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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Environment Protection and Biodiversity
Conservation Amendment (Streamlining
Environmental Approvals) Bill 2020
No. , 2020
(Environment)
A Bill for an Act to amend the
Environment
Protection and Biodiversity Conservation Act 1999
,
and for related purposes
No. , 2020
Environment Protection and Biodiversity Conservation Amendment
(Streamlining Environmental Approvals) Bill 2020
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 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
15
Environment Protection and Biodiversity Conservation Act 1999
15
Schedule 4--Minor amendments of bilateral agreements
18
Environment Protection and Biodiversity Conservation Act 1999
18
Schedule 5--Miscellaneous
21
Environment Protection and Biodiversity Conservation Act 1999
21
No. , 2020
Environment Protection and Biodiversity Conservation Amendment
(Streamlining Environmental Approvals) Bill 2020
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 is the
Environment Protection and Biodiversity
6
Conservation Amendment (Streamlining Environmental Approvals)
7
Act 2020
.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Environment Protection and Biodiversity Conservation Amendment
(Streamlining Environmental Approvals) Bill 2020
No. , 2020
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1 to
4
The day after this Act receives the Royal
Assent.
3. Schedule 5,
items 1 and 2
The day after this Act receives the Royal
Assent.
4. Schedule 5,
item 3
Immediately after the commencement of
item 11 of Schedule 3.
5. Schedule 5,
items 4 to 10
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Referral of controlled actions
Schedule 1
No. , 2020
Environment Protection and Biodiversity Conservation Amendment
(Streamlining Environmental Approvals) Bill 2020
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
(Streamlining Environmental Approvals) Bill 2020
No. , 2020
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:
This subsection 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 bilateral 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 bilateral
30
agreement.
31
Note:
This subsection also applies to actions to be taken in an area offshore
32
from a State or the Northern Territory. See section 157.
33
Effect of suspended bilateral agreement
34
(3) To avoid doubt, subsection (2) is not satisfied at a particular time
35
if, at that time:
36
Referral of controlled actions
Schedule 1
No. , 2020
Environment Protection and Biodiversity Conservation Amendment
(Streamlining Environmental Approvals) Bill 2020
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
(Streamlining Environmental Approvals) Bill 2020
No. , 2020
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. , 2020
Environment Protection and Biodiversity Conservation Amendment
(Streamlining Environmental Approvals) Bill 2020
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 a specified
14
action is excluded from coming within the class of actions
15
specified in the agreement for the purpose of subsection 46(1).
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--general rule
22
(1) This section applies if, under a bilateral agreement that includes a
23
declaration described in section 46 (the
section 46 declaration
), the
24
Environment Minister or the appropriate Minister of a State or
25
Territory makes a declaration (the
exclusion declaration
) that a
26
specified action is excluded from coming within the class of
27
actions specified in the section 46 declaration.
28
Schedule 2
Flexibility in performing assessment of controlled actions
8
Environment Protection and Biodiversity Conservation Amendment
(Streamlining Environmental Approvals) Bill 2020
No. , 2020
(2) The person proposing to take the action is taken to have referred
1
the proposal to the Minister under subsection 68(1) at the time the
2
exclusion declaration is made.
3
Note:
See also section 69B.
4
(3) Subsection (2) is subject to paragraph 68A(3)(a).
5
(4) Subsection 68(3) and section 72 do not apply to a referral covered
6
by subsection (2) of this section.
7
69B Deemed referral of proposal if declaration made under bilateral
8
agreement--modified application of section 74
9
For the purposes of a referral covered by subsection 69A(2),
10
section 74 applies to the referral and has effect as if:
11
(a) the references to "must" in subsections 74(1) and (2) were
12
read as references to "may" instead; and
13
(b) subsection 74(3) were replaced by the following subsection:
14
Inviting public comment
15
(3) As soon as practicable after receiving a referral of a proposal to
16
take an action, the Environment Minister:
17
(a) must cause to be published on the internet the declaration
18
concerned; and
19
(b) may cause to be published on the internet an invitation for
20
anyone to give the Minister comments within 10 business
21
days (measured in Canberra) on whether the action is a
22
controlled action.
23
Note:
If the action is also the subject of a permit application under
24
section 200, 215, 237 or 257 and the application is made at or around
25
the same time as a referral is taken to have been made under
26
subsection 69A(2), the referral and invitation for comments that must
27
be published under this subsection may be published together with the
28
application and invitation for comments that must be published under
29
section 200, 215, 237 or 257.
30
4 Subparagraph 74AA(1)(b)(i)
31
After "has been", insert ", or is taken to have been,".
32
Flexibility in performing assessment of controlled actions
Schedule 2
No. , 2020
Environment Protection and Biodiversity Conservation Amendment
(Streamlining Environmental Approvals) Bill 2020
9
5 Section 85
1
After:
2
(e)
a public inquiry.
