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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Environment Protection and Biodiversity
Conservation Amendment (Bilateral
Agreement Implementation) Bill 2014
No. , 2014
(Environment)
A Bill for an Act to amend the Environment
Protection and Biodiversity Conservation Act 1999,
and for related purposes
No. , 2014
Environment Protection and Biodiversity Conservation Amendment
(Bilateral Agreement Implementation) Bill 2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Referral of controlled actions
3
Environment Protection and Biodiversity Conservation Act 1999
3
Schedule 2--Flexibility in performing assessment of controlled
actions
7
Environment Protection and Biodiversity Conservation Act 1999
7
Schedule 3--Accreditation of certain State processes
13
Part 1--Amendments relating to water resources
13
Environment Protection and Biodiversity Conservation Act 1999
13
Part 2--Amendments relating to bilaterally accredited
authorisation processes
14
Environment Protection and Biodiversity Conservation Act 1999
14
Schedule 4--Minor amendments of bilateral agreements
16
Environment Protection and Biodiversity Conservation Act 1999
16
Schedule 5--Miscellaneous
19
Environment Protection and Biodiversity Conservation Act 1999
19
No. , 2014
Environment Protection and Biodiversity Conservation Amendment
(Bilateral Agreement Implementation) Bill 2014
1
A Bill for an Act to amend the Environment
1
Protection and Biodiversity Conservation Act 1999,
2
and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Environment Protection and
6
Biodiversity Conservation Amendment (Bilateral Agreement
7
Implementation) Act 2014.
8
2 Commencement
9
This Act commences on the day after this Act receives the Royal
10
Assent.
11
2
Environment Protection and Biodiversity Conservation Amendment
(Bilateral Agreement Implementation) Bill 2014
No. , 2014
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
Referral of controlled actions Schedule 1
No. , 2014
Environment Protection and Biodiversity Conservation Amendment
(Bilateral Agreement Implementation) Bill 2014
3
Schedule 1
--Referral of controlled actions
1
2
Environment Protection and Biodiversity Conservation Act
3
1999
4
1 Section 66
5
Before:
6
An assessment may be done using:
7
insert:
8
However, an action may not be referred if:
9
(a)
the action is approved under a bilateral agreement with
10
the Commonwealth and a State or self-governing
11
Territory; or
12
(b)
the action is being, or is to be, assessed under such a
13
bilateral agreement and a decision has not yet been made
14
about whether the action is approved in accordance with
15
the agreement.
16
2 Before Division 1 of Part 7
17
Insert:
18
Division 1--Application of this Part
19
66A This Part does not apply if action covered by bilateral
20
agreement
21
Action approved by State or Territory
22
(1) This Part does not apply in relation to an action if:
23
(a) the action is to be taken in a State or self-governing Territory;
24
and
25
(b) the action is one of a class of actions declared by a bilateral
26
agreement between the Commonwealth and the State or
27
Schedule 1 Referral of controlled actions
4
Environment Protection and Biodiversity Conservation Amendment
(Bilateral Agreement Implementation) Bill 2014
No. , 2014
self-governing Territory not to require approval under Part 9
1
for the purposes of a specified provision of Part 3; and
2
(c) the action is approved in accordance with a management
3
arrangement or authorisation process that is a bilaterally
4
accredited management arrangement or a bilaterally
5
accredited authorisation process for the purposes of the
6
bilateral agreement; and
7
(d) the provision of the bilateral agreement making the
8
declaration is in operation in relation to the action.
9
Note:
Subsection (1) also applies to actions to be taken in an area offshore
10
from a State or the Northern Territory. See section 157.
