CTHIn ForceAct
Environment Protection and Biodiversity Conservation Act 1999
84This Part does not apply if action covered by declaration
Start here
Get a plain-English read of 84
Turn the raw legal text into a practical explanation grounded in Environment Protection and Biodiversity Conservation Act 1999.
84 This Part does not apply if action covered by declaration
When this Part does not apply
(1) This Part does not apply in relation to an action if:
(a) the Minister has declared in writing that actions in a class that includes the action need not be assessed under this Part; and
(b) the declaration is in operation.
Note: An action will be in a class of actions declared not to need assessment under this Part only if the action has been assessed in a manner specified in the declaration.
Declaration
(2) The Minister may declare in writing that actions in a specified class of actions assessed by the Commonwealth or a Commonwealth agency in a specified manner do not require assessment under this Part.
Prerequisites for making a declaration
(3) The Minister may make a declaration only if he or she is satisfied that:
(a) assessment of an action in the specified manner will include assessment of the impacts the action:
on each matter protected by a provision of Part 3; and
(b) the specified manner of assessment meets the standards (if any) prescribed by the regulations; and
(c) if the taking of an action assessed in the specified manner must be approved under Part 9, he or she will receive a report including, or accompanied by, enough information about the relevant impacts of the action to let him or her make an informed decision whether or not to approve under Part 9 (for the purpose of each controlling provision) the taking of the action.
Further requirements for making a declaration
(3A) Sections 34A, 34B, 34BA, 34C, 34D, 34E and 34F apply in relation to the making of a declaration under this section in the same way that they apply to the making of a declaration under section 33.
Specified manner of assessment
(4) The manner of assessment that may be specified in a declaration includes assessment by a Commonwealth agency under a law of the Commonwealth. This does not limit subsection (2).
Publishing declaration
(5) The Minister must publish a declaration in accordance with the regulations.
Revoking declaration
(6) The Minister may, by instrument in writing published in accordance with the regulations, revoke a declaration.
(7) In making or revoking a declaration relating to an action taken:
the Minister must not give preference (within the meaning of section 99 of the Constitution) to one State or part of a State over another State or part of a State.
Division 3—Decision on assessment approach
Subdivision A—Simplified outline of this Division
85 Simplified outline of this Division
The Minister must choose one of the following ways of assessing the relevant impacts of an action the Minister has decided is a controlled action:
(a) an accredited assessment process;
(aa) an assessment on referral information;
(b) an assessment on preliminary documentation;
(c) a public environment report;
(d) an environmental impact statement;
(e) a public inquiry.
Subdivision B—Deciding on approach for assessment