Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 45

Making bilateral agreement

             (1)  On behalf of the Commonwealth, the Minister may enter into a bilateral agreement.

Note 1:       A bilateral agreement can detail the level of Commonwealth accreditation of State practices, procedures, processes, systems, management plans and other approaches to environmental protection.

Note 2:       Subdivision B sets out some prerequisites for entering into bilateral agreements.

What is a bilateral agreement ?

             (2)  A bilateral agreement is a written agreement between the Commonwealth and a State or a self-governing Territory that:

                     (a)  provides for one or more of the following:

                              (i)  protecting the environment;

                             (ii)  promoting the conservation and ecologically sustainable use of natural resources;

                            (iii)  ensuring an efficient, timely and effective process for environmental assessment and approval of actions;

                            (iv)  minimising duplication in the environmental assessment and approval process through Commonwealth accreditation of the processes of the State or Territory (or vice versa); and

                     (b)  is expressed to be a bilateral agreement.

Publishing notice of intention to enter into agreement

             (3)  As soon as practicable after starting the process of developing a draft bilateral agreement with a State or self-governing Territory, the Minister must publish, in accordance with the regulations (if any), notice of his or her intention to develop a draft bilateral agreement with the State or Territory.

Publishing bilateral agreements and related material

             (4)  As soon as practicable after entering into a bilateral agreement, the Minister must publish in accordance with the regulations:

                     (a)  the agreement; and

                     (b)  a statement of the Minister's reasons for entering into the agreement; and

                     (c)  a report on the comments (if any) received on the draft of the agreement published under Subdivision B.