(a)

the action is taken in a State or self-governing Territory; and

(b)

the action is one of a class of actions declared by a bilateral agreement between the Commonwealth and the State or Territory not to require approval under Part 9 for the purposes of the provision (because the action is approved in accordance with a management plan that is a bilaterally accredited management plan for the purposes of the bilateral agreement); and

(c)

the provision of the bilateral agreement making the declaration is in operation in relation to the action; and

(d)

the bilaterally accredited management plan is in force under a law of the State or Territory identified in or under the bilateral agreement; and

(e)

the action is taken in accordance with the bilaterally accredited management plan.

Note 2: 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 actions taken by the Commonwealth or a Commonwealth agency, unless they expressly provide that they do.