Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 168

Generally

  (1)   An agreement to apply this Subdivision   in relation to an action must:

  (a)   specify that one of the following is to apply in relation to the action:

  (i)   Division   3A of Part   8;

  (ii)   Division   4 of Part   8;

  (iii)   Division   5 of Part   8;

  (iv)   Division   6 of Part   8;

  (v)   Division   7 of Part   8;

  (vi)   Subdivision   A of Division   1 of Part   10; and

  (b)   if it specifies that Division   3A, 4, 5 or 6 of Part   8 is to apply in relation to the action--specify the person who is taken to be the designated proponent of the action for the purposes of that Division.

Agreement applying Division   5 of Part   8

  (3)   An agreement that specifies that Division   5 of Part   8 (about public environment reports) is to apply in relation to an action may deal with how the Minister will exercise his or her power:

  (a)   under section   97 to prepare tailored guidelines for the preparation of a draft report; or

  (b)   under section   98 to approve publication of a draft report or specify a period for comment.

Agreement applying Division   6 of Part   8

  (4)   An agreement that specifies that Division   6 of Part   8 (about environmental impact statements) is to apply in relation to an action may deal with how the Minister will exercise his or her power:

  (a)   under section   102 to prepare tailored guidelines for the preparation of a draft statement; or

  (b)   under section   103 to approve publication of a draft statement or specify a period for comment.

Agreement applying Division   7 of Part   8

  (5)   An agreement that specifies that Division   7 of Part   8 (about inquiries) is to apply in relation to an action may deal with how the Minister will exercise his or her power under section   107:

  (a)   to appoint one or more persons as commissioners, and to appoint a person to preside; or

  (b)   to specify the matters relating to the action that are to be the subject of the inquiry and report; or

  (c)   to specify the time within which the commission must report to the Minister; or

  (d)   to specify the manner in which the commission is to carry out the inquiry.

Agreement applying Part   10

  (6)   An agreement that specifies that Subdivision   A of Division   1 of Part   10 is to apply may:

  (a)   be in the same document as an agreement mentioned in that Subdivision; or

  (b)   specify the manner in which an agreement the Minister makes under that Subdivision   is to provide for matters that that Subdivision   requires that agreement to provide for.