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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 Heritage Protection.

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 Heritage Protection 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 Resources Act 1989 and Petroleum and Gas (Production and Safety) Act 2004

The holder of a mining tenement (mine operator) that uses a state-controlled road for the transport of minerals from a mine over a threshold of 50,000 tonnes per annum, is required to notify Transport and Main Roads (refer section 318EO, Mineral Resources Act 1989).

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 petroleum produced or processed in the area equal to or greater than 50,000 tonnes per annum (threshold rate s515)
  • exceed 50,000 tonnes of haulage per annum to construct a pipeline.

Similar provisions apply under the Petroleum Act 1923, Geothermal Energy Act 2010, and Greenhouse Gas Storage Act 2009.

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’.

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
17 September 2021