When this Part does not apply

(1)

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

(a)

the Minister has declared in writing that actions in a class that includes the action need not be assessed under this Part; and

(b)

the declaration is in operation.

Note: 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 declaration.

Declaration

(2)

The Minister may declare in writing that actions in a specified class of actions assessed by the Commonwealth or a Commonwealth agency in a specified manner do not require assessment under this Part.

Prerequisites for making a declaration

(3)

The Minister may make a declaration only if he or she is satisfied that:

(a)

assessment of an action in the specified manner will include assessment of the impacts the action:

(i)

has or will have; or

(ii)

is likely to have;

on each matter protected by a provision of Part 3; and

(b)

the specified manner of assessment meets the standards (if any) prescribed by the regulations; and

(c)

if the taking of an action assessed in the specified manner must be approved under Part 9, he or she will receive a report including, or accompanied by, enough information about the relevant impacts of the action to let him or her make an informed decision whether or not to approve under Part 9 (for the purpose of each controlling provision) the taking of the action.

Further requirements for making a declaration

(3A)

Sections 34A, 34B, 34C, 34D and 34E apply in relation to the making of a declaration under this section in the same way that they apply to the making of a declaration under section 33.

Specified manner of assessment

(4)

The manner of assessment that may be specified in a declaration includes assessment by a Commonwealth agency under a law of the Commonwealth. This does not limit subsection (2).

Publishing declaration

(5)

The Minister must publish a declaration in accordance with the regulations.

Revoking declaration

(6)

The Minister may, by instrument in writing published in accordance with the regulations, revoke a declaration.

Minister must not give preference

(7)

In making or revoking a declaration relating to an action taken:

(a)

by a person for the purposes of trade between Australia and another country or between 2 States; or

(b)

by a constitutional corporation;