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 provision of Part 3 because the taking of the actions has been approved in accordance with a specified NOPSEMA management or authorisation framework.

The Minister must not make a declaration unless the Minister is satisfied that the following conditions are met in relation to the specified class of actions and the specified NOPSEMA management or authorisation framework:

the framework is not inconsistent with any national environmental standard prescribed by the regulations for the purposes of this paragraph;

approving an action in accordance with the framework will not be inconsistent with any national environmental standard prescribed by the regulations for the purposes of this paragraph;

actions approved in accordance with the framework will not have unacceptable impacts on matters protected by provisions of Part 3 to which the declaration relates;

See the definition of unacceptable impacts in section 527F.

actions approved in accordance with the framework will not have or be likely to have a residual significant impact on a matter protected by a provision of Part 3 to which the declaration relates;

See the definition of residual significant impact in section 527J.

the framework requires decision makers to not act inconsistently with any of the following in deciding whether to approve an action:

Australia’s obligations under a designated international agreement;

any protection statement the decision maker considers relevant;

any recovery plan the decision maker considers relevant;

In considering whether a recovery plan is relevant, the decision maker may choose to have regard to whether a protection statement applies to the same species or community.

any threat abatement plan the decision maker considers relevant;

a designated environmental instrument;

the framework requires decision makers to have regard to the following in deciding whether to approve an action:

any bioregional plan, or bioregional guidance plan, the decision maker considers relevant;

any approved conservation advice the decision maker considers relevant;

the framework includes objects that are consistent with the principles of ecologically sustainable development.

The declaration must specify the framework by identifying the instruments that together comprise the whole of the framework (including any part of the framework that is not set out in, or made under, the Act and regulations mentioned in paragraphs 36G(2)(a) and (b)).

A declaration takes effect on the day specified in the declaration, which must not be earlier than the day the declaration is made.

The Minister must, as soon as practicable after making a declaration:

give a copy of the declaration to NOPSEMA and to the Minister administering the Offshore Petroleum and Greenhouse Gas Storage Act 2006; and

publish a copy of the declaration on the Department’s website.

A declaration made under subsection (1) is not a legislative instrument.