Section 168 — Environment Protection and Biodiversity Conservation Act 1999: Content of an agreement

Generally (1) An agreement to apply this Subdivision in relation to an action must: (a) specify that one of the following is to apply in relation to the action: (i) Division 3A of Part 8; (ii) Division 4 of Part 8; (iii) Division 5 of Part 8; (iv) Division 6 of Part 8; (v) Division 7 of Part 8; (vi) Subdivision A of Division 1 of Part 10; and (b) if it specifies that Division 3A, 4, 5 or 6 of Part 8 is to apply in relation to the action—specify the person who is taken to be the designated proponent of the action for the purposes of that Division. Agreement applying Division 5 of Part 8 (3) An agreement that specifies that Division 5 of Part 8 (about public environment reports) is to apply in relation to an action may deal with how the Minister will exercise his or her power: (a) under section 97 to prepare tailored guidelines for the preparation of a draft report; or (b) under section 98 to approve publication of a draft report or specify a period for comment. Agreement applying Division 6 of Part 8 (4) An agreement that specifies that Division 6 of Part 8 (about environmental impact statements) is to apply in relation to an action may deal with how the Minister will exercise his or her power: (a) under section 102 to prepare tailored guidelines for the preparation of a draft statement; or (b) under section 103 to approve publication of a draft statement or specify a period for comment. Agreement applying Division 7 of Part 8 (5) An agreement that specifies that Division 7 of Part 8 (about inquiries) is to apply in relation to an action may deal with how the Minister will exercise his or her power under section 107: (a) to appoint one or more persons as commissioners, and to appoint a person to preside; or (b) to specify the matters relating to the action that are to be the subject of the inquiry and report; or (c) to specify the time within which the commission must report to the Minister; or (d) to specify the manner in which the commission is to carry out the inquiry. Agreement applying Part 10 (6) An agreement that specifies that Subdivision A of Division 1 of Part 10 is to apply may: (a) be in the same document as an agreement mentioned in that Subdivision; or (b) specify the manner in which an agreement the Minister makes under that Subdivision is to provide for matters that that Subdivision requires that agreement to provide for.