Environment Protection and Biodiversity Conservation Act 1999

A bilateral agreement that includes the declaration mentioned in subsection 46(1) in relation to actions in a class of actions:

must include provisions that authorise the Minister to determine, in writing, that a specified action in the class of actions that a person proposes to take is excluded from the agreement; and

may include provisions that authorise the Minister of the State or Territory concerned to make such a determination.

The bilateral agreement must not include a provision that prevents the Minister from making a determination mentioned in paragraph (1)(a) or limits the circumstances in which such a determination may be made.

If a determination is made in accordance with the provisions, then, for the purposes of this Act, the specified action is taken not to be an action in the class of actions to which the declaration mentioned in subsection 46(1) relates.

The action is also taken to have been referred to the Minister under subsection 68(1) (see section 69A).

As soon as practicable after the determination is made, the Minister must give the following persons a copy of it, together with a written notice that the action is taken to have been referred under section 68:

the person proposing to take the action;

unless the determination was made by a Minister of the State or Territory concerned—the appropriate Minister of the State or Territory concerned.

If the determination was made by a Minister of the State or Territory concerned, that Minister must give the Commonwealth Minister a copy of the determination as soon as practicable after the determination is made.