EPBC Act

Environment assessments

Bilateral agreements

A key function of bilateral agreements is to reduce duplication of environmental assessment and regulation between the Commonwealth and states/territories. Bilateral agreements allow the Commonwealth to 'accredit' particular state/territory assessment processes and, in some cases, state/territory approval decisions.

In effect, bilateral agreements allow the Commonwealth to delegate to the states/territories the responsibility for conducting environmental assessments under the EPBC Act and, in certain circumstances, the responsibility for granting environmental approvals under the EPBC Act. Bilateral agreements may also deal with various other matters, such as management plans for World Heritage properties and cooperation on monitoring and enforcement.

To be accredited, a state/territory process will need to meet ‘best practice’ criteria.

If a proposed action is covered by an assessment bilateral, then that action is assessed under the accredited state/territory process. After assessment, the proposed action still requires approval from the Minister under the EPBC Act.

If a proposed action is covered by an approval bilateral, then it will be assessed and approved by the state/territory in accordance with an agreed management plan. No further approval is required from the Minister under the EPBC Act.

Signed bilateral agreements
State/territory Date of agreement
Australian Capital Territory relating to environmental impact assessment 4 June 2009
South Australia relating to environmental impact assessment 2 July 2008
New South Wales relating to environmental impact assessment 18 January 2007
New South Wales relating to the Sydney Opera House 22 December 2005
Northern Territory relating to environmental impact assessment 31 May 2002
Queensland relating to environmental impact assessment 14 June 2012
Tasmania relating to environmental impact assessment 3 May 2011
Victoria relating to environmental impact assessment 20 June 2009
Western Australia relating to environmental impact assessment 21 March 2012
Draft bilateral agreements open for public comment
State/Territory Deadline for comment
There are no draft agreements currently available for comment

See also

Key

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