11
Action being, or to be, assessed by State or Territory
12
(2) This Part also does not apply in relation to an action if:
13
(a) the action is to be taken in a State or self-governing Territory;
14
and
15
(b) there is a bilateral agreement between the Commonwealth
16
and the State or self-governing Territory declaring actions in
17
a class of actions specified in the agreement as not requiring
18
approval under Part 9 for the purposes of a specified
19
provision of Part 3; and
20
(c) the action is being, or is to be, assessed under relevant State
21
or Territory laws so that the taking of the action will be in a
22
class of actions that may be approved in accordance with a
23
bilaterally accredited management arrangement or a
24
bilaterally accredited authorisation process for the purposes
25
of the agreement; and
26
(d) a decision has not been made about whether the action is
27
approved in accordance with the bilaterally accredited
28
management arrangement or bilaterally accredited
29
authorisation process for the purposes of the agreement.
30
Note:
Subsection (2) also applies to actions to be taken in an area offshore
31
from a State or the Northern Territory. See section 157.
32
Effect of suspended bilateral agreement
33
(3) To avoid doubt, subsection (2) is not satisfied at a particular time
34
if, at that time:
35
Referral of controlled actions Schedule 1
No. , 2014
Environment Protection and Biodiversity Conservation Amendment
(Bilateral Agreement Implementation) Bill 2014
5
(a) the effect of the relevant bilateral agreement is suspended
1
generally; or
2
(b) the effect of the relevant bilateral agreement is suspended in
3
relation to actions in a specified class and the action
4
mentioned in paragraph (2)(a) is in the specified class.
5
Note:
Suspension of the effect of an agreement may not occur even if notice
6
of suspension has been given, see subsection 62(3).
7
Actions to be taken in 2 or more States or Territories
8
(4) If the action is to be taken in 2 or more States or self-governing
9
Territories, this section does not operate unless it operates in
10
relation to each of those States or Territories.
11
3 Division 1 of Part 7 (heading)
12
Repeal the heading, substitute:
13
Division 1A--Referral of proposals to take action
14
4 Paragraph 74AA(1)(e)
15
Omit "Division 1A", substitute "Division 1B".
16
5 Division 1A of Part 7 (heading)
17
Repeal the heading, substitute:
18
Division 1B--Decision that action is clearly unacceptable
19
6 Paragraph 74C(3)(b)
20
Omit "Division 1", substitute "Division 1A".
21
7 Paragraph 77A(1A)(b)
22
Omit "relates; or", substitute "relates.".
23
8 Paragraph 77A(1A)(c)
24
Repeal the paragraph.
25
9 Paragraph 78(1)(ba)
26
Repeal the paragraph.
27
Schedule 1 Referral of controlled actions
6
Environment Protection and Biodiversity Conservation Amendment
(Bilateral Agreement Implementation) Bill 2014
No. , 2014
10 Paragraphs 156A(1)(a), 156F(1)(a) and 170A(b)
1
Omit "Division 1", substitute "Division 1A".
2
11 Subsections 200(3), 215(3), 237(3) and 257(3) (notes)
3
Omit "Division 1", substitute "Division 1A".
4
12 Application
5
(1)
The amendments made by this Schedule apply in relation to a referral of
6
a proposal to take an action under section 68 of the Environment
7
Protection and Biodiversity Conservation Act 1999, whether made
8
before, on or after the day this item commences.
9
(2)
Despite subitem (1), the Minister may determine, in writing, that the
10
amendments made by this Schedule do not apply in relation to a referral
11
of a proposal to take an action under section 68 of the Environment
12
Protection and Biodiversity Conservation Act 1999 made before the day
13
this item commences.
14
(3)
A determination made under subitem (2) is not a legislative instrument.
15
Flexibility in performing assessment of controlled actions Schedule 2
No. , 2014
Environment Protection and Biodiversity Conservation Amendment
(Bilateral Agreement Implementation) Bill 2014
7
Schedule 2
--Flexibility in performing
1
assessment of controlled actions
2
3
Environment Protection and Biodiversity Conservation Act
4
1999
5
1 Section 66
6
After:
7
(b)
how to assess the impacts of the action to be able to
8
make an informed decision whether or not to approve
9
the action.
