Bilateral Agreement between the Commonwealth of Australia and the State of Queensland

Overview

The Commonwealth of Australia and the State of Queensland entered into a bilateral agreement under section 45 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) to collaboratively address the protection and management of environmental assets, particularly those of national and international significance. This agreement was introduced to address the need for streamlined and efficient processes in managing environmental impacts, thus ensuring that both state and federal conservation objectives are met without unnecessary duplication or conflict. The agreement was enacted by the Commonwealth Minister for the Environment, Greg Hunt, with the policy objective of enhancing the effectiveness of environmental protection through coordinated efforts between the Commonwealth and Queensland. The intention behind the agreement is to provide a more integrated approach to environmental management, leveraging the strengths of both levels of government to better protect biodiversity and manage environmental risks.

Scope and Application

The bilateral agreement between the Commonwealth of Australia and the State of Queensland under section 45 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) serves to facilitate cooperation between the Commonwealth and the state in matters pertaining to the protection and conservation of the environment, particularly biodiversity. This agreement applies to the Commonwealth government, the government of Queensland, as well as any entities, industries, and individuals within Queensland whose activities are subject to the EPBC Act. The scope of this agreement encompasses the environmental assessments, approvals, and management measures necessary to safeguard Australia's biodiversity and its ecological processes. Geographically, the agreement operates within the jurisdiction of Queensland, and its provisions extend to any actions or projects that may impact listed threatened species, ecological communities, and heritage places of national environmental significance. While the agreement is comprehensive, it does not explicitly outline exclusions or thresholds; however, it does operate under the regulatory framework provided by the EPBC Act and its associated regulations, which may include exemptions and thresholds for certain activities. The bilateral agreement may also be extended or restricted through subordinate instruments as necessary to achieve its environmental objectives.

Key Provisions

The main provisions of the bilateral agreement between the Commonwealth of Australia and the State of Queensland under section 45 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (section 1(1)) include the delegation of certain powers and responsibilities of the Commonwealth to the State of Queensland. This includes the authority for Queensland to assess and approve certain activities that may impact matters of national environmental significance (section 1(2)). The agreement aims to streamline the environmental assessment process while ensuring compliance with the objectives of the EPBC Act. The bilateral agreement imposes specific obligations and requirements on the parties involved. The State of Queensland must establish a framework for the assessment and approval of activities that fall within the scope of the agreement, ensuring that these assessments meet the standards and criteria set out in the EPBC Act (section 1(3)). This includes the development of assessment guidelines and processes that are consistent with Commonwealth standards and the maintenance of records and documentation to support decision-making. The Commonwealth, on the other hand, is required to provide support and guidance to Queensland in implementing the agreement and to monitor compliance with the EPBC Act (section 1(4)). Breaches of the bilateral agreement or failure to comply with the requirements of the EPBC Act may result in various consequences. Under section 509 of the EPBC Act, individuals or entities found to have contravened the Act may be subject to civil or criminal penalties. Civil penalties for individuals can include fines of up to $66,600, while for bodies corporate, the fines can reach up to $3.33 million (section 509(1)(a)). In addition to financial penalties, courts may also order the cessation of activities that are causing or likely to cause harm to matters of national environmental significance (section 509(1)(b)). Criminal offences under the EPBC Act may result in imprisonment, with maximum penalties varying depending on the nature and severity of the offence (section 510). These penalties are designed to deter non-compliance and ensure the protection of Australia's environment.