government decision.

Commonwealth protected matters

Some proposals may involve Commonwealth-protected matters if they're listed under the EPBC Act. If it’s in addition to ACT-protected matters, then a bilateral assessment approach can be taken. If there are no ACT-protected matters, then the proposal will be assessed separately by the Commonwealth Government under the EPBC Act before moving onto a DA with EPSDD.

Lodging an EIS application

An EIS scoping document must include enough information about the proposal to understand the potential impacts. More information on these requirements is available in the factsheet Making an EIS Scoping Document or ESO application [564.7 KB].

The required documentation includes a completed Application for Environmental Impact Assessment Processes with the following attached:

• a signed Letter of Authorisation form [418.0 KB], with details and signatures of all lessees or land custodians of the land the proposal relates to
• a statement of the objectives of the project and why it’s needed
• information on the nature of the project
• locality information including maps or plans of the site and any preliminary design drawings
• a preliminary risk assessment (PRA)
• a contamination site assessment or statement from the Environment Protection Authority that an assessment is not required
• a description of the natural conservation values of the site, including relevant spatial data
• a description of the ways you’ll aim to avoid, reduce or offset any impacts on conservation values, including how Biodiversity Sensitive Urban Design Guide design elements have been considered (where applicable)
• any models used to address Water Sensitive Urban Design Guidelines (where applicable)
• information on any decision made under the EPBC Act related to your proposal and
• redacted documentation suitable for public notification (where applicable).

Transition arrangements

Details of current EISs are provided below. Under the transition arrangements in the Planning Act 2023, any active EIS or finalised EIS from the old planning system transfers across.

This means EISs from the old planning system can still support DAs for significant developments until they expire.

Current EIS scoping documents

The territory planning authority has issued the following scoping documents and is currently waiting for the draft EIS to be prepared. The proponent has 18 months from the issuing of a scoping document to lodge their draft EIS application.

Current draft EIS applications

The territory planning authority have received EIS applications for the following proposals. Members of the public have the opportunity to provide a written representation within the public notification period.

Completed EIS

The following EISs are complete. During this time, a proponent is able to submit a DA for a significant development.

Related content

• Navigating the planning process - developments requiring an EIS or ESO [537.7 KB]
• Making an EIS Scoping Document or ESO application [564.7 KB]
• Guide to Environmental Impact Statements [760.9 KB]
• Environmental Impact Assessment
• Environmental Significance Opinion
• Exemption from requiring an EIS
• Development applications