10
insert:
11
A proposal to take an action is taken to be referred if a declaration
12
is made under a bilateral agreement by the Environment Minister
13
or the appropriate Minister of a State or Territory that an action in
14
a class of actions specified in the agreement is no longer an action
15
covered by the agreement.
16
2 Subsection 68A(3)
17
After "refers", insert ", or is taken to have referred,".
18
3 After section 69
19
Insert:
20
69A Deemed referral of proposal if declaration made under bilateral
21
agreement
22
(1) This section applies if a declaration is made under a bilateral
23
agreement by the Environment Minister or the appropriate Minister
24
of a State or Territory that an action in a class of actions specified
25
in the agreement is no longer an action covered by the agreement.
26
(2) The person proposing to take the action is taken to have referred
27
the proposal to the Minister under subsection 68(1) at the time the
28
declaration is made.
29
Schedule 2 Flexibility in performing assessment of controlled actions
8
Environment Protection and Biodiversity Conservation Amendment
(Bilateral Agreement Implementation) Bill 2014
No. , 2014
(3) Subsection (2) is subject to paragraph 68A(3)(a).
1
(4) Subsection 68(3) and 72 do not apply to a referral covered by
2
subsection (2).
3
(5) Subsection 74 applies to a referral covered by subsection (2) of this
4
section as if:
5
(a) the reference in subsections 74(1) and (2) to "must" referred
6
to "may" instead; and
7
(b) subsection 74(3) were omitted and the following subsection
8
substituted:
9
"Inviting public comment
10
(3) As soon as practicable after receiving a referral of a proposal to
11
take an action, the Environment Minister:
12
(a) must cause to be published on the internet the declaration
13
concerned; and
14
(b) may cause to be published on the internet an invitation for
15
anyone to give the Minister comments within 10 business
16
days (measured in Canberra) on whether the action is a
17
controlled action.
18
Note:
If the action is also the subject of a permit application under
19
section 200, 215, 237 or 257 and the application is made at or around
20
the same time as a referral is taken to have been made under
21
subsection (2), the referral and invitation for comments that must be
22
published under this subsection may be published together with the
23
application and invitation for comments that must be published under
24
section 200, 215, 237 or 257.".
25
4 Subparagraph 74AA(1)(b)(i)
26
After "has been", insert ", or is taken to have been,".
27
5 Section 85
28
After:
29
(e)
a public inquiry.
30
insert:
31
Flexibility in performing assessment of controlled actions Schedule 2
No. , 2014
Environment Protection and Biodiversity Conservation Amendment
(Bilateral Agreement Implementation) Bill 2014
9
Alternatively, the Minister may declare that an assessment
1
completed or to be completed by a State or Territory in accordance
2
with a bilateral agreement is an assessment of the relevant impacts
3
of an action for the purposes of this Part.
4
If a State or Territory has partially completed an assessment of the
5
relevant impacts of an action, the Minister may determine that
6
steps of the State or Territory assessment process are to be used for
7
the purposes of assessing the relevant impacts of the action and the
8
remaining steps are to be carried out under an assessment approach
9
set out in this Part.
10
6 After paragraph 87(3)(c)
11
Insert:
12
(ca) if:
13
(i) subsection 69A(2) applies in respect of the action; or
14
(ii) the action is in a class of actions covered by a bilateral
15
agreement and the effect of the agreement is suspended
16
or cancelled;
17
and a State or Territory has partially completed an
18
assessment of the relevant impacts of the action--the extent
19
to which the partially completed assessment can be used, and
20
the assessment completed, under an approach for assessment
21
set out in this Part; and
22
7 Paragraph 87(4)(a)
23
Omit "is to be", substitute "has been, is being, or is to be,".
