DEPARTMENT OF MINES AND ENERGY
www.nt.gov.au
ADVISORY NOTE
ENVIRONMENTAL ASSESSMENT OF MINING PROPOSALS
This advisory note outlines the reasons for, and processes involved in the
referral of a project for environmental assessment under the NT Environmental
Assessment Act
INTRODUCTION
All mineral project proposals require review for referral to the Environmental Protection
Agency (EPA) of the Department of Lands Planning and Environment (DLPE) for
assessment under the NT Environmental Assessment Act. This assessment occurs for
proposed activities detailed within either a Mining Management Plan (MMP) or in a Notice of
Intent (NOI).
A summary of the process is shown below;
Operator submits MMP or NOI
Minerals and Energy Referral
Assessment
Not Referred to EPA
Referred to EPA
Determination under the NT
Environmental Assessment Act
No Further
Assessment
EIS
PER
Management strategies to address PER/EIS
recommendations incorporated into MMP
Assessment under the Mining
Management Act
Minerals and Energy
Advisory #: AA7-009
November 2012
Minerals and Energy
Advisory #: AA7-009
November 2011
If the proposed project is assessed under the Environmental Assessment Act the proponent
will be instructed to prepare either an Environmental Impact Statement (EIS) or a Public
Environmental Report (PER) depending on the scale and complexity of a proposed mining
operation, and the significance of potential impacts.
NOTICE OF INTENT (NOI)
Requirement for a NOI
A NOI is required prior to:

Commencement of a new mining operation;

Changes to an existing mining operation;

Re-opening of an old mine.
A NOI must be submitted in writing by the proponent of the proposed project to the Northern
Territory Government through the Department of Mines and Energy (DME).
All MMPs proposing new activities or significant changes in current activities are also
assessed against the following NOI requirements.
Assessment of a NOI
A NOI is evaluated to determine whether the proposed project should be:

Referred to the Minister for DLPE under the Environmental Assessment Act; or

Managed by the DME under the Mining Management Act.
A range of criteria are carefully considered in determining whether the proposed project
should be referred to DLPE for assessment under the Environmental Assessment Act.
A NOI is examined in relation to:

Potential significant environmental impacts, particularly magnitude, duration,
frequency and extent of impacts;

Significance of the surrounding biophysical environment;

Processes inherent in the proposed action such as inputs and outputs, on-site or offsite effects on the environment; and

Other issues such as, statutory planning, heritage, public health, water resources,
water quality and resource management.
Contents of an NOI
A NOI should contain:

Ample evidence and information about the proponent and the proposed project, to
permit ready analysis of the relationships between the project and the environment;

Suitable technical information from which an assessment of impacts may be
determined.
The following Table of Contents is a suggested guide to preparing a NOI. Depending on the
nature and size of the project, not all the items outlined may need to be included. However,
the more comprehensive and informative a NOI is the more timely the Government’s
assessment is likely to be.
1. General Description
1.1
Name and address of proponent - including address, phone/fax and contact
officer - usually the project manager;
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Minerals and Energy
Advisory #: AA7-009
November 2011
1.2
Project name and location - including a map of the general location not exceeding
1:250 000 scale, aerial photographs if available;
1.3
Tenements involved - including a map showing tenements and proposed access
road;
1.4
History - extent of previous mining/exploration activity in the area.
2. Description of Existing Environment
2.1
Summarise relevant aspects of climate, topography and vegetation;
2.2
Presence of rare or endangered plants or animals;
2.3
Aboriginal and heritage sites;
2.4
Geology and soils - in a regional and local setting.
3. Description of Proposal
3.1
Site layout map - access roads, creeks, pit, stockpiles, north arrow;
3.2
Mining method - scrape, open pit, underground etc.;
3.3
Treatment processes - screening, crushing, gravity separation, CIL, etc.;
3.4
Ore reserves;
3.5
Mining rate, production, mine life;
3.6
Infrastructure - accommodation, septic facilities, power, etc.;
3.7
Workforce - numbers and positions;
3.8
Types of waste material - clay, waste rock, etc.;
3.9
Transportation corridors - access roads, highway intersections etc.;
3.10 Waste management - septic, oil, chemicals, etc.;
3.11 Water management - silt traps, tailings (may require discharge license);
3.12 Rehabilitation - how, when, species types;
3.13 Proposed dates/schedules for construction, production, completion;
3.14 Other resource requirements.
4. Identification of Issues
4.1
Land use - current site, adjacent and proposed post-mining use;
4.2
Potential environmental impacts of mining including waste products, atmospheric
contamination/greenhouse gas emissions, noise, hazardous material - use and
storage;
4.3
Social-economic issues including Aboriginal and heritage issues.
5. Environmental Management of Impacts
5.1
Management of waste products - tailings, water, solids etc;
5.2
Schedule of ongoing monitoring of the environment.
PUBLIC ENVIRONMENTAL REPORT (PER)
If the proposed project is determined to require assessment under the Environmental
Assessment Act, the proponent will be instructed to prepare either a Public Environmental
Report (PER) or an Environmental Impact Statement (EIS).
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Minerals and Energy
Advisory #: AA7-009
November 2011
A PER is called for to assist in assessing environmental impacts that are considered
significant but limited in extent and will be restricted to essential text.
A PER is usually required for a proposed project that has a:

Single or limited number of environmental issues;