3
insert:
4
Alternatively, the Minister may declare that an assessment
5
completed or to be completed by a State or Territory in accordance
6
with a bilateral agreement is an assessment of the relevant impacts
7
of an action for the purposes of this Part.
8
If a State or Territory has partially completed an assessment of the
9
relevant impacts of an action, the Minister may determine that
10
steps of the State or Territory assessment process are to be used for
11
the purposes of assessing the relevant impacts of the action and the
12
remaining steps are to be carried out under an assessment approach
13
set out in this Part.
14
6 After paragraph 87(3)(c)
15
Insert:
16
(ca) if:
17
(i) subsection 69A(2) applies in respect of the action; or
18
(ii) the effect of a bilateral agreement that includes a
19
declaration described in section 46 or 47 is suspended or
20
cancelled, and the action would be in a class of actions
21
specified in the declaration if the agreement were still in
22
effect and the action had been approved or assessed as
23
specified in the declaration;
24
and a State or Territory has partially completed an
25
assessment of the relevant impacts of the action--the extent
26
to which the partially completed assessment can be used, and
27
the assessment completed, under an approach for assessment
28
set out in this Part; and
29
7 Paragraph 87(4)(a)
30
Omit "is to be", substitute "has been, is being, or is to be,".
31
Schedule 2
Flexibility in performing assessment of controlled actions
10
Environment Protection and Biodiversity Conservation Amendment
(Streamlining Environmental Approvals) Bill 2020
No. , 2020
8 Paragraph 87(4)(c)
1
Repeal the paragraph, substitute:
2
(c) there has been or will be an adequate assessment of the
3
relevant impacts of the action under the process; and
4
9 At the end of section 87
5
Add:
6
Completing assessment begun by a State or Territory
7
(7) If:
8
(a) a State or Territory has partially completed an assessment of
9
the relevant impacts of an action; and
10
(b) the Minister decides to complete the assessment under an
11
approach set out in this Part;
12
the Minister must determine, in writing:
13
(c) which steps of the State or Territory assessment process are
14
to be used for the purposes of assessing the relevant impacts
15
of the action; and
16
(d) the remaining steps to be carried out under the assessment
17
approach chosen to complete the assessment.
18
(8) A determination under subsection (7) is not a legislative
19
instrument.
20
10 After section 87
21
Insert:
22
87A Assessment by State or Territory may be used if declaration
23
made under bilateral agreement
24
(1) Despite section 87, if:
25
(a) subsection 69A(2) applies in respect of an action; and
26
(b) the Minister has made a decision under section 75 that the
27
action is a controlled action; and
28
(c) an assessment of the relevant impacts of the action has been
29
made by a State or Territory under a bilateral agreement;
30
the Minister may determine, in writing, that the assessment by the
31
State or Territory is an assessment for the purposes of this Part.
32
Flexibility in performing assessment of controlled actions
Schedule 2
No. , 2020
Environment Protection and Biodiversity Conservation Amendment
(Streamlining Environmental Approvals) Bill 2020
11
(2) To avoid doubt, the assessment of the relevant impacts of the
1
action by the State or Territory may be completed before or after
2
the declaration mentioned in subsection 69A(2) relating to the
3
action is made.
4
(3) A determination made under subsection (1) is not a legislative
5
instrument.
6
87B Assessment by State or Territory may be used if bilateral
7
agreement cancelled
8
(1) Despite section 87, if:
9
(a) an assessment of the relevant impacts of an action has been
10
made by a State or Territory under a bilateral agreement that
11
includes a declaration described in section 46; and
12
(b) the effect of the bilateral agreement is suspended or
13
cancelled; and
14
(c) at the time of the suspension or cancellation, the action has
15
not been approved;
16
the Minister may determine, in writing, that the assessment by the
17
State or Territory is an assessment for the purposes of this Part.
18
(2) A determination made under subsection (1) is not a legislative
19
instrument.
20
11 At the end of section 91
21
Add:
22
(3) If, under subsection 87(7), the Minister has determined that:
23
(a) steps of a State or Territory assessment process are to be used
24
for the purposes of assessing the relevant impacts of the
25
action; and
26
(b) remaining steps are to be carried out under an assessment
27
approach set out in this Part;
28
the written notice and the published notice must specify which
29
steps of the State or Territory assessment process are to be used
30
and which steps are to be carried out under this Part.
