Environment Protection and Biodiversity Conservation Act 1999

This section applies to an action that is to be taken in a State or self‑governing Territory only if the action:

is to be taken by a person for the purposes of trade or commerce:

between Australia and another country; or

between 2 States; or

between a State and a Territory; or

between 2 Territories; or

is to be taken by a constitutional corporation; or

is an action whose regulation is appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.

This section also applies in relation to actions to be taken in an area offshore from a State or the Northern Territory. See section 157.

However, this section does not apply to an action if:

the action:

is a nuclear action; or

is to be taken entirely in a Commonwealth marine area; or

is to be taken entirely on Commonwealth land; or

is to be taken by the Commonwealth or a Commonwealth agency; and

the relevant impacts of the action have been assessed under Part 8.

Before the Minister (the Environment Minister) decides whether or not to approve for the purposes of a controlling provision the taking of the action, and what conditions (if any) to attach to an approval, the Environment Minister may request the appropriate Minister of the State or Territory to give the Environment Minister a notice stating the method that has been used to assess the certain and likely impacts of the action on things other than matters protected by the controlling provisions for the action.