Limited magnitude, duration, frequency and extent of impacts.
Generic Process And Time Line For PER Assessment
ACTION
TIME LINE
1
The proponent notifies details of the proposed project to the DME via a
NOI.
Open
2
DME evaluates the NOI and determines the potential environmental
impacts and whether the proposed project requires referral to the Minister
for Lands Planning and Environment (LPE) under the Environmental
Assessment Act.
Within 14 days
3
The Minister for LPE advises the proponent that a PER will be required
for the proposed project.
Open
4
The EPA prepares Draft Guidelines for the preparation of the PER.
5
Draft Guidelines are made available for public and government agencies
review.
14 days
6
Comments are collated, PER Guidelines are amended where necessary
and the Minister for LPE issues the Guidelines and directs the proponent
to prepare a PER.
Within 14 days
of close of
public
comments
7
The proponent prepares a PER and submits it to the Minister for LPE.
8
The PER is advertised for public comment and circulated for government
comment.
Maximum of 28
days
9
The Minister for LPE can request further information (in this instance the
assessment clock stops until the information is received).
Within the 28
days
10
The EPA prepares an assessment and recommendations report on the
PER which is forwarded to the Minister for LPE who reviews it and makes
recommendations to the Minister for Mines and Energy (M&E).
Within 14 days
of expiration of
the above 28
days
11
The Minister for LPE advises the proponent of the determination.
Open
12
The Minister for LPE advises the Minister for M&E that the environmental
process is complete and provides the determination and
recommendations for action by the Minister for M&E.
Open
13
The Minister for M&E notifies DME of the determination and
recommendations.
Open (Usually
within 1 week)
14
DME proceeds with the approval process under the Mining Management
Act.
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Approximately 1
month from NOI
lodgement
Open
Minerals and Energy
Advisory #: AA7-009
November 2011
ENVIRONMENTAL IMPACT STATEMENT (EIS)
An EIS is called for to assist in assessing environmental impacts that are considered
significant either in terms of site specific issues, off-site issues and conservation values
and/or the nature of the proposal.
An EIS is usually required for a proposed project that:

Has a number of environmental issues;

Has greater magnitude, duration, frequency and extent of impacts;

Is affected by International, National or State/Territory legislation or treaties for the
protection of natural habitats, flora and fauna;

Poses significant risk or hazard to public safety; and

Has potential for significant pollution to occur.
Generic Process And Time Line For EIS Assessment
ACTION
TIME LINE
1
The proponent notifies details of the proposed project to the DME via a
Notice of Intent (NOI).
Open
2
DME evaluates the NOI and determines the potential environmental
impacts and whether the proposed project requires referral to the Minister
for LPE under the Environmental Assessment Act.
Within 14 days
3
The Minister for LPE advises the proponent that an EIS will be required
for the proposed project. Note: Commonwealth input on the type and
level of assessment may be required. This depends on the proposal and
whether it requires a Commonwealth decision.
Open
4
The EPA prepares Draft Guidelines for the preparation of the EIS.
5
Draft Guidelines are made available for public and government review.
6
Comments are collated, Draft Guidelines are amended where necessary
and the Minister for LPE issues the EIS Guidelines and directs the
proponent to prepare an EIS.
Within 14 days
of close of
public
comments
7
The proponent prepares a Draft EIS and submits it to the Minister for LPE
(the Minister can determine a date for submission; however, this is
usually left open to the proponent).
Open
8
The Draft EIS is advertised for public comment and circulated for
government comment.
Maximum of 28
days.
9
Public and government comments are forwarded to the proponent.
ASAP
10
The proponent prepares the Supplement to the Draft EIS, addressing the
issues raised during the public and advisory bodies review, and submits
the Supplement to the Minister for LPE (the date can be determined but
is usually open).
Open
11
The Supplement to the Draft EIS is circulated for comment. Note: The
Draft EIS and Supplement form the Final EIS.
Within 14 days
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Approximately 1
month from NOI
lodgement
14 days
Minerals and Energy
Advisory #: AA7-009
November 2011
ACTION
TIME LINE
12
The Minister for LPE can request further information.
Within 21 days
of Supplement
delivery
13
The EPA prepares an assessment and recommendations report based
on the Draft EIS, Supplement and comments received. This report is
forwarded to the Minister for LPE who reviews it and makes
recommendations to the Minister for M&E.
Within 35 days
of Supplement
delivery.
(Minister for
LPE can extend
period)
14
The Minister for M&E notifies DME of the determination and
recommendations.
Open. (Usually
within 1 week)
15
DME proceeds with the approval process under the Mining Management
Act.
ASSISTANCE AND FURTHER INFORMATION
The proponent of the proposed project is encouraged to seek assistance with the preparation
of documentation required for the Government assessment process. Early consultation and
cooperation with the DME is advised to:
 Ensure relevant environmental issues are addressed; and
 The proponent is guided through the assessment process with the minimum of
duplication and delay.
The DME welcomes informative presentations from the proponent in support of their
proposal.
Further Information on the environmental assessment process in the Northern Territory may
be found on the Department of Natural Resources, Environment, the Arts and Sport website;
http://www.nretas.nt.gov.au/environment-protection/assessment/eiaguide. (Link has not been
updated to DLPE yet).
For further information or advice on this subject please contact
Mining Compliance
Department of Mines and Energy
GPO Box 4550, Darwin, Northern Territory 0801
Phone : +61 8 8999 6528
E-mail : mineral.info@nt.gov.au
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Fax : +61 8 8999 6527
Website: www.minerals.nt.gov.au