31
12 After paragraph 130(1B)(a)
32
Insert:
33
Schedule 2
Flexibility in performing assessment of controlled actions
12
Environment Protection and Biodiversity Conservation Amendment
(Streamlining Environmental Approvals) Bill 2020
No. , 2020
(aa) despite paragraph (a), if the action is the subject of an
1
assessment report and a determination has been made under
2
section 87A or 87B in respect of the action--the period of 40
3
business days beginning on the first business day after the
4
determination is made under the relevant section;
5
13 Subsection 158A(1) (after paragraph (d) of the definition of
6
approval process decision
)
7
Insert:
8
(da) a decision under section 87A or 87B to make a determination
9
that an assessment of the relevant impacts of an action by a
10
State or Territory is an assessment for the purposes of Part 8;
11
14 Paragraph 170C(1)(a)
12
After "has", insert ", or is taken to have,".
13
15 Paragraph 303FRA(3)(a)
14
Omit "and 84", substitute ", 84, 87A and 87B".
15
16 Section 528
16
Insert:
17
Environment Minister
means the Minister administering Chapter 2
18
of this Act.
19
17 Application
20
The amendments made by this Schedule apply in relation to an action
21
that:
22
(a) has been assessed by a State or Territory before the day that
23
this item commences; or
24
(b) is being assessed by a State or Territory on that day; or
25
(c) will be assessed by a State or Territory on or after that day.
26
Accreditation of certain State processes
Schedule 3
Amendments relating to water resources
Part 1
No. , 2020
Environment Protection and Biodiversity Conservation Amendment
(Streamlining Environmental Approvals) Bill 2020
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 48A(1)
10
After "described in subsection (2) or (3)", insert ", or referred to in
11
subsection (2A),".
12
4 Subsection 48A(1)
13
After "subsection (2)" (second occurring), insert ", (2A)".
14
5 After subsection 48A(2)
15
Insert:
16
(2A) A bilateral agreement including a declaration that is described in
17
section 46 and that covers an action described in section 24D or
18
24E must include the following undertakings by the State or
19
Territory:
20
(a) that the appropriate State or Territory Minister will obtain the
21
advice of the Independent Expert Scientific Committee on
22
Coal Seam Gas and Large Coal Mining Development if the
23
taking of the action, or a class of actions that includes the
24
action, is likely to have a significant impact on water
25
resources, including any impacts of associated salt
26
production and/or salinity;
27
(b) that, in deciding whether or not to approve the taking of the
28
action or a class of actions that includes the action, the
29
Schedule 3
Accreditation of certain State processes
Part 1
Amendments relating to water resources
14
Environment Protection and Biodiversity Conservation Amendment
(Streamlining Environmental Approvals) Bill 2020
No. , 2020
decision maker will take into account any relevant advice
1
obtained from the Independent Expert Scientific Committee
2
on Coal Seam Gas and Large Coal Mining Development
3
under the agreement.
4
(2B) To avoid doubt, the fact that a bilateral agreement contains the
5
undertakings mentioned in subsection (2A) does not limit the
6
ability of the appropriate State or Territory Minister to request
7
advice from the Independent Expert Scientific Committee on Coal
8
Seam Gas and Large Coal Mining Development.
9
Note:
See subsection 505D(2).
10
6 After paragraph 505D(1)(b)
11
Insert:
12
(ba) at the request of the Environment Minister--to provide
13
advice to the Environment Minister about the operation of a
14
bilateral agreement including a declaration that:
15
(i) is described in section 46 or 47; and
16
(ii) covers an action described in section 24D or 24E;
17
7 Application
18
(1)
The amendments made by items 1 and 2 of this Part apply in relation to
19
a referral of a proposal to take an action under section 68 of the
20
Environment Protection and Biodiversity Conservation Act 1999
,
21
whether made before, on or after the day this item commences.
22
(2)
The amendments made by items 3, 4 and 5 of this Part apply in relation
23
to an action that is approved in accordance with a management
24
arrangement or authorisation process that is a bilaterally accredited
25
management arrangement or bilaterally accredited authorisation process
26
for the purposes of a bilateral agreement on or after the day this item
27
commences, regardless of when the agreement is entered into.
28
Accreditation of certain State processes
Schedule 3
Amendments relating to bilaterally accredited authorisation processes
Part 2
No. , 2020
Environment Protection and Biodiversity Conservation Amendment
(Streamlining Environmental Approvals) Bill 2020
15
Part 2--Amendments relating to bilaterally
1
accredited authorisation processes
2
Environment Protection and Biodiversity Conservation Act
3
1999
4
8 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
9 Subparagraph 31(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
10 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
11 Paragraph 46(3)(a)
19
Repeal the paragraph, substitute:
20
(a) either:
21
(i) for a management arrangement--the management
22
arrangement, and the law under which it is in force,
23
meet the criteria (if any) prescribed by the regulations;
24
or
25
(ii) for an authorisation process--the authorisation process
26
meets the criteria (if any) prescribed by the regulations;
27
and
28
12 Paragraph 46(4)(b)
29
Repeal the paragraph, substitute:
30
Schedule 3
Accreditation of certain State processes
Part 2
Amendments relating to bilaterally accredited authorisation processes
16
Environment Protection and Biodiversity Conservation Amendment
(Streamlining Environmental Approvals) Bill 2020
No. , 2020
(b) in the case of an authorisation process--each document (the
1
authorisation process documents
) that comprises the whole
2
of the authorisation process (including any part of the process
3
that is not set out or made as mentioned in
4
paragraph (2A)(a));
5
13 Paragraphs 46(5)(a) and (5A)(a)
6
Omit "authorisation process is", substitute "authorisation process
7
documents are".
