Projects of State significance are assessed under the State Policies and Projects Act 1993.

If the responsible Minister considers that a project is of State significance, they may recommend that the Governor make an order declaring it to be a 'project of State significance'. This declaration order must be approved by Parliament before it becomes effective.

A declaration order may require any order determining a project of State significance to be returned to Parliament for approval before it becomes effective. Any project that is proposed by a government agency or entity must include the requirement to be returned to Parliament for approval prior to any order determining the project becomes effective.

Once the declaration order is made, the Minister directs the Commission to undertake an integrated assessment of the project.

The direction from the Minister may include requirements for the integrated assessment relating to the matters to be addressed, the process to be followed, or the time for it to be completed.

Subject to the Ministerial direction and the requirements of the Act, the process of integrated assessment involves the following steps:

  • The Commission seeks submissions from the relevant Council and agencies with an interest in the project.
  • The Commission makes guidelines for the preparation of reports that are to be presented to the Commission.  The Commission may invite public comment on draft guidelines.
  • The proponent submits reports outlined by the guidelines, and the Commission prepares a draft integrated assessment report.
  • The draft integrated assessment report, supporting reports and information are exhibited, and representations invited.
  • The Commission may then hold hearings in relation to representations and may modify its draft integrated assessment report after considering representations.

A final report is then submitted to the Minister recommending whether or not the project should be approved and any conditions that should apply to approval. The report must be published in the Gazette and the Commission must make it publicly available.

The process taken to arrive at the final decision on a project, can follow several paths. The process depends on the declaration order and whether the Minister accepts or does not accept the Commission report. The process for each scenario can briefly be outlined as follows:

  1. If the Minister accepts the Commission report, the Minister may recommend to the Governor that an order determining the project is made in accordance with the Commission report.
    However, if the declaration order requires it to be returned to Parliament before it becomes effective, the order determining a project is of no effect until it has been approved by resolution of both Houses of Parliament. Parliament will be informed by the Commission report but is not bound by it.
  2. If the Minister wishes to vary the terms of the Commission report, the Minister may recommend to the Governor that an order be made for the project to proceed on conditions. Where the Governor makes such an order, it is of no effect until it has been approved by resolution of both Houses of Parliament.

After a project is approved, the Commission may submit a report to the Minister recommending additional conditions to be applied to the project.  Where both houses of Parliament approved the project, either house may make a resolution to disallow additional conditions.

Back to top