forestry operations means any of the following done for commercial purposes:
(a) the planting of trees;
(b) the managing of trees before they are harvested;
(c) the harvesting of forest products;
and includes any related land clearing, land preparation and regeneration (including burning) and transport operations. For the purposes of paragraph (c), forest products means live or dead trees, ferns or shrubs, or parts thereof.
(3) For the purposes of this section, neither of the following is a continuation of a use of land, sea or seabed:
(a) an enlargement, expansion or intensification of use;
(b) either:
(i) any change in the location of where the use of the land, sea or seabed is occurring; or
(ii) any change in the nature of the activities comprising the use;
that results in a substantial increase in the impact of the use on the land, sea or seabed.
Chapter 3—Bilateral agreements
Part 5—Bilateral agreements
Division 1—Object of Part
44 Object of this Part
The object of this Part is to provide for agreements between the Commonwealth and a State or self‑governing Territory that:
(a) protect the environment; and
(b) promote the conservation and ecologically sustainable use of natural resources; and
(c) ensure an efficient, timely and effective process for environmental assessment and approval of actions; and
(d) minimise duplication in the environmental assessment and approval process through Commonwealth accreditation of the processes of the State or Territory (and vice versa).
Division 2—Making bilateral agreements
Subdivision A—Power to make bilateral agreements
45 Minister may make agreement
Making bilateral agreement
(1) On behalf of the Commonwealth, the Minister may enter into a bilateral agreement.
Note 1: A bilateral agreement can detail the level of Commonwealth accreditation of State practices, procedures, processes, systems, management plans and other approaches to environmental protection.
Note 2: Subdivision B sets out some prerequisites for entering into bilateral agreements.
What is a bilateral agreement?
(2) A bilateral agreement is a written agreement between the Commonwealth and a State or a self‑governing Territory that:
(ii) promoting the conservation and ecologically sustainable use of natural resources;
(iii) ensuring an efficient, timely and effective process for environmental assessment and approval of actions;
(iv) minimising duplication in the environmental assessment and approval process through Commonwealth accreditation of the processes of the State or Territory (or vice versa); and
(b) is expressed to be a bilateral agreement.
Publishing notice of intention to enter into agreement
(3) As soon as practicable after starting the process of developing a draft bilateral agreement with a State or self‑governing Territory, the Minister must publish, in accordance with the regulations (if any), notice of his or her intention to develop a draft bilateral agreement with the State or Territory.
Publishing bilateral agreements and related material
(4) As soon as practicable after entering into a bilateral agreement, the Minister must publish in accordance with the regulations:
(a) the agreement; and
(b) a statement of the Minister’s reasons for entering into the agreement; and
(c) a report on the comments (if any) received on the draft of the agreement published under Subdivision B.
46 Agreement may declare actions do not need approval under Part 9
Declaration of actions not needing approval
(1) A bilateral agreement may declare that actions in a class of actions specified in the agreement wholly or partly by reference to the fact that their taking has been approved by:
(a) the State or self‑governing Territory that is party to the agreement; or
(b) an agency of the State or Territory;
in accordance with a management arrangement or authorisation process that is a bilaterally accredited management arrangement or a bilaterally accredited authorisation process for the purposes of the agreement do not require approval under Part 9 for the purposes of a specified provision of Part 3, other than section 24D or 24E.
What is a bilaterally accredited management arrangement?
(2) A management arrangement is a bilaterally accredited management arrangement for the purposes of a bilateral agreement declaring that certain actions do not require approval under Part 9 for the purposes of a specified provision of Part 3, other than section 24D or 24E, if and only if:
(a) the management arrangement is in force under a law of the State or Territory that is a party to the agreement and the law is identified in or under the agreement; and
(b) the management arrangement has been accredited in writing by the Minister in accordance with this section for the purposes of the agreement.
What is a bilaterally accredited authorisation process?
(2A) An authorisation process is a bilaterally accredited authorisation process for the purposes of a bilateral agreement declaring that certain actions do not require approval under Part 9 for the purposes of a specified provision of Part 3, other than section 24D or 24E, if and only if:
(a) the authorisation process is set out in a law of the State or Territory that is a party to the agreement, and the law and the process are identified in or under the agreement; and
(b) the authorisation process has been accredited in writing by the Minister in accordance with this section for the purposes of the agreement.
Accrediting management arrangement or authorisation process
(3) For the purposes of subsection (2) or (2A), the Minister may accredit in writing a management arrangement or an authorisation process for the purposes of a bilateral agreement with a State or self‑governing Territory. 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 force, 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 in relation to which the agreement makes a declaration under subsection (1); and
(c) actions approved 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 in relation to which the agreement makes a declaration under subsection (1).
The Minister must publish in accordance with the regulations (if any) the instrument accrediting the management arrangement or authorisation process.
Note: Subdivision B sets out more prerequisites for accrediting a management arrangement or an 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 copy of:
(a) in the case of a management arrangement—the management arrangement; or
(b) 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).
Limitations on accreditation during period for disallowance
(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; or
(b) if, within those 15 sitting days of a House, notice of a motion to disallow 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 disallow 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.
Disallowance motion passed
(6) The Minister must not accredit the management arrangement or authorisation process if either House of the Parliament passes a resolution disallowing the 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.
