Section 31 — Environment Protection and Biodiversity Conservation Act 1999: Extended operation in non-self-governing Territories

A person may take an action described in a provision of Part 3 without an approval under Part 9 for the purposes of the provision if: (a) the action is taken in a Territory (the action Territory) that is not a self-governing Territory; and (b) an Act providing for the government of the action Territory provides that some or all of the law of a State or self-governing Territory is in force in the action Territory as a law of the Territory; and (c) the action is one of a class of actions declared by a bilateral agreement between the Commonwealth and the State or self-governing Territory not to require approval under Part 9 for the purposes of the provision of Part 3 (because the action is approved or taken in accordance with a bilaterally accredited management arrangement or a bilaterally accredited authorisation process); and (d) the bilateral agreement specifies that the provision of the agreement making the declaration has effect in relation to actions in the action Territory; and (e) the provision of the bilateral agreement making the declaration is in operation in relation to the action; and (f) either of the following applies: (i) in the case of a bilaterally accredited management arrangement—the management arrangement is in force under a law of the State or self-governing Territory identified in or under the bilateral agreement; (ii) in the case of a bilaterally accredited authorisation process—the authorisation process is set out in a law of the State or self-governing Territory, and the law and the authorisation process are identified in or under the bilateral agreement; and (g) the action is taken in accordance with the bilaterally accredited management arrangement or bilaterally accredited authorisation process. Note: Division 3 of Part 5 explains how the operation of a bilateral agreement may be ended or suspended.