Public notification requirements for environmental authority applications

Some EA applications for resource activities require public notification.

Public notification allows the public to see information contained in your EA application and make submissions for the administering authority to consider when assessing your EA.

When to provide public notification

You must provide public notification if you apply for:

• a new EA for mining activities relating to a mining lease, including standard, variation and site-specific applications
• a site-specific application for a geothermal, GHG storage or petroleum activity
• a progressive rehabilitation and closure plan (PRCP) schedule.

You may need to conduct public notification when applying to amend an EA for a mining activity relating to a mining lease, or an EA for a site-specific geothermal activity, GHG storage activity or petroleum activity, if the administering authority decides the amendment is a major amendment. If you are required to undertake public notification, you will be notified in the notice of assessment level decision.

Note: Public notification may not be required for the above applications if the environment impact statement (EIS) for all activities that are the subject of the application have been notified under the Environmental Protection Act 1994 or State Development and Public Works Organisation Act 1971, in certain circumstances. Furthermore, for a site-specific application for mining activity relating to a mining lease, if a proposed PRC plan was not notified during the EIS process, the notification stage can only start if there is a proposed PRC plan for the application.

How to provide public notification

You will usually be required to publish an application notice (ESR/2016/2378) (DOCX, 145KB) using local or widely read media and communication channels. If you are making a site-specific application, you are required to publish the application notice, application documents, the response to any information requests, and if applicable, the proposed PRC plan, on your company website.

How to provide a submission

Individuals or organisations can provide a submission about an application or a proposed PRC plan for the application by completing and submitting the submission form for an application or amendment application (ESR/2015/1617) (DOCX, 182KB) to the relevant administering authority.

Submissions must be received on or before 4.30pm on the last day of the submission period. The submission deadline and forwarding address are on the application notice.

When you have met all of the public notification requirements for your application, you must notify the administering authority by submitting a declaration of compliance with public notification requirements for resource activities (ESR/2015/1622) (DOCX, 245KB).

How to provide an objection

If the administering authority decides to approve an application for a mining activity relating to a mining lease, the applicant and any submitters will receive a written notice of the decision and draft EA.

A submitter may request that their submission be an objection to the application by completing and submitting the application or amendment application for an environmental authority (mining activities relating to a mining lease) – objection notice/request for referral to the Land Court (ESR/2016/3259) (DOCX, 122KB) to the relevant administering authority. Objections must be received within the objection period stated on the notice of decision.

How to request referral to Land Court

If the administering authority decides to approve an application for a mining activity relating to a mining lease, the applicant may request that the administering authority refer the application to the Land Court by completing and submitting the application or amendment application for an environmental authority (mining activities relating to a mining lease) – objection notice/request for referral to the Land Court (ESR/2016/3259) (DOCX, 101KB) to the relevant administering authority. The request must be given to the administering authority within the period stated on the notice of decision. This notice may also be used to advise the administering authority that a referral to Land Court will not be made, where you are satisfied with the decision.

If the administering authority decides to refuse an application for a mining activity relating to a mining lease, the applicant may request an internal review of the decision or appeal to the Land Court. For more information, read internal review and appeals (ESR/2015/1742) (PDF, 487KB).

Resource activities other than mining

For more information, read public notice requirements and submissions about site-specific applications for EAs for resource activities other than mining (ESR/2016/2384) (PDF, 387KB).

Also consider...

• Find out how to comply with an EA.
• Learn how to change, combine or transfer an EA.
• Find out how to surrender or suspend an EA.
• Read the guideline on Approval processes for environmental authorities (PDF, 884KB) for more details on EA assessment processes.