Community involvement in mining and petroleum lease approvals

All petroleum leases require a site-specific EA to be completed before the petroleum lease can be granted. This means that each petroleum lease is subject to environmental conditions for the EA that are tailored to the individual project.

Notification of EA application

Resource companies are required to publicly notify their EA application, unless:

1. an EIS process under the State Development and Public Works Organisation Act 1971 or the Environmental Protection Act 1994 has been completed for the relevant activities
2. the environmental risks of the activities have not changed since they were assessed in the EIS
3. if the way the activities will be carried out has changed, the change is unlikely to attract a submission.

The EA application will be published in a locally circulating newspaper. Applications are also made available on the Department of Environment, Science and Innovation's website. Resource companies are also required to publish site-specific EA applications online.

Making a submission

The community has the opportunity to make a submission about a project’s EA application.

The submissions period must be at least 20 business days from the date the EA application was notified.

Submissions must be properly made. This means the submission must:

• be written or electronically submitted
• state the name of the submitter
• be addressed to the chief executive
• be received before the close of the submission period
• state the grounds of submission and the facts and circumstances to support the grounds.

It is important to note that where a petroleum project’s EIS has completed and the project’s environmental risks have not changed, if there are any changes to the way the activities will be carried out and those changes are unlikely to attract a submission, there is no ability to make a submission on the EA. This is because submissions have already been taken regarding the project in the EIS process, and those submissions give standing to appeal the approval of an EA for a petroleum lease in the Land Court.

Internal review of decision

If the chief executive of the Department of Environment, Science and Innovation decides to approve the EA application, submitters (as ‘dissatisfied persons’) can request an internal review of the decision. This means that a different officer from the department, who is not of a less senior office than the original decision-maker, reviews and remakes the decision.

Dissatisfied submitters must ask for an internal review of the decision within 10 business days of being notified of the decision.

The department will notify the dissatisfied submitter of the remade decision and provide the reasons for the decision.

Appeal the grant of an EA

Following an internal review of a decision, any dissatisfied submitter can appeal the decision to approve the EA in the Land Court. This is an appeal of the original decision.

Dissatisfied submitters have 22 business days from the date of the decision to begin an appeal to the Land Court.

Note that the original decision on the EA is still in effect when under internal review or subject to an appeal. Dissatisfied submitters can apply for a ‘stay of decision’, which, if approved, effectively stops the decision until a defined period ends.

Petroleum lease

When a resource company plans to produce petroleum or gas from land as part of a petroleum project, they must first have been granted a petroleum lease. Before a petroleum lease can be granted, the resource company must have a valid EA.

Note that typically before a resource company applies for a petroleum lease, they will have explored the area using an exploration resource authority (an ‘authority to prospect’).

Before a petroleum lease can be granted, the resource company must fulfil certain requirements, including:

• the proposed area is an appropriate area for the proposed petroleum lease activities
• the resource company has the financial and technical capabilities to carry out the project
• the resource company has been granted an EA for the project
• the resource company has provided security for the lease.

There is no ability to object or appeal the grant of a petroleum lease.

Related information

• Read more about applying for an environmental authority.
• Read more on the approvals processes for environmental authorities (PDF, 927KB).