finalised has the meaning given by item 2.

new Act means the Environment Protection and Biodiversity Conservation Act 1999 .

(2) For the purposes of this Schedule, an action is related to an EPIP activity or a Commonwealth action (as defined in the Administrative Procedures) if the EPIP activity or Commonwealth action did, does, will or is likely to have the effect of permitting, causing, promoting or facilitating the action.

2 When is environmental assessment finalised?

(1) This item applies in relation to an environmental impact statement, public environment report or inquiry directed under the EPIP Act or the Administrative Procedures (regardless of whether the EPIP Act and Administrative Procedures apply of their own force or because of Part 2 of Schedule 3 to this Act).
(2) An environmental impact statement is finalised when the final environmental impact statement is given to the Department responsible for the EPIP Act.
(3) A public environment report is finalised when:

(a)

a copy of all written comments (if any) received under the Administrative Procedures on the report has been given to the Department responsible for the EPIP Act, if the report is to be made available for public comment under the Administrative Procedures; or

(b)

the report is given to the Minister or Department responsible for the EPIP Act, if the report is not to be made available for public comment under the Administrative Procedures.

(4) An inquiry report is finalised when it is given to the Minister responsible for the EPIP Act.

3 Actions assessed under the EPIP Act before the new Act commences need not be assessed under the new Act

Actions that are EPIP activities

(1) Neither Part 3, nor Subdivision A of Division 4 of Part 11, of the new Act applies to an action that is an EPIP activity if, before the commencement of the new Act, all of the provisions of the Administrative Procedures (except those dealing with review of environmental aspects of proposed actions) relevant to the EPIP activity had been complied with.

Note: The EPIP Act and Administrative Procedures continue to apply to the EPIP activity. See Part 2 of Schedule 3 to this Act.

Actions related to EPIP activities

(2) Neither Part 3, nor Subdivision A of Division 4 of Part 11, of the new Act applies to an action that is related to an EPIP activity if:

(a)

before the commencement of the new Act, all of the provisions of the Administrative Procedures (except those dealing with review of environmental aspects of proposed actions) relevant to the EPIP activity had been complied with; and

(b)

in complying with those provisions, the certain and likely impacts of the action were taken into account.

4 Actions being assessed under EPIP Act when new Act commences need not be assessed under new Act

Actions that are EPIP activities

(1) Neither Part 3, nor Subdivision A of Division 4 of Part 11, of the new Act applies to an action that is an EPIP activity if, before the commencement of the new Act, the Minister administering the EPIP Act had:

(a)

decided under the Administrative Procedures that an environmental impact statement or public environment report relating to the EPIP activity should be submitted; or

(b)

directed under section 11 of the EPIP Act that an inquiry be conducted in respect of a matter including the EPIP activity.

Note: The EPIP Act and Administrative Procedures continue to apply to the EPIP activity. See Part 2 of Schedule 3 to this Act.

Actions that are related to EPIP activities

(2) Neither Part 3, nor Subdivision A of Division 4 of Part 11, of the new Act applies to an action that is related to an EPIP activity if:

(a)

before the commencement of the new Act, the Minister administering the EPIP Act had:

(i)

decided under the Administrative Procedures that an environmental impact statement or public environment report relating to the EPIP activity should be submitted; or

(ii)

directed under section 11 of the EPIP Act that an inquiry be conducted in respect of a matter including the EPIP activity; and

(b)

the Minister administering Part 3 of the new Act has certified under item 6 that the impacts that the action has, will have or is likely to have on the environment have been, are being or will be assessed under the Administrative Procedures (as applying because of the EPIP Act or Part 2 of Schedule 3 to this Act).

New Act may apply if assessment not finalised in 2 years

(3) Two years after the commencement of the new Act, this item ceases to apply to an action described in subitem (1) or (2) if the environmental impact statement, public environment report or inquiry report (as appropriate) has not been finalised before that time.

5 Actions covered by agreement for assessment under the EPIP Act need not be assessed under the new Act

No assessment needed under new Act if there is agreement

(1) Neither Part 3, nor Subdivision A of Division 4 of Part 11, of the new Act applies to an action that is an EPIP activity, or is related to an EPIP activity, if:

(a)

before the commencement of the new Act, no decision had been made under the Administrative Procedures as to whether an environmental impact statement or a public environment report was required in relation to the EPIP activity; and

(b)

the Minister administering Part 3 of the new Act and the proponent of the EPIP activity designated under the Administrative Procedures agree in writing that the following should continue to apply in relation to the EPIP activity:

(i)

the EPIP Act;

(ii)

the Administrative Procedures;

(iii)

the regulations made under the EPIP Act; and

(c)

in the case of an action related to the EPIP activity—that Minister has certified under item 6 that the impacts that the action has, will have or is likely to have on the environment have been, are being or will be assessed under the Administrative Procedures (as applying because of the EPIP Act or Part 2 of Schedule 3 to this Act).

Note: The EPIP Act and Administrative Procedures continue to apply to the EPIP activity. See Part 2 of Schedule 3 to this Act.

Consulting States and Territories before making agreement

(2) Before the Minister administering Part 3 of the new Act makes an agreement under subitem (1) affecting the application of that Part to an action that is to be taken in a State or self-governing Territory (as defined in the new Act), he or she must consult the appropriate Minister of the State or Territory about the proposal to make the agreement.

