Section 167 — Environment Protection and Biodiversity Conservation Act 1999: Making an agreement

Power to make agreement (1) The Minister may make a written agreement with a Minister of a State or self-governing Territory to apply this Subdivision in relation to an action to be taken in the State or Territory. Prerequisites for making agreement (2) The Minister may agree only if he or she is satisfied that the action is not a controlled action. Minister must not make an agreement that gives preference (3) The Minister must not enter into an agreement that has the effect of giving preference (within the meaning of section 99 of the Constitution) to one State or part of a State over another State or part of a State, in relation to the taking of the action: (a) by a constitutional corporation; or (b) by a person for the purposes of trade or commerce between Australia and another country or between 2 States.