Environment Protection and Biodiversity Conservation Act 1999

The Minister may agree in writing with a person responsible for the adoption or implementation of a policy, plan or program that an assessment be made of the impacts of actions under the policy, plan or program on a matter protected by a provision of Part 3.

The agreement may also provide for the assessment of other certain and likely impacts of actions under the policy, plan or program if:

the actions are to be taken in a State or self‑governing Territory; and

the appropriate Minister of the State or Territory has asked the Minister administering this section to ensure that the assessment deal with those other impacts to help the State or Territory, or an agency of the State or Territory, make decisions about the actions; and

the actions:

are to be taken by any person for the purposes of trade or commerce between Australia and another country, between 2 States, between a State and a Territory or between 2 Territories or by a constitutional corporation; or

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

Paragraph (1A)(a) also applies to actions to be taken in an area offshore from a State or the Northern Territory. See section 157.

The agreement must provide for:

the preparation of terms of reference for a report on the impacts to which the agreement relates; or

all of the following:

the preparation of draft terms of reference for a report on the impacts to which the agreement relates;

the publication of the draft terms of reference for public comment for a period of at least 28 days that is specified by the Minister;

the finalisation of the terms of reference, to the Minister’s satisfaction, taking into account the comments (if any) received on the draft terms of reference.

The agreement must provide for:

the preparation of a draft of a report on the impacts to which the agreement relates; and

the publication of the draft report for public comment for a period of at least 28 days that is specified by the Minister; and

the finalisation of the report, taking into account the comments (if any) received after publication of the draft report; and

the provision of the report to the Minister; and

the making of recommendations by the Minister to the person about the policy, plan or program (including recommendations for modification of the policy, plan or program); and

the endorsement of the policy, plan or program by the Minister if he or she is satisfied that:

the report adequately addresses the impacts to which the agreement relates; and

either the recommended modifications of the policy, plan or program (if any) have been made or any modifications having the same effect have been made; and

any other matter prescribed by the regulations.

If the impacts of actions under a policy, plan or program are assessed under an agreement under this Part, the Minister may decide on a less onerous approach for an assessment relating to an individual action under the policy, plan or program. See section 87.

If the Minister endorses a policy, plan or program embodied in a management or authorisation framework, the Minister may declare under section 33, or make a bilateral agreement declaring, that actions approved in accordance with the framework do not need approval for the purposes of a specified provision of Part 3.

If the agreement relates to actions to be taken in a State or self‑governing Territory, the Minister must tell the appropriate Minister of the State or Territory:

that the agreement has been made; and

what those actions are (in general terms).