Consultation about actions in State waters

(3) Subitem (2) applies to an action that is to be taken on, over or under the seabed vested in a State by section 4 of the Coastal Waters (State Title) Act 1980 in the same way that it applies to an action to be taken in the State.

Consultation about actions in Northern Territory waters

(4) Subitem (2) applies to an action to be taken on, over or under the seabed vested in the Northern Territory by section 4 of the Coastal Waters (Northern Territory Title) Act 1980 in the same way that it applies to an action to be taken in the Territory.

New Act may apply if assessment not finalised in 2 years

(5) Two years after the commencement of the new Act, this item ceases to apply to an action described in subitem (1) if, by that time:

(a)

an environmental impact statement relating to the EPIP activity is required under the Administrative Procedures and has not been finalised; or

(b)

a public environment report relating to the EPIP activity is required under the Administrative Procedures and has not been finalised; or

(c)

an inquiry has been directed under the EPIP Act in relation to the EPIP activity and the inquiry report has not been finalised.

6 Certification of coverage of impacts by assessment

(1) For the purposes of items 4 and 5, the Minister administering Part 3 of the new Act may certify in writing that the impacts that a specified action has, will have or is likely to have on the environment have been, are being or will be assessed under the Administrative Procedures (as applying because of the EPIP Act or Part 2 of Schedule 3 to this Act).
(2) That Minister may do so either of that Minister's own accord, or in response to a written request from a person.
(3) In deciding whether to certify, that Minister may consider only whether the impacts that a specified action has, will have or is likely to have on the environment have been, are being or will be assessed under the Administrative Procedures (as applying because of the EPIP Act or Part 2 of Schedule 3 to this Act).
(4) A person may give that Minister a written request that that Minister certify in relation to a particular action. That Minister must decide whether to grant the request within 30 days of receiving it.
(5) That Minister may, by instrument in writing, revoke a certificate relating to an action if:

(a)

either:

(i)

substantial new information relating to the action has become available since the certificate was made; or

(ii)

a substantial change in circumstances has occurred that was not foreseen at the time the certificate was made; and

(b)

because of the new information or change, that Minister is satisfied that an impact that the action has, will have or is likely to have on the environment has not been, is not being and will not be assessed under the Administrative Procedures (as applying because of the EPIP Act or Part 2 of Schedule 3 to this Act).

7 Actions exempted from Administrative Procedures need not be assessed under the new Act

(1) This item applies if, immediately before the commencement of the new Act, an exemption under the Administrative Procedures was in force so that neither an environmental impact statement, nor a public environment report nor an inquiry under the Procedures was required in relation to a Commonwealth action (as defined in the Procedures).
(2) For so long as no environmental impact statement, public environment report or inquiry under the Administrative Procedures would have been required in relation to the Commonwealth action because of the exemption (had the EPIP Act not been repealed), neither Part 3, nor Subdivision A of Division 4 of Part 11, of the new Act applies to:

(a)

an action (as defined in the new Act) that is the Commonwealth action; or

(b)

an action (as defined in the new Act) that:

(i)

is related to the Commonwealth action; and

(ii)

the Minister administering Part 3 of the new Act has certified under subitem (3) is related to the Commonwealth action.

(3) The Minister administering Part 3 of the new Act may certify in writing that a specified action is related to the Commonwealth action if, and only if, he or she believes that, when the decision was made to grant the exemption, it was envisaged that the action, or actions in a class including the action, would be permitted, caused, promoted or facilitated by:

(a)

the Commonwealth action; or

(b)

a Commonwealth action in the class of Commonwealth actions to which the exemption related.

(4) That Minister must not consider any other matters in deciding whether to certify.
(5) That Minister may certify either of that Minister's own accord, or in response to a written request from a person.
(6) A person may give that Minister a written request that that Minister certify in relation to a particular action. That Minister must decide whether to grant the request within 30 days of receiving it.

8 Part 3 of the new Act does not apply to making of regional forest agreements

Note: The EPIP Act and Administrative Procedures continue to apply to the EPIP activity. See Part 2 of Schedule 3 to this Act.

9 Part 3 of the new Act does not apply to installation of some facilities allowed under the Telecommunications Act

Part 3 of the new Act does not apply to an installation to which clause 55 of Schedule 3 to the Telecommunications Act 1997 applies.

10 Limit on application of the new Act to acts covered by consents under the World Heritage Act

Subdivision A of Division 1 of Part 3 of the new Act (about world heritage) does not apply to an act permitted by a consent given under section 9 or 10 of the World Heritage Properties Conservation Act 1983 (whether the consent was given before the repeal of that Act or under that Act as it continues to apply because of Part 2 of Schedule 6 to this Act).

Note: The World Heritage Properties Conservation Act 1983 continues to apply instead. See Part 2 of Schedule 6 to this Act.

11 Parts 3 and 13 of the new Act do not apply to acts allowed by permit under Endangered Species Protection Act

12 Parts 3 and 13 of the new Act do not apply to acts allowed by permit under the Whale Protection Act

13 Application of section 316 of the new Act

14 Application of section 328 of the new Act