64Simplified outline of this Part

64  Simplified outline of this Part

Part IV of the BBNJ Agreement establishes an environmental impact assessment process for parties to the Agreement to prevent, mitigate and manage the impacts or potential impacts of planned activities on the marine environment in areas beyond national jurisdiction.

This Part sets out the process for conducting an environmental impact assessment of the following kinds of activities:

 (a) an activity carried out, or proposed to be carried out, by a person in Australian jurisdiction;

 (b) an activity carried out, or proposed to be carried out, by an Australian entity in an area beyond national jurisdiction.

Generally, a person carrying out or proposing to carry out an activity must refer the activity to the Minister if the person thinks that:

 (a) for an activity in Australian jurisdiction—an actual or potential result of the activity is substantial pollution of, or significant and harmful changes to, the marine environment in an area beyond national jurisdiction; or

 (b) otherwise—the actual or potential impacts of the activity on the marine environment in an area beyond national jurisdiction are more than minor or transitory, or are unknown or uncertain.

On receiving the referral, the Minister must decide whether the Minister reasonably believes that an actual or potential result of the activity is substantial pollution of, or significant and harmful changes to, the marine environment in an area beyond national jurisdiction. Such an activity (called a controlled activity) cannot be carried out without the Minister’s authorisation.

Before the Minister decides whether to authorise the carrying out of the controlled activity, the person must conduct an environmental impact assessment of the potential impacts of the controlled activity on the marine environment in certain areas and prepare a report of the assessment. The assessment must be conducted in accordance with guidelines that are made by the Minister following a consultation process.

A draft report of the environmental impact assessment must be prepared by the person and given to the Minister for public consultation, which may include consultation with other countries. The person may make changes to the draft report to take into account comments received during the consultation.

Once the report of the environmental impact assessment is finalised and given to the Minister, the Minister must decide whether to authorise the carrying out of the controlled activity (called a controlled activity authorisation), and what conditions to attach to the authorisation.

The Minister may only give a controlled activity authorisation if satisfied that all reasonable efforts have been made to ensure that the controlled activity can be carried out in a manner consistent with the prevention of significant adverse impacts on the marine environment in areas beyond national jurisdiction. The Minister may also vary, suspend or revoke a controlled activity authorisation in some circumstances.