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.