Environmental Impact Assessment in Victoria: Australian Discretion Rules EA!

Victoria enacted EIA legislation in 1978, before any other state in Australia. The current EIA system, which is administered by the state government, is based upon non-mandatory guidelines which are far more comprehensive than the provisions of the law they elaborate. As it has matured, Victoria's EIA system has developed requirements for the consideration of alternatives, screening, scoping (with project-specific outlines), EIA report-quality checks, proponent response to public comment and the preparation of a ministerial assessment report containing recommendations. The use of consultative committees to advise on scoping and EIA report preparation is one of several public participation provisions. EIA system evaluation criteria are advanced and used to help in reviewing the largely discretionary Victorian system, elements of which could serve as an example to other jurisdictions with incomplete EIA legislative requirements, such as the U.K.