The Law Handbook 2024

1028 Section 11: Rights, activism and fair treatment at work Although the focus is on biophysical issues, social and economic impacts are also considered. In the case of Friends of Mallacoota Inc v Minister for Planning & Minister for Environment & Climate Change [2010] VSC 222, at [61]–[81], the Victorian Supreme Court held that the assessment of the environmental effects of the proposed works was not intended to exclude social effects. The judge noted that this argument would materially reduce the potential utility of the EE Act and that there was nothing in the EE Act that suggested parliament intended this type of limitation. This case suggests that broad issues – and not just environmental considerations – may be included as part of the assessment process. Environmental impact assessment in Victoria The environment impact assessment process in Victoria is closely linked to planning. In Victoria, environmental impact assessments may be required under the EE Act and the Ministerial Guidelines for Assessment of Environmental Effects (made under s 10 EE Act). Environmental impact assessment reports are published by the Department of Energy, Environment and Climate Action ( DEECA ) and are available at www.planning.vic.gov.au. Overview of the process The environmental impact assessment process established by the EE Act has four stages: 1 Referral to the Minister for Planning; 2 A decision is made about whether an environment effects statement ( EES ) is required; 3 The EES process; 4 The Minister for Planning’s assessment. 1  Referral to the Minister for Planning There are three ways a project can come before the Minister for Planning for a decision about whether or not an EES is needed: a the project proponent (i.e. a person in favour of the project) refers the project to the Minister for Planning; b a decision-maker under another Act refers the project to the Minister for Planning; or c the Minister for Planning decides to examine the project. For public works arranged by the Minister for Planning, an EES must be prepared (s 3(1) EE Act). Other decision-makers (including other govern- ment ministers and VCAT) who have to make a decision that could significantly affect the environ- ment may seek advice from the Minister for Planning about whether an EES is needed (s 8 EE Act). Apart from the government’s public projects, the decision-making processes in which an EES may be needed include: a The amendment of a planning scheme. One inquiry panel performs both functions: considers submissions on the proposed rezoning (see ‘Planning schemes’, above) and on the EES; b Certain applications for planning permits; c Development licences and approval of projects that will lead to new discharges of waste into the environment under the EP Act; d The licensing of mineral resources developments. Under the Mineral Resources (Sustainable Development) Act 1990 (Vic) (‘ MRSDAct ’), planning permission is not needed if an EES has been completed. The state planning scheme provides bare requirements for planning permits for mining projects (ss 41–42 MRSD Act); e Licences for proposed pipelines under the Pipelines Act 2005 (Vic). The Major Transport Projects Facilitation Act 2009 (Vic) governs the assessment, approvals and delivery of major transport projects in Victoria. More information about this process is available at www. planning.vic.gov.au/environmental-assessments/ major-transport-project-facilitation-in-victoria. 2 Decision about whether an environment effects statement is required Once a project has been referred to the Minister for Planning, the minister must decide whether or not an EES is required. The Minister for Planning may decide that: • an EES is required; • an EES is not required; or • an EES is not required if certain conditions specified by the Minister for Planning are met. 3 The environment effects statement process Once the Minister for Planning decides that an EES is required for a project, the process of preparing an EES begins. There are five steps in this process: 1 Scope : the scope of the EES is developed by the Minister for Planning, in consultation with the proponent and the public.