Definition: A Draft Terms of Reference (Draft TOR) is the preliminary version of the document that sets out the proposed scope, content, and requirements for an Environmental Impact Statement (EIS). It is released for public and stakeholder consultation before being finalised, giving communities, agencies, and interest groups the opportunity to shape what a proponent must assess before a major project can be approved.
What is the Purpose of the Draft TOR?
The Draft TOR is one of the earliest and most important opportunities for public participation in the approvals process for a major project. It represents the Coordinator-General’s initial view of the issues that need to be investigated — but crucially, it is not yet final. By releasing it in draft form, the Coordinator-General invites feedback on:
- Whether all relevant environmental, social, and economic issues have been identified
- Whether the proposed scope of assessment is adequate
- Whether specific local knowledge or community concerns should be incorporated
- Whether particular methodologies, studies, or technical standards should be required
Submissions made during the Draft TOR consultation period directly inform the final Terms of Reference — making this stage one of the most cost-effective points in the entire approvals process for stakeholders to influence project outcomes.
Who Can Submit on a Draft TOR?
The Draft TOR consultation process is open to anyone. Submissions can be lodged by:
- Community members and landowners — particularly those in or near the project area
- Local governments — councils whose areas may be affected by the project
- State government agencies — such as the Department of Environment and Science, Department of Resources, or Transport and Main Roads
- Industry and business groups — including those with economic interests in the project area
- Environmental and conservation organisations — advocating for stronger environmental assessment requirements
- Traditional Owner groups — raising cultural heritage and country-related concerns
- Technical experts and academics — providing specialist input on particular assessment topics
There are no eligibility requirements to lodge a submission — any person or organisation with an interest in the project can participate.
What Happens to Submissions?
All submissions received during the Draft TOR consultation period are considered by the Coordinator-General’s office when preparing the final TOR. While not every submission will result in a change to the TOR, the Coordinator-General is required to have genuine regard to the issues raised.
In practice, submissions that:
- Identify a gap in the proposed scope are likely to result in additional requirements being added
- Provide local knowledge about environmental or cultural values are often incorporated into site-specific assessment requirements
- Raise technical concerns about proposed methodologies may lead to more prescriptive requirements in the final TOR
Submissions are generally not published, but the final TOR implicitly reflects the outcome of the consultation process.
Draft TOR vs. Final TOR
It is important to understand the distinction between the two:
| Draft TOR | Final TOR | |
|---|---|---|
| Status | Consultative — open to comment | Legally binding on the proponent |
| Purpose | Invite feedback and identify issues | Set the mandatory scope of the EIS |
| Who acts on it | Stakeholders lodge submissions | Proponent must comply fully |
| Can it change? | Yes — based on submissions | No — it governs the EIS preparation |
Once the final TOR is released, the proponent must prepare their EIS in full compliance with its requirements. Failure to adequately address the TOR can result in the EIS being deemed inadequate and returned to the proponent for revision.
Typical Consultation Period
In Queensland, the Draft TOR is typically made available for public comment for around 20 business days, though this can vary depending on the complexity and scale of the project. The Coordinator-General may extend the consultation period if there is significant public interest or if the project is particularly complex.
Notices of the Draft TOR consultation are usually published in:
- The Queensland Government Gazette
- Major newspapers circulating in the project area
- The Office of the Coordinator-General’s website
Real-World Example: CopperString 2032
For the CopperString 2032 Project, the Draft TOR process was a critical early milestone:
- 8 July to 2 August 2019 — The Draft Terms of Reference were released for public consultation, allowing a window of approximately 25 days for submissions
- 4 September 2019 — The final Terms of Reference were released, incorporating the outcomes of the consultation process
The Draft TOR for CopperString set the framework for what would become one of the most comprehensive EIS processes in Queensland’s recent history — covering ecological surveys, Indigenous cultural heritage assessments, electromagnetic field studies, social impact assessments, and detailed route corridor analysis across more than 1,000 kilometres of remote and regional Queensland.
Why Engaging at the Draft TOR Stage Matters
For communities and stakeholders, the Draft TOR stage offers a unique strategic advantage — it is far easier and more cost-effective to shape the scope of an assessment before the EIS is prepared than to challenge its conclusions after the fact. Key reasons to engage at this stage include:
- Early influence — issues raised in TOR submissions can result in mandatory assessment requirements that the proponent must address
- Lower cost — participating at the TOR stage requires far less technical expertise than engaging with a completed EIS
- Better outcomes — a well-scoped EIS produces a more thorough and defensible assessment, benefiting both the community and the proponent
- Reduced approval risk — for proponents, a comprehensive TOR reduces the risk of having to revise or supplement the EIS later in the process
Key Takeaway
The Draft Terms of Reference is not just a procedural formality — it is a genuine opportunity to shape how a major project will be assessed. For energy developers, regulators, and communities alike, engaging actively and substantively during the Draft TOR consultation period is one of the most impactful actions available in the entire approvals process.
Published on energyplanning.com.au | Energy Planning Glossary
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