Section 47 — Environment Protection and Biodiversity Conservation Act 1999: Agreement may declare classes of actions do not need assessment

Declaration of actions that do not need further assessment (1) A bilateral agreement may declare that actions in a class of actions identified wholly or partly by reference to the fact that they have been assessed in a specified manner need not be assessed under Part 8. Note: A declaration described in subsection (1) can accredit practices, procedures, systems of the State or self-governing Territory for environmental assessment. Prerequisite to declaration (2) The Minister may enter into a bilateral agreement declaring that actions assessed in a specified manner need not be assessed under Part 8 only if he or she is satisfied that assessment of an action in the specified manner will include assessment of the impacts the action: (a) has or will have; or (b) is likely to have; on each matter protected by a provision of Part 3. Assessment approaches that may be accredited (3) The manner of assessment of actions that may be specified in a bilateral agreement between the Commonwealth and a State or Territory for the purposes of subsection (1) includes: (a) assessment by any person under a law of the State or Territory; and (b) assessment by any person under an agreement or other instrument made under a law of the State or Territory; and (c) assessment by any person in accordance with criteria specified in an instrument agreed by the parties to the bilateral agreement. This does not limit subsection (1). Report on actions that do not need further assessment (4) If a bilateral agreement has (or could have) the effect that an action need not be assessed under Part 8 but the action must still be approved under Part 9, the agreement must provide for the Minister to receive a report including, or accompanied by, enough information about the relevant impacts of the action to let the Minister make an informed decision whether or not to approve under Part 9 (for the purposes of each controlling provision) the taking of the action.