Disallowance 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 disallow 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:
(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 disallow the management arrangement or authorisation process is given in a House of the Parliament (the disallowing House); and
(b) before the end of 15 sitting days of the disallowing 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 disallowing House on the first sitting day of that House after the dissolution, expiry or prorogation (as appropriate).
No preference
(9) In accrediting a management arrangement or authorisation process for the purposes of a bilateral agreement making a declaration relating to an action:
(a) by a person for the purposes of trade between Australia and another country or between 2 States; or
(b) by a constitutional corporation;
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.
Requirements for bilateral agreement making declaration
(10) If the declaration is for actions approved in accordance with a bilaterally accredited management arrangement, the declaration does not have effect for the purposes of this Act unless the bilateral agreement requires the State or self‑governing Territory that is party to the agreement and agencies of the State or Territory:
(a) to act in accordance with the management arrangement; and
(b) not to approve the taking of actions that would be inconsistent with the management arrangement.
47 Agreement may declare classes of actions do not need assessment
Declaration of actions that do not need further assessment
(1) A bilateral agreement may declare that actions in a class of actions identified wholly or partly by reference to the fact that they have been assessed in a specified manner need not be assessed under Part 8.
Note: A declaration described in subsection (1) can accredit practices, procedures, systems of the State or self‑governing Territory for environmental assessment.
Prerequisite to declaration
(2) The Minister may enter into a bilateral agreement declaring that actions assessed in a specified manner need not be assessed under Part 8 only if he or she is satisfied that assessment of an action in the specified manner will include assessment of the impacts the action:
(a) has or will have; or
(b) is likely to have;
on each matter protected by a provision of Part 3.
Assessment approaches that may be accredited
(3) The manner of assessment of actions that may be specified in a bilateral agreement between the Commonwealth and a State or Territory for the purposes of subsection (1) includes:
(a) assessment by any person under a law of the State or Territory; and
(b) assessment by any person under an agreement or other instrument made under a law of the State or Territory; and
(c) assessment by any person in accordance with criteria specified in an instrument agreed by the parties to the bilateral agreement.
This does not limit subsection (1).
Report on actions that do not need further assessment
(4) If a bilateral agreement has (or could have) the effect that an action need not be assessed under Part 8 but the action must still be approved under Part 9, the agreement must provide for the Minister to receive a report including, or accompanied by, enough information about the relevant impacts of the action to let the Minister make an informed decision whether or not to approve under Part 9 (for the purposes of each controlling provision) the taking of the action.
48 Other provisions of bilateral agreements
(1) A bilateral agreement may include:
(a) provisions for State accreditation of Commonwealth processes and decisions; and
(b) other provisions for achieving the object of this Part; and
(c) provisions for the provision of information by one party to the agreement to the other party; and
(d) provisions for the publication of information relating to the agreement; and
(e) provisions relating to the operation of the whole agreement or particular provisions of the agreement, such as:
(i) provisions for the commencement of all or part of the agreement; or
(ii) provisions for auditing, monitoring and reporting on the operation and effectiveness of all or part of the agreement; or
(iii) provisions for review of all or part of the agreement; or
(iv) provisions for rescission of all or part of the agreement; or
(v) provisions for expiry of the agreement; and
(f) provisions varying or revoking another bilateral agreement between the same parties; and
(g) a provision dealing with a matter that another section of this Act permits a bilateral agreement to deal with.
Consistency with Act and regulations
(2) A provision of a bilateral agreement has no effect for the purposes of this Act to the extent that it is inconsistent with this Act or the regulations. A provision of a bilateral agreement is not inconsistent with this Act or the regulations if it is possible to comply with both the provision on the one hand and the Act or regulations on the other hand.
Relationship with sections 46 and 47
(3) Subsection (1) does not limit sections 46 and 47.
48A Mandatory provisions
Application
(1) A bilateral agreement with a State or self‑governing Territory including a declaration that is described in section 46 or 47 and covers actions described in subsection (2) or (3) does not have effect for the purposes of this Act unless the agreement also includes the undertaking required by subsection (2) or (3) (as appropriate).
Agreements including declarations about approvals
(2) A bilateral agreement including a declaration described in section 46 must include an undertaking by the State or Territory to ensure that the environmental impacts that the following actions covered by the declaration have, will have or are likely to have on a thing that is not a matter protected by a provision of Part 3 for which the declaration has effect will be assessed to the greatest extent practicable:
(a) actions taken in the State or Territory by a constitutional corporation;
(b) actions taken in the State or Territory by a person for the purposes of trade or commerce between Australia and another country, between 2 States, between a State and a Territory or between 2 Territories;
(c) actions that are taken in the State or Territory and are actions whose regulation is appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries;
(d) actions taken in the Territory (if applicable).
Agreements including declarations about assessment
(3) A bilateral agreement including a declaration described in section 47 must include an undertaking by the State or Territory to ensure that the environmental impacts that the following actions covered by the declaration have, will have or are likely to have (other than the relevant impacts of those actions) will be assessed to the greatest extent practicable:
(a) actions taken in the State or Territory by a constitutional corporation;
(b) actions taken in the State or Territory by a person for the purposes of trade or commerce between Australia and another country, between 2 States, between a State and a Territory or between 2 Territories;
(c) actions that are taken in the State or Territory and are actions whose regulation is appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries;
(d) actions taken in the Territory (if applicable).