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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 83

This Part does not apply if action covered by bilateral agreement

  (1)   This Part   does not apply in relation to an action if:

  (a)   the action is to be taken in a State or self - governing Territory; and

  (b)   a bilateral agreement between the Commonwealth and the State or Territory declares that actions in a class that includes the action need not be assessed under this Part; and

  (c)   the provision of the bilateral agreement making the declaration is in operation in relation to the action.

Note 1:   Subsection   (1) also applies to actions to be taken in an area offshore from a State or the Northern Territory. See section   157.

Note 2:   Section   47 deals with bilateral agreements making declarations described in paragraph   (1)(b).

Note 2A:   An action will be in a class of actions declared not to need assessment under this Part   only if the action has been assessed in a manner specified in the bilateral agreement.

Note 3:   Division   3 of Part   5 explains how the operation of a bilateral agreement may be ended or suspended. Also, under section   49, bilateral agreements do not operate in relation to actions in Commonwealth areas or in the Great Barrier Reef Marine Park, or actions taken by the Commonwealth or a Commonwealth agency, unless they expressly provide that they do.

  (2)   If the action is to be taken in 2 or more States or self - governing Territories, this section does not operate unless it operates in relation to each of those States or Territories.


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