Substituted Process. As the Parties wish to promote efficiency, effectiveness and the harmonization of assessment procedures, when appropriate and agreed to by the Parties, they agree that a Substituted Process may be established when a Project has been referred to the board pursuant to the IFA and to the Minister for a Review Panel pursuant to the Act. The Parties will develop a project-specific agreement in relation to each Project for which the Minister approves a substitution.
Substituted Process a) Where project-specific terms of reference are issued for the public environmental assessment and review under article 3.1, the Substituted Process shall provide all parties including the public and Proponent of the Project an opportunity to submit written comments on these terms of reference,
b) The Substituted Process for the public review shall provide that:
i. the Substituted Process will include a consideration of the factors required to be considered under subsection 16(1) and 16(2) of the Act.
ii. the public has the opportunity to appear before the Substituted Panel at a public hearing;
iii. information on the scope of the Project to be assessed is publicly available;
iv. the public has the opportunity to participate in the scoping of the issues to be assessed in the environmental assessment and review;
v. an outline of the procedures to be followed under the Substituted Process is publicly available;
vi. the public has a minimum of 60 days to review the environmental assessment documentation submitted by the Proponent;
vii. the public has a minimum of 60 days notice of the public hearings;
viii. hearings shall not proceed until the Substituted Panel has determined that all factors to be assessed have been adequately addressed in the environmental assessment documentation;
ix. the public has an opportunity to review and comment on any additional information submitted to the Substituted Panel by the Proponent; x. on completion of the environmental assessment and review the report of the Substituted Panel is submitted to the Minister and to the relevant Regulatory Authority under the IFA;
xi. that the report submitted to the Minister shall set out the rationale, findings, conclusions and recommendations of the Substituted Panel, including any mitigation measures and follow-up programs that should be implemented with respect to the Project;
xii. the report shall be published; and
xiii. in making recommendations on whether a Project is likely to cause significant adverse environmental effects or whether such effects are justified in the circumstances, the Substituted Panel shall consider any criteria that may have been developed pursuant to section 58(1)(a) of the Act.