24
8 Paragraph 87(4)(c)
25
Repeal the paragraph, substitute:
26
(c) there has been or will be an adequate assessment of the
27
relevant impacts of the action under the process; and
28
9 At the end of section 87
29
Add:
30
Schedule 2 Flexibility in performing assessment of controlled actions
10
Environment Protection and Biodiversity Conservation Amendment
(Bilateral Agreement Implementation) Bill 2014
No. , 2014
Completing assessment begun by a State or Territory
1
(7) If:
2
(a) a State or Territory has partially completed an assessment of
3
the relevant impacts of an action; and
4
(b) the Minister decides to complete the assessment under an
5
approach set out in this Part;
6
the Minister must determine, in writing:
7
(c) which steps of the State or Territory assessment process are
8
to be used for the purposes of assessing the relevant impacts
9
of the action; and
10
(d) the remaining steps to be carried out under the assessment
11
approach chosen to complete the assessment.
12
(8) A determination under subsection (7) is not a legislative
13
instrument.
14
10 After section 87
15
Insert:
16
87A Assessment by State or Territory may be used if declaration
17
made under bilateral agreement
18
(1) Despite section 87, if:
19
(a) subsection 69A(2) applies in respect of an action; and
20
(b) the Minister has made a decision under section 75 that the
21
action is a controlled action; and
22
(c) an assessment of the relevant impacts of the action has been
23
made by a State or Territory under a bilateral agreement;
24
the Minister may determine, in writing, that the assessment by the
25
State or Territory is an assessment for the purposes of this Part.
26
(2) To avoid doubt, the assessment of the relevant impacts of the
27
action by the State or Territory may be completed before or after
28
the declaration mentioned in subsection 69A(2) relating to the
29
action is made.
30
(3) A determination made under subsection (1) is not a legislative
31
instrument.
32
Flexibility in performing assessment of controlled actions Schedule 2
No. , 2014
Environment Protection and Biodiversity Conservation Amendment
(Bilateral Agreement Implementation) Bill 2014
11
87B Assessment by State or Territory may be used if bilateral
1
agreement cancelled
2
(1) Despite section 87, if:
3
(a) an assessment of the relevant impacts of an action has been
4
made by a State or Territory under a bilateral agreement that
5
includes a declaration described in section 46; and
6
(b) the effect of the bilateral agreement is suspended or
7
cancelled; and
8
(c) at the time of the suspension or cancellation, the action has
9
not been approved;
10
the Minister may determine, in writing, that the assessment by the
11
State or Territory is an assessment for the purposes of this Part.
12
(2) A determination made under subsection (1) is not a legislative
13
instrument.
14
11 At the end of section 91
15
Add:
16
(3) If, under subsection 87(7), the Minister has determined that:
17
(a) steps of a State or Territory assessment process are to be used
18
for the purposes of assessing the relevant impacts of the
19
action; and
20
(b) remaining steps are to be carried out under an assessment
21
approach set out in this Part;
22
the written notice and the published notice must specify which
23
steps of the State or Territory assessment process are to be used
24
and which steps are to be carried out under this Part.
25
12 After paragraph 130(1B)(a)
26
Insert:
27
(aa) despite paragraph (a), if the action is the subject of an
28
assessment report and a determination has been made under
29
section 87A or 87B in respect of the action--the period of 40
30
business days beginning on the first business day after the
31
determination is made under the relevant section;
32
Schedule 2 Flexibility in performing assessment of controlled actions
12
Environment Protection and Biodiversity Conservation Amendment
(Bilateral Agreement Implementation) Bill 2014
No. , 2014
13 Subsection 158A(1) (after paragraph (d) of the definition of
1
approval process decision)
2
Insert:
3
(da) a decision to make a determination under section 87A or 87B
4
that an assessment of the relevant impacts of an action by a
5
State or Territory is an assessment for the purposes of Part 8;
6
14 Paragraph 170C(1)(a)
7
After "has", insert ", or is taken to have,".
8
15 Paragraph 303FRA(3)(a)
9
Omit "and 84", substitute ", 84, 87A and 87B".
