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Development under other legislation

The Department of Transport and Main Roads has an advisory role for significant projects under specific legislation as outlined below.

State Development and Public Works Organisation Act 1971

The State Development and Public Works Organisation Act 1971 provides the Coordinator-General the power to declare a project to be a ‘coordinated project', based on a range of criteria related to the project's size, complexity, significant employment or investment opportunities or potential effects on infrastructure and/or the environment. Once a project is declared a coordinated project, an environmental impact statement (EIS) is usually required to ensure the project's environmental, social and economic impacts are appropriately considered. As part of the EIS process under the State Development and Public Works Organisation Act 1971, the department will provide input to the Coordinator-General in relation to its state interests.

Environmental Protection Act 1994

The Environmental Protection Act 1994 provides for the environmental regulation of the mining industry and other proposals as required, including the need for an environmental impact statement and management of this process by the Department of Environment and Science.

As most declared coordinated projects and mining projects are likely to have significant impacts on different transport modes, the Coordinator-General and Department of Environment and Science usually invite the department to participate in their environmental impact statement processes. This provides an opportunity for the department to identify and assess the impacts of a particular project, and where relevant request appropriate impact mitigation measures be put in place.

Mineral and Energy Resources (Common Provisions) Act 2014 and Mineral and Energy Resources (Common Provisions) Regulation 2016

The Mineral and Energy Resources (Common Provisions) Act 2014 and the Mineral and Energy Resources (Common Provisions) Regulation 2016 set out the legislative framework for a notifiable road use between a resource authority holder (‘the resource company’) and public road authority.

A resource company that uses a state-controlled road for particular resource activities where haulage rates exceed 50,000 tonnes per annum is required to notify the Department of Transport and Main Roads (refer to section 62 of the Mineral and Energy Resources (Common Provisions) Act 2014).

Proponents of gas and petroleum projects that use state-controlled roads are required to notify the department should they:

  • perform seismic survey or drilling activity
  • transport minerals, GHG streams or petroleum produced or processed in an authorised area equal to or greater than 50,000 tonnes per annum (threshold rate section 26 of Mineral and Energy Resources (Common Provisions) Regulation 2016)
  • exceed 50,000 tonnes of haulage per annum to construct a pipeline.

The Department of Transport and Main Roads can require assessment of the ‘notifiable road use’; can give a ‘road use direction’; and the tenement holder may have to compensate road authorities for their impacts on the safety or condition of roads affected by the ‘notifiable road use’. For additional detail about the process, see section 5.4 of our Guide to Traffic Impact Assessment and the Notifiable Road Use Agreement Protocol.

If you are carrying out any of these activities you will need to contact your local Transport and Main Roads office.

Key documents

A number of documents relevant to these assessments can be found on the technical standards and guides page. In addition, other relevant documents include:

Last updated
01 August 2022