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

Overview

The Bilateral Agreement between the Commonwealth of Australia and the State of Victoria, enacted under section 45 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), was introduced to streamline the environmental approval process, particularly for major projects, by reducing duplication and enhancing efficiency between the Commonwealth and the State. This agreement was created to address the inefficiencies and delays previously experienced in the environmental assessment and approval process, aiming to ensure that major projects are assessed in a more coordinated and timely manner. The agreement was enacted by the Commonwealth of Australia and the State of Victoria, with the policy objective of fostering better environmental outcomes through a more streamlined and integrated approach to environmental management and decision-making. This collaboration aims to protect the environment while facilitating the development of significant projects in a manner that is both sustainable and efficient.

Scope and Application

The bilateral agreement between the Commonwealth of Australia and the State of Victoria under section 45 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) pertains to the coordination and alignment of environmental assessment and approval processes, aiming to enhance the efficiency and effectiveness of environmental protection within Victoria. This agreement applies to entities and persons within the state that are involved in activities requiring assessment and approval under the EPBC Act. The jurisdictional reach of this bilateral agreement is specifically limited to Victoria, where it seeks to streamline the environmental assessment process by allowing the state to administer certain aspects of the EPBC Act, thereby reducing duplication and improving regulatory outcomes. However, the agreement does not extend to activities that are subject to exclusive Commonwealth jurisdiction or those that involve matters of national environmental significance, as these remain under the purview of the Commonwealth. The agreement may also be supplemented or modified through subordinate instruments, which further define the scope and application of the bilateral arrangements.

Key Provisions

The main operative sections of this bilateral agreement between the Commonwealth of Australia and the State of Victoria, as notified under section 45 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), establish the framework for cooperation and shared responsibility in protecting and managing the environment. The agreement, which can be found at www.environment.gov.au/epbc/bilateral-agreements/vic, outlines the specific roles, responsibilities, and mechanisms through which both parties will work together to protect and conserve biodiversity and manage environmental impacts. Section 45 of the EPBC Act provides the legal basis for entering into such agreements, enabling streamlined processes and coordination between federal and state jurisdictions. Under the agreement, the Commonwealth and Victoria commit to various obligations and requirements aimed at achieving better environmental outcomes. These include the establishment of joint committees and working groups to facilitate regular communication and collaboration on environmental matters (section 45(2)(a)). The agreement also mandates the sharing of environmental data and information, joint assessments of environmental impacts, and the development of coordinated policies and strategies to address environmental challenges (section 45(2)(b)-(c)). Furthermore, the agreement sets out specific procedures for environmental assessments and approvals, ensuring that both parties have a clear understanding of their respective roles in the decision-making process (section 45(2)(d)-(e)). Breaches of the obligations and requirements set out in the bilateral agreement may have serious consequences. While the agreement itself does not specify penalties, breaches of the EPBC Act, which underpins the agreement, can result in both civil and criminal penalties. For example, under section 510 of the EPBC Act, a person who contravenes a provision of the Act can be subject to a civil penalty of up to $1.1 million for a corporation and $220,000 for an individual, or both. Additionally, under section 511, a person who engages in conduct that constitutes a criminal offence under the Act can face imprisonment for up to five years, a fine of up to $330,000 for an individual or $1.65 million for a corporation, or both. These penalties underscore the importance of compliance with the terms of the bilateral agreement and the broader environmental protection framework established by the EPBC Act.