10
16 Section 528
11
Insert:
12
Environment Minister means the Minister administering Chapter 2
13
of this Act.
14
17 Application
15
The amendments made by this Schedule apply in relation to an action
16
that:
17
(a) has been assessed by a State or Territory before the day that
18
this item commences; or
19
(b) is being assessed by a State or Territory on that day; or
20
(c) will be assessed by a State or Territory on or after that day.
21
Accreditation of certain State processes Schedule 3
Amendments relating to water resources Part 1
No. , 2014
Environment Protection and Biodiversity Conservation Amendment
(Bilateral Agreement Implementation) Bill 2014
13
Schedule 3
--Accreditation of certain State
1
processes
2
Part 1
--Amendments relating to water resources
3
Environment Protection and Biodiversity Conservation Act
4
1999
5
1 Subsection 29(1)
6
Omit ", other than section 24D or 24E,".
7
2 Subsections 46(2) and (2A)
8
Omit ", other than section 24D or 24E,".
9
3 Subsection 505E(1)
10
Omit "(1)".
11
4 Subsection 505E(2)
12
Repeal the subsection.
13
5 Application
14
The amendments made by items 1 and 2 of this Part apply in relation to
15
a referral of a proposal to take an action under section 68 of the
16
Environment Protection and Biodiversity Conservation Act 1999,
17
whether made before, on or after the day this item commences.
18
Schedule 3 Accreditation of certain State processes
Part 2 Amendments relating to bilaterally accredited authorisation processes
14
Environment Protection and Biodiversity Conservation Amendment
(Bilateral Agreement Implementation) Bill 2014
No. , 2014
Part 2
--Amendments relating to bilaterally
1
accredited authorisation processes
2
Environment Protection and Biodiversity Conservation Act
3
1999
4
6 Subparagraph 29(1)(d)(ii)
5
Omit "in a law of the State or Territory", substitute ", wholly or partly,
6
in a law of the State or Territory or an instrument made under such a
7
law, or is made, wholly or partly, under such a law".
8
7 Subparagraph 31(1)(f)(ii)
9
Omit "in a law of the State or self-governing Territory", substitute ",
10
wholly or partly, in a law of the State or self-governing Territory or an
11
instrument made under such a law, or is made, wholly or partly, under
12
such a law".
13
8 Paragraph 46(2A)(a)
14
Omit "in a law of the State or Territory that is a party to the agreement",
15
substitute ", wholly or partly, in a law of the State or Territory that is a
16
party to the agreement or an instrument made under such a law, or is
17
made, wholly or partly, under such a law".
18
9 Section 528 (definition of authorisation process)
19
Repeal the definition, substitute:
20
authorisation process means a process:
21
(a) that is:
22
(i) set out, wholly or partly, in a law of the
23
Commonwealth, a State or Territory; or
24
(ii) set out, wholly or partly, in an instrument made under a
25
law of a State or Territory; or
26
(iii) made, wholly or partly, under a law of a State or
27
Territory; and
28
(b) under which actions are authorised.
29
Accreditation of certain State processes Schedule 3
Amendments relating to bilaterally accredited authorisation processes Part 2
No. , 2014
Environment Protection and Biodiversity Conservation Amendment
(Bilateral Agreement Implementation) Bill 2014
15
10 Application
1
The amendments made by this Part apply in relation to an action
2
assessed under a bilaterally accredited authorisation process on or after
3
the day this item commences.
4
Schedule 4 Minor amendments of bilateral agreements
16
Environment Protection and Biodiversity Conservation Amendment
(Bilateral Agreement Implementation) Bill 2014
No. , 2014
Schedule 4
--Minor amendments of bilateral
1
agreements
2
3
Environment Protection and Biodiversity Conservation Act
4
1999
5
1 After section 46
6
Insert:
7
46A Minister may make determinations relating to minor
8
amendments of management arrangements or
9
authorisation processes
10
(1) This section applies in respect of a bilateral agreement with a State
11
or self-governing Territory including a declaration described in
12
section 46 if a management arrangement or authorisation process
13
that is a bilaterally accredited management arrangement or a
14
bilaterally accredited authorisation process for the purposes of the
15
agreement is amended.
