Section 166 — Environment Protection and Biodiversity Conservation Act 1999: This Subdivision applies if Ministers agree it should

(1) This Subdivision applies if the Minister and a Minister of a State or self-governing Territory agree that it should apply in relation to an action that: (a) is to be taken in the State or Territory by a constitutional corporation; or (b) if the agreement is with a Minister of a Territory—is to be taken in the Territory; or (c) is to be taken in the State or Territory by a person for the purposes of trade or commerce: (i) between Australia and another country; or (ii) between 2 States; or (iii) between a State and a Territory; or (iv) between 2 Territories; or (d) is to be taken in the State or Territory and is an action whose assessment under this Subdivision is an appropriate means of giving effect to Australia’s obligations under an agreement with one or more other countries. (2) This section applies to the adoption or implementation of a policy, plan or program in the same way as it applies to any other action. (3) Despite subsection (1), this Subdivision does not apply in relation to an action to be taken in 2 or more States or self-governing Territories unless there is an agreement between the Minister and a Minister of each of those States and Territories that this Subdivision should apply in relation to the action.