ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 31 Extended operation in non-self-governing Territories

Commonwealth Numbered Acts

Extended operation in non-self-governing Territories

A person may take an action described in a provision of Part 3 without an approval under Part 9 for the purposes of the provision if:

(a): the action is taken in a Territory (the action Territory ) that is not a self-governing Territory; and
(b): an Act providing for the government of the action Territory provides that some or all of the law of a State or self-governing Territory is in force in the action Territory as a law of the Territory; and
(c): the action is one of a class of actions declared by a bilateral agreement between the Commonwealth and the State or self-governing Territory not to require approval under Part 9 for the purposes of the provision of Part 3 (because the action is approved or taken in accordance with a bilaterally accredited management plan); and
(d): the bilateral agreement specifies that the provision of the agreement making the declaration has effect in relation to actions in the action Territory; and
(e): the provision of the bilateral agreement making the declaration is in operation in relation to the action; and
(f): the bilaterally accredited management plan is in force under a law of the State or self-governing Territory identified in or under the bilateral agreement; and
(g): the action is taken in accordance with the bilaterally accredited management plan.

: Note: Division 3 of Part 5 explains how the operation of a bilateral agreement may be ended or suspended.

Subdivision A—Effect of declarations

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