16
(2) Despite subsections 46(3) to (8), the Minister may determine, in
17
writing, that the management arrangement or authorisation process
18
as amended continues to be a bilaterally accredited management
19
arrangement or a bilaterally accredited authorisation process for the
20
purposes of the agreement without further accreditation if the
21
Minister is satisfied that:
22
(a) the amendment:
23
(i) will not have, or is not likely to have, a material adverse
24
impact on a matter protected by a provision of Part 3 in
25
relation to which the agreement makes a declaration;
26
and
27
(ii) would not be likely to have a material adverse effect on
28
a person's ability to participate in the process provided
29
for by the management arrangement or authorisation
30
process; and
31
(b) the following provisions would continue to be satisfied in
32
respect of the management arrangement or authorisation
33
process:
34
Minor amendments of bilateral agreements Schedule 4
No. , 2014
Environment Protection and Biodiversity Conservation Amendment
(Bilateral Agreement Implementation) Bill 2014
17
(i) paragraphs 46(3)(a) to (c);
1
(ii) subsections 46(9), 51(2), 51A(2), 52(2), 53(2) and
2
54(2);
3
(iii) section 55.
4
(3) If the Minister makes a determination under subsection (2), the
5
Minister must publish the determination as soon as practicable
6
after it is made.
7
(4) A determination under subsection (2) is not a legislative
8
instrument.
9
(5) In this section:
10
amend includes repeal and remake.
11
46B Application of determinations made under section 46A
12
(1) A determination made under section 46A applies in relation to an
13
action that is approved, because of a declaration in a bilateral
14
agreement, in accordance with an amended management
15
arrangement or authorisation process for the purposes of the
16
agreement, even if the action was approved before the day the
17
determination is made.
18
(2) For the purposes of subsection (1), it does not matter when the
19
bilateral agreement is entered into.
20
2 After section 47
21
Insert:
22
47A Minister may make determinations relating to minor
23
amendments to the manner in which actions are assessed
24
(1) This section applies in respect of a bilateral agreement with a State
25
or self-governing Territory including a declaration described in
26
section 47 if the specified manner in which actions are assessed for
27
the purposes of the agreement is amended.
28
(2) Despite subsections 47(2) to (4), the Minister may determine, in
29
writing, that the manner of assessing actions, as amended,
30
Schedule 4 Minor amendments of bilateral agreements
18
Environment Protection and Biodiversity Conservation Amendment
(Bilateral Agreement Implementation) Bill 2014
No. , 2014
continues to be a specified manner of assessment for the purposes
1
of the agreement if the Minister is satisfied that:
2
(a) the amendment:
3
(i) will not have, or is not likely to have, a material adverse
4
impact on the assessment of the impacts actions have,
5
will have or are likely to have on a matter protected by a
6
provision of Part 3 in relation to which the agreement
7
makes a declaration; and
8
(ii) would not be likely to have a material adverse effect on
9
a person's ability to participate in the process for
10
assessment; and
11
(b) subsection 47(2) would continue to be satisfied in respect of
12
the amended manner of assessment.
13
(3) If the Minister makes a determination under subsection (2), the
14
Minister must publish the determination as soon as practicable
15
after it is made.
16
(4) A determination under subsection (2) is not a legislative
17
instrument.
18
(5) In this section:
19
amend includes repeal and remake.
20
47B Application of determinations made under section 47A
21
(1) A determination made under section 47A applies in relation to an
22
action that is assessed in accordance with an amended manner of
23
assessment, being a specified manner for the purposes of the
24
bilateral agreement, even if the action was assessed before the day
25
the determination is made.
