33Making declaration that actions do not need approval under Part 9

33  Making declaration that actions do not need approval under Part 9 Declaration of actions not needing approval  (1) The Minister may declare in writing that actions in a class of actions specified in the declaration wholly or partly by reference to the fact that their taking has been approved by the Commonwealth or a specified Commonwealth agency, in accordance with a management arrangement or authorisation process that is an accredited management arrangement or an accredited authorisation process for the purposes of the declaration, do not require approval under Part 9 for the purposes of a specified provision of Part 3. Note 1: Subdivisions C and D set out rules about prerequisites for making a declaration and limits on making a declaration. Note 2: Section 35 provides for revocation of a declaration. What is an accredited management arrangement?  (2) A management arrangement is an accredited management arrangement for the purposes of a declaration that certain actions do not require approval under Part 9 for the purposes of a specified provision of Part 3 if and only if:  (a) the management arrangement is in operation under a law of the Commonwealth identified in or under the declaration; and  (b) the management arrangement has been accredited in writing by the Minister in accordance with this section for the purposes of the declaration. What is an accredited authorisation process?  (2A) An authorisation process is an accredited authorisation process for the purposes of a declaration that certain actions do not require approval under Part 9 for the purposes of a specified provision of Part 3 if and only if:  (a) the authorisation process is set out in a law of the Commonwealth, and the law and the authorisation process are identified in or under the declaration; and  (b) the authorisation process has been accredited in writing by the Minister in accordance with this section for the purposes of the declaration. Accrediting management arrangement or authorisation process  (3) For the purposes of subsection (2) or (2A), the Minister may accredit by written instrument a management arrangement or authorisation process for the purposes of a declaration. However, the Minister may do so only if the Minister is satisfied that:  (a) the management arrangement or authorisation process and the law under which it is in operation, or in which it is set out, meet the criteria prescribed by the regulations; and  (b) there has been or will be adequate assessment of the impacts that actions approved in accordance with the management arrangement or authorisation process:  (i) have or will have; or  (ii) are likely to have;   on each matter protected by a provision of Part 3 to which the declaration relates; and  (c) actions approved or taken in accordance with the management arrangement or authorisation process will not have unacceptable or unsustainable impacts on a matter protected by a provision of Part 3 to which the declaration relates. The Minister must publish in accordance with the regulations (if any) the instrument accrediting the management arrangement or authorisation process. Note: Subdivision C sets out more prerequisites for accrediting a management arrangement or authorisation process. Tabling of management arrangement or authorisation process before accreditation  (4) The Minister must cause to be laid before each House of the Parliament:  (a) a copy of:  (i) in the case of a management arrangement—the management arrangement; or  (ii) in the case of an authorisation process—the relevant part of the law in which the authorisation process is set out;   that the Minister is considering accrediting for the purposes of subsection (2) or (2A); and  (b) a notice that the Minister proposes to accredit the management arrangement or authorisation process for the purposes of a declaration under this section. Limitations on accreditation during period for opposition  (5) The Minister must not accredit a management arrangement or authorisation process for the purposes of subsection (2) or (2A) under a bilateral agreement:  (a) before, or within 15 sitting days after, a copy of the management arrangement or authorisation process is laid before each House of the Parliament under this section; or  (b) if, within those 15 sitting days of a House, notice of a motion to oppose accreditation of the management arrangement or authorisation process is given in that House—subject to subsection (5A), within 15 sitting days of that House after the notice is given.  (5A) If:  (a) notice of a motion to oppose accreditation of the management arrangement or authorisation process is given in a House of the Parliament within 15 sitting days after the management arrangement or authorisation process is laid before the House under this section; and  (b) the notice is withdrawn or otherwise disposed of within 15 sitting days of that House after the notice is given; then, subject to paragraph (5)(a), the Minister may accredit the management arrangement or authorisation process after the motion is withdrawn or otherwise disposed of. No accreditation after accreditation opposed  (6) The Minister must not accredit the management arrangement or authorisation process if either House of the Parliament passes a resolution opposing accreditation of the management arrangement or authorisation process following a motion of which notice has been given within 15 sitting days after the management arrangement or relevant part of the law has been laid before the House under this section. No accreditation if motion not defeated in time  (7) The Minister must not accredit the management arrangement or authorisation process if, at the end of 15 sitting days after notice of a motion to oppose accreditation of the management arrangement or authorisation process that was given in a House of the Parliament within 15 sitting days after the management arrangement or relevant part of the law was laid before the House under this section:  (a) the notice has not been withdrawn and the motion has not been called on; or  (b) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of. Extended time after dissolution or prorogation  (8) If:  (a) notice of a motion to oppose the accreditation of the management arrangement or authorisation process is given in a House of the Parliament (the opposing House); and  (b) before the end of 15 sitting days of the opposing House after the notice is given:  (i) the House of Representatives is dissolved or expires; or  (ii) the Parliament is prorogued; and  (c) at the time of the dissolution, expiry or prorogation (as appropriate):  (i) the notice has not been withdrawn and the motion has not been called on; or  (ii) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of; the management arrangement or relevant part of the law is taken for the purposes of subsections (5), (5A), (6) and (7) to have been laid before the opposing House on the first sitting day of that House after the dissolution, expiry or prorogation (as appropriate).