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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 45

Minister may make agreement

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.



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