Environment Protection and Biodiversity Conservation Act 1999

The CEO may from time to time cause an authorised officer to conduct an assurance review into a bilateral agreement with a State or self‑governing Territory.

The assurance review may cover any or all of the following matters:

if the bilateral agreement includes a declaration under subsection 46(1):

whether the conditions in paragraphs 46(3)(d) to (j) continue to be met in relation to any management or authorisation framework accredited for the purposes of the agreement; and

whether the administration of any such management or authorisation framework is consistent with the framework as accredited;

if the bilateral agreement includes a declaration under subsection 47(1):

whether the conditions in paragraphs 47(2)(a) and (b) continue to be met in relation to the manner of assessment specified in the declaration; and

whether the administration of the manner of assessment of actions is consistent with the manner as specified in the declaration;

whether the State or Territory is complying with the bilateral agreement;

whether the State or Territory is giving effect to the bilateral agreement in a way that accords with the objects of the Act;

if a matter protected by a provision of Part 3 covered by the bilateral agreement is relevant to Australia’s obligations under an international agreement—whether the State or Territory is giving effect to the bilateral agreement in a way that is not inconsistent with those obligations;

any other matter prescribed by the regulations.

Before the assurance review commences, the CEO must give the appropriate Minister of the State or Territory a written notice setting out the matters to be covered by the review.

The CEO must give the Minister a report of the assurance review as soon as possible after conducting the review.

The report of the assurance review may include recommendations in relation to the bilateral agreement to which the review relates.

Without limitation, recommendations under subsection (5) may include a recommendation to the Minister on whether to vary the bilateral agreement or suspend or cancel the effect of the bilateral agreement, either generally or in relation to actions in a specified class or in relation to a specified provision of Part 3.