8
14 Subsection 46(6)
9
Omit "relevant part of the law has", substitute "authorisation process
10
documents have".
11
15 Subsection 46(7)
12
Omit "relevant part of the law was", substitute "authorisation process
13
documents were".
14
16 Subsection 46(8)
15
Omit "relevant part of the law is", substitute "authorisation process
16
documents are".
17
17 Section 528 (definition of
authorisation process
)
18
Repeal the definition, substitute:
19
authorisation process
means a process that provides for the
20
authorisation of actions and that:
21
(a) is set out in a law of the Commonwealth; or
22
(b) is:
23
(i) set out, wholly or partly, in a law of a State or Territory;
24
or
25
(ii) set out, wholly or partly, in an instrument made under a
26
law of a State or Territory; or
27
(iii) made, wholly or partly, under a law of a State or
28
Territory.
29
Note:
To satisfy paragraph (b), it is sufficient if at least part of the process is
30
set out or made as mentioned in subparagraph (b)(i), (ii) or (iii). The
31
rest of the process may be in other documents.
32
Accreditation of certain State processes
Schedule 3
Amendments relating to bilaterally accredited authorisation processes
Part 2
No. , 2020
Environment Protection and Biodiversity Conservation Amendment
(Streamlining Environmental Approvals) Bill 2020
17
18 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
18
Environment Protection and Biodiversity Conservation Amendment
(Streamlining Environmental Approvals) Bill 2020
No. , 2020
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. , 2020
Environment Protection and Biodiversity Conservation Amendment
(Streamlining Environmental Approvals) Bill 2020
19
(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
20
Environment Protection and Biodiversity Conservation Amendment
(Streamlining Environmental Approvals) Bill 2020
No. , 2020
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. , 2020
Environment Protection and Biodiversity Conservation Amendment
(Streamlining Environmental Approvals) Bill 2020
21
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
22
Environment Protection and Biodiversity Conservation Amendment
(Streamlining Environmental Approvals) Bill 2020
No. , 2020
; and (d) the Minister has considered any other matter that the Minister
1
considers relevant.
2
7 Subsection 46(3) (note)
3
Omit "Note", substitute "Note 1".
4
8 At the end of subsection 46(3)
5
Add:
6
Note 2:
Paragraph (d)--matters that the Minister might consider relevant may
7
include, for example, the terms of the bilateral agreement or State
8
policies or plans.
9
9 After section 48
10
Insert:
11
48AA Agreement may apply, adopt or incorporate other
12
instruments
13
Despite section 46AA of the
Acts Interpretation Act 1901
, a
14
bilateral agreement may apply, adopt or incorporate (with or
15
without modifications) an instrument or other writing:
16
(a) as in force at a particular time; or
17
(b) as is in force or existing from time to time;
18
even if the instrument or other writing does not yet exist when the
19
agreement is entered into.
20
10 Application
21
(1)
The amendment made by item 1 of this Schedule applies to an action
22
that is approved in accordance with a management arrangement or
23
authorisation process that is a bilaterally accredited management
24
arrangement or a bilaterally accredited authorisation process for the
25
purposes of a bilateral agreement on or after the day this item
26
commences, regardless of when the agreement is entered into.
27
(2)
The note to subsection 46(1) of the
Environment Protection and
28
Biodiversity Conservation Act 1999
, inserted by item 1 of this Schedule,
29
applies to a management arrangement or authorisation process that is
30
accredited for the purposes of a bilateral agreement on or after the day
31
this item commences, even if an action was approved in accordance
32
Miscellaneous
Schedule 5
No. , 2020
Environment Protection and Biodiversity Conservation Amendment
(Streamlining Environmental Approvals) Bill 2020
23
with the management arrangement or authorisation process before that
1
day.
2
(3)
The amendments made by items 2 to 8 of this Schedule apply to a
3
management arrangement or authorisation process that is accredited for
4
the purposes of subsection 46(2) or (2A) of the
Environment Protection
5
and Biodiversity Conservation Act 1999
under a bilateral agreement on
6
or after the day this item commences, regardless of when the agreement
7
was entered into.
8
(4)
The amendment made by item 9 of this Schedule applies to a bilateral
9
agreement entered into before, on or after the day this item commences.
10