5BFunctions—evaluating infrastructure proposals

5B Functions—evaluating infrastructure proposals

National planning and assessment framework (1) Infrastructure Australia must develop a national planning and assessment framework to promote national consistency and coordination in infrastructure evaluations. (2) The framework is not a legislative instrument. (3) Infrastructure Australia must give the framework to the Minister and publish the framework on Infrastructure Australia’s website. (4) Infrastructure Australia must review the framework at least every 5 years. (5) In developing and reviewing the framework, Infrastructure Australia must consult with States and Territories. Evaluations (6) For the purposes of paragraph 5(aa), Infrastructure Australia has the function of evaluating, or endorsing evaluations conducted by or for States or Territories of, proposals covered by subsection (7) that are submitted by any of the following: (a) the Commonwealth; (b) a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013); (c) a Commonwealth company (within the meaning of that Act); (d) a State; (e) a Territory. (7) For the purposes of subsection (6), this subsection covers proposals for investment in, or enhancements to, the following infrastructure: (a) nationally significant infrastructure; (b) other infrastructure determined by the Minister. (8) A determination made by the Minister under paragraph (7)(b) is a legislative instrument. (8A) In performing the function mentioned in subsection (6) in relation to a proposal, Infrastructure Australia must consider what impacts the proposal, if carried out, would have on: (a) Australia’s net greenhouse gas emissions, as reported in national inventory reports in accordance with: (i) the United Nations Framework Convention on Climate Change, done at New York on 9 May 1992, as amended and in force for Australia from time to time; and (ii) the Paris Agreement, done at Paris on 12 December 2015, as amended and in force for Australia from time to time; and (b) the achievement of Australia’s greenhouse gas emissions reduction targets; and (c) any policy issues arising from climate change that Infrastructure Australia considers relevant to the proposal.

Note: The United Nations Framework Convention on Climate Change is in Australian Treaty Series 1994 No. 2 ([1994] ATS 2) and the Paris Agreement is in Australian Treaty Series 2016 No. 24 ([2016] ATS 24). They could in 2023 be viewed in the Australian Treaty Series Library on the AustLII website (www.austlii.edu.au).

(9) As soon as practicable after the end of each quarter, Infrastructure Australia must make available on its website: (a) a summary of each proposal evaluated by Infrastructure Australia during the quarter; and (b) a summary of each proposal for which Infrastructure Australia endorsed an evaluation during the quarter. Tabling requirement (10) Infrastructure Australia must cause a copy of the following documents to be tabled in each House of the Parliament within 10 sitting days of that House after the document is finalised: (a) the national planning and assessment framework mentioned in subsection (1); (b) the summaries mentioned in subsection (9).