Once the plans are drawn up, then a private developer can look at the plans to see what types of developments are allowed in particular areas and which types of development are likely to require an Environmental Impact Statement to be done before development consent will be considered by the local council. (This EIS would be covered by Part 4 of the Environmental Planning and Assessment Act)

In the case of a public project such as a road a government department or authority is the "determining authority". The determining authority has a Duty to consider environmental impact and whether an an EIS is required. (This EIS would be covered by Part 5 of the Environmental Planning and Assessment Act ). If an EIS is done then it is the Minister responsible, rather than the local council, which decides whether the project should be approved.

In all cases (under both Parts 4 and 5 of the Act), although the Environmental Impact Statement is being done for a single project, it is supposed to consider how well that project fits in with local, regional and state plans.

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