Section 84 — Environment Protection and Biodiversity Conservation Act 1999: This Part does not apply if action covered by declaration

When this Part does not apply (1) This Part does not apply in relation to an action if: (a) the Minister has declared in writing that actions in a class that includes the action need not be assessed under this Part; and (b) the declaration is in operation. Note: An action will be in a class of actions declared not to need assessment under this Part only if the action has been assessed in a manner specified in the declaration. Declaration (2) The Minister may declare in writing that actions in a specified class of actions assessed by the Commonwealth or a Commonwealth agency in a specified manner do not require assessment under this Part. Prerequisites for making a declaration (3) The Minister may make a declaration only if he or she is satisfied that: (a) assessment of an action in the specified manner will include assessment of the impacts the action: (i) has or will have; or (ii) is likely to have; on each matter protected by a provision of Part 3; and (b) the specified manner of assessment meets the standards (if any) prescribed by the regulations; and (c) if the taking of an action assessed in the specified manner must be approved under Part 9, he or she will receive a report including, or accompanied by, enough information about the relevant impacts of the action to let him or her make an informed decision whether or not to approve under Part 9 (for the purpose of each controlling provision) the taking of the action. Further requirements for making a declaration (3A) Sections 34A, 34B, 34BA, 34C, 34D, 34E and 34F apply in relation to the making of a declaration under this section in the same way that they apply to the making of a declaration under section 33. Specified manner of assessment (4) The manner of assessment that may be specified in a declaration includes assessment by a Commonwealth agency under a law of the Commonwealth. This does not limit subsection (2). Publishing declaration (5) The Minister must publish a declaration in accordance with the regulations. Revoking declaration (6) The Minister may, by instrument in writing published in accordance with the regulations, revoke a declaration. Minister must not give preference (7) In making or revoking a declaration relating to an action taken: (a) by a person for the purposes of trade between Australia and another country or between 2 States; or (b) by a constitutional corporation; the Minister must not give 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.