Environment Protection and Biodiversity Conservation Act 1999

A person may take an action described in a provision of Part 3, other than section 24D or 24E, without an approval under Part 9 for the purposes of the provision if:

the action is taken in a State or self‑governing Territory; and

the action is one of a class of actions declared by a bilateral agreement between the Commonwealth and the State or Territory not to require approval under Part 9 for the purposes of the provision (because the action is approved in accordance with a management or authorisation framework that is accredited for the purposes of the agreement); and

the provision of the bilateral agreement making the declaration is in operation in relation to the action; and

the action is taken in accordance with the management or authorisation framework.

Section 46 deals with bilateral agreements making declarations described in paragraph (1)(b).

Division 3 of Part 5 explains how the operation of a bilateral agreement may be ended or suspended. Also, under section 49, bilateral agreements do not operate in relation to actions in Commonwealth areas or in the Great Barrier Reef Marine Park, or actions taken by the Commonwealth or a Commonwealth agency, unless they expressly provide that they do.

If the action is to be taken in 2 or more States or self‑governing Territories, this section does not operate unless it operates in relation to each of those States or Territories.