This Part does not apply if action covered by bilateral agreement
83 This Part does not apply if action covered by bilateral agreement
This Part does not apply in relation to an action if:
the action is to be taken in a State or self‑governing Territory; and
a bilateral agreement between the Commonwealth and the State or Territory declares that actions in a class that includes the action need not be assessed under this Part; and
the provision of the bilateral agreement making the declaration is in operation in relation to the action.
Subsection (1) also applies to actions to be taken in an area offshore from a State or the Northern Territory. See section 157.
Section 47 deals with bilateral agreements making declarations described in paragraph (1)(b).
Note 2A: An action will be in a class of actions declared not to need assessment under this Part only if the action has been assessed in a manner specified in the bilateral agreement.
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.
This Act’s bill:Explanatory memorandumSecond reading speech
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