Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 31

                   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.