Environment Protection and Biodiversity Conservation Act 1999

The Minister may declare in writing, in relation to a specified class of actions, that the actions do not require approval under Part 9 for the purposes of a specified provision of Part 3 because the taking of the actions has been approved in accordance with a management or authorisation framework that is accredited for the purposes of the declaration.

Subdivision C deals with prerequisites for making a declaration. Subdivision D deals with suspension, variation and revocation of a declaration. Subdivision E has other provisions relating to declarations (for example, dealing with exclusion determinations and review of declarations).

The Minister may, by written instrument, accredit a management or authorisation framework for the purposes of a declaration under subsection (1).

The Minister’s power to accredit a framework is affected by other provisions of this section and sections 33A, 33B and 33C.

The Minister must not accredit a management or authorisation framework for the purposes of a declaration under subsection (1) unless the Minister is satisfied that:

the framework is wholly or partly set out in, or wholly or partly made under:

a law of the Commonwealth; or

an instrument made under a law of the Commonwealth; and

if subparagraph (a)(i) applies to the framework—the law mentioned in that subparagraph:

is identified in the declaration; and

meets any criteria prescribed by the regulations; and

if subparagraph (a)(ii) applies to the framework—the law and the instrument mentioned in that subparagraph:

are identified in the declaration; and

each meet any criteria prescribed by the regulations; and

the framework meets any criteria prescribed by the regulations; and

the framework is consistent with any national environmental standard prescribed by the regulations for the purposes of this paragraph; and

approving an action or class of actions in accordance with the framework will be consistent with any national environmental standard prescribed by the regulations for the purposes of this paragraph; and

there has been or will be adequate assessment of the impacts that actions or classes of actions approved in accordance with the framework have or will have or are likely to have on each matter protected by a provision of Part 3 to which the declaration relates (a declared protected matter); and

actions or classes of actions approved or taken in accordance with the framework will not have unacceptable impacts on a declared protected matter; and

See the definition of unacceptable impacts in section 527F.

the taking of an action or class of actions will only be approved under the framework if the approval would, assuming it were required to pass the net gain test, pass the net gain test in relation to any residual significant impact the action or class of actions has had, will have, or is likely to have, on a declared protected matter; and

See the definitions of residual significant impact and passes the net gain test in sections 527J and 527K.

the framework provides for appropriate disclosure of the greenhouse gas emissions information for actions taken in accordance with the framework; and

the Minister has considered any other relevant matter.

Subdivision C sets out more prerequisites for accrediting a management or authorisation framework.

For paragraph (k), matters that the Minister might consider relevant may include, for example, policies or plans of the Commonwealth.

The instrument accrediting the framework must identify:

if subparagraph (3)(a)(i) applies to the framework—the law mentioned in that subparagraph; or

if subparagraph (3)(a)(ii) applies to the framework—the law and the instrument mentioned in that subparagraph.

The following are not legislative instruments:

a declaration made under subsection (1);

an instrument accrediting a management or authorisation framework under subsection (2).

The Minister must publish a copy of an instrument mentioned in paragraph (5)(a) or (b):

on the Department’s website; and

in accordance with any other requirements prescribed by the regulations.