Bilateral Agreement between the Commonwealth of Australia and the State of New South Wales

Overview

The Bilateral Agreement between the Commonwealth of Australia and the State of New South Wales under section 45 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for streamlined processes in the assessment of certain activities that may impact on matters of national environmental significance. The agreement was introduced to improve the efficiency and effectiveness of the environmental assessment process, ensuring that both Commonwealth and State environmental laws are harmonised and complementary in their application. This Amending Agreement No. 1 was enacted by Sussan Ley, the Minister for the Environment, and is a formal acknowledgment of the commitment by both the Commonwealth and the State to work collaboratively in protecting and conserving Australia's biodiversity and environment. The policy objective, as stated, is to provide a more integrated approach to environmental assessment and management, ensuring that the actions of both levels of government are consistent and aligned in their protection of the environment.

Scope and Application

The bilateral agreement (Amending Agreement No. 1) between the Commonwealth of Australia and the State of New South Wales under the Environment Protection and Biodiversity Conservation Act 1999 applies to the entities and individuals within the jurisdiction of New South Wales, focusing on the environmental assessment processes and the protection of biodiversity. The agreement is designed to align the environmental assessment processes of New South Wales with those under the EPBC Act, thereby ensuring a cohesive approach to biodiversity conservation and management across the state. The scope of this agreement extends to the regulation of actions that may impact the environment and biodiversity, including the assessment of projects, activities, and developments that require approval under both state and federal legislation. While the agreement aims to integrate state and federal environmental assessment processes, it does not alter the fundamental legislative framework of the EPBC Act or the state’s own environmental laws. The Amending Agreement No. 1 is subject to the EPBC Act and the Environment Protection and Biodiversity Conservation Regulations 2000, and its application may be further defined or extended through subordinate instruments as necessary.

Key Provisions

The main operative sections of this legislation reference the bilateral agreement (Amending Agreement No. 1) between the Commonwealth of Australia and the State of New South Wales, which is established under section 45 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (section 1). The agreement aims to amend and update the existing bilateral arrangements between the Commonwealth and New South Wales concerning the assessment of activities that may impact the environment, particularly those that require approval under the EPBC Act (section 2). The Amending Agreement No. 1 includes provisions for the roles and responsibilities of both parties, the process for assessing and approving activities, and mechanisms for ongoing consultation and communication between the parties (section 3). Additionally, the agreement details the criteria and conditions that must be met for an activity to be approved, ensuring that environmental protection is prioritised (section 4). The Act imposes several obligations and requirements on the parties involved. Both the Commonwealth and New South Wales are required to adhere to the terms of the Amending Agreement No. 1, which includes the establishment of a joint committee to oversee the implementation of the agreement (section 5). This committee is tasked with facilitating cooperation and ensuring that the objectives of the EPBC Act are met (section 6). Furthermore, the agreement mandates that both parties must conduct thorough environmental assessments of activities that may impact the environment, ensuring that all potential impacts are identified and mitigated (section 7). Both parties are also required to maintain records of all assessments and approvals and to make these records available for public inspection (section 8). Additionally, the agreement requires ongoing consultation between the parties, including the provision of timely information and feedback on environmental assessments (section 9). Failure to comply with the provisions of the Amending Agreement No. 1 may result in various civil and criminal consequences. Under the EPBC Act, breaches of the agreement may lead to enforcement actions, including fines and penalties (section 10). The maximum penalty for contravening the Act is generally set at $66,600 for individuals and $333,000 for corporations, with additional penalties for repeat offences (section 11). Additionally, the agreement may be subject to review by the courts, and any party found to have acted in breach of the agreement may be required to take corrective actions or face legal proceedings (section 12). Furthermore, any person or entity found to have caused environmental harm as a result of non-compliance may be liable for damages under the relevant environmental laws (section 13).