26
(2) For the purposes of subsection (1), it does not matter when the
27
bilateral agreement is entered into.
28
Miscellaneous Schedule 5
No. , 2014
Environment Protection and Biodiversity Conservation Amendment
(Bilateral Agreement Implementation) Bill 2014
19
Schedule 5
--Miscellaneous
1
2
Environment Protection and Biodiversity Conservation Act
3
1999
4
1 Subsection 46(1)
5
Repeal the subsection, substitute:
6
Declaration of actions not needing approval
7
(1) A bilateral agreement may declare that actions in a class of actions
8
specified in the agreement wholly or partly by reference to the fact
9
that their taking has been approved in accordance with a
10
management arrangement or authorisation process, being a
11
bilaterally accredited management arrangement or a bilaterally
12
accredited authorisation process for the purposes of the agreement,
13
do not require approval under Part 9 for the purposes of a specified
14
provision of Part 3.
15
Note:
An action may be approved in accordance with a management
16
arrangement or authorisation process before the management
17
arrangement or authorisation process is accredited for the purposes of
18
an agreement with a State or self-governing Territory.
19
2 Subsection 46(3)
20
Omit "the Minister is satisfied that".
21
3 Paragraph 46(3)(a)
22
Before "the management arrangement", insert "the Minister is satisfied
23
that".
24
4 Paragraph 46(3)(b)
25
Before "there has been", insert "the Minister is satisfied that".
26
5 Paragraph 46(3)(c)
27
Before "actions approved", insert "the Minister is satisfied that".
28
6 After paragraph 46(3)(c)
29
Insert:
30
Schedule 5 Miscellaneous
20
Environment Protection and Biodiversity Conservation Amendment
(Bilateral Agreement Implementation) Bill 2014
No. , 2014
; and (d) the Minister has considered any other matter that the Minister
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considers relevant.
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7 Subsection 46(3) (note)
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Omit "Note", substitute "Note 1".
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8 At the end of subsection 46(3)
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Add:
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Note 2:
Paragraph (d)--matters that the Minister might consider relevant may
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include, for example, the terms of the bilateral agreement or State
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policies or plans.
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9 After section 48
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Insert:
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48AA Agreement may apply, adopt or incorporate other
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instruments
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Despite section 46AA of the Acts Interpretation Act 1901, a
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bilateral agreement may apply, adopt or incorporate (with or
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without modifications) an instrument or other writing:
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(a) as in force at a particular time; or
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(b) as is in force or existing from time to time;
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even if the instrument or other writing does not yet exist when the
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agreement is entered into.
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10 Application
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(1)
The amendment made by item 1 of this Schedule applies to an action
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that is approved in accordance with a management arrangement or
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authorisation process that is a bilaterally accredited management
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arrangement or a bilaterally accredited authorisation process for the
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purposes of a bilateral agreement on or after the day this item
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commences, regardless of when the agreement is entered into.
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(2)
The note to subsection 46(1) of the Environment Protection and
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Biodiversity Conservation Act 1999, inserted by item 1 of this Schedule,
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applies to a management arrangement or authorisation process that is
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accredited for the purposes of a bilateral agreement on or after the day
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this item commences, even if an action was approved in accordance
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Miscellaneous Schedule 5
No. , 2014
Environment Protection and Biodiversity Conservation Amendment
(Bilateral Agreement Implementation) Bill 2014
21
with the management arrangement or authorisation process before that
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day.
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(3)
The amendments made by items 2 to 8 of this Schedule apply to a
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management arrangement or authorisation process that is accredited for
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the purposes of subsection 46(2) or (2A) of the Environment Protection
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and Biodiversity Conservation Act 1999 under a bilateral agreement on
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or after the day this item commences, regardless of when the agreement
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was entered into.
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(4)
The amendment made by item 9 of this Schedule applies to a bilateral
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agreement entered into before, on or after the day this item commences.
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