Review of Environmental Factors - Camden Valley Way Upgrade and Liz Kernohan Drive Extension (Final) - Flipbook - Page 71
8.
PART 5 –ACT ASSESSMENT REQUIREMENTS
8.1
SECTION 5.5 – DUTY TO CONSIDER ENVIRONMENTAL IMPACT
Section 5.5 of the Act provides for consideration of environmental impacts and is outlined below, along
with the potential for impact by the activity. Section 5.5(1) provides for the purpose of attaining the
objects of the Act relating to the protection and enhancement of the environment. In its consideration
of an activity, a determining authority shall examine and consider to the fullest extent possible all
matters affecting or likely to affect the environment by reason of that activity.
Table 5 below provides an assessment of the matters for consideration under Section 5.5 (2), (3) and
(4) of the Act.
Table 5: Matters for Consideration under Section 5.5 of the Act
AUTHORITY
Sub-section 2
Sub-section 3
Without limiting Sub-section (1), a determining
authority shall consider the effect of an activity on any
wilderness area (within the meaning of the Wilderness
Act 1987) in the locality in which the activity is
intended to be carried on.
Sub-section 4
8.1.1
COMMENT
Repealed.
Not applicable. There is no wilderness area within the
locality.
Repealed.
Environmental Planning and Assessment Regulation 2021:
The Regulation provides for specific environmental and planning controls enacted under the Act. Part
8 of the Regulation outlines the mechanisms to determine whether an activity requires an
Environmental Impact Assessment (EIS).
Section 171 of the Regulation requires the determining authority to take into account the
environmental factors specified in the environmental factors guidelines that apply to the activity when
considering likely impacts on the environment. In June 2022, the Department of Planning and
Environment published the document “Guidelines for Division 5.1 Assessments” which has been
applied to the assessment of the proposed activity in accordance with the section 171 requirements.
The guidelines include reference to the environmental factors for consideration in section 171(2) of
the Regulation. These factors are addressed in Table 6 below.
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