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State Development and Public Works Organisation Regulation 2020
sec.3Application of part
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### sec.3 Application of part
This part applies in relation to a project if—
the project is declared, under section 26 of the Act , to be a coordinated project; and
either—
the Commonwealth Minister decides under the Commonwealth Environment Act , section 87 , that the approach for assessing the relevant impacts of the project is assessment by an accredited assessment process and gives notice of the decision under section 91 of that Act; or
the relevant impacts of the project are to be assessed under a bilateral agreement; and
part 4A of the Act does not apply in relation to the project.
For subsection (1) (b) , it does not matter—
whether the Commonwealth Minister’s decision mentioned in subsection (1) (b) (i) is made, or the notice of the decision is given, before or after the project is declared as mentioned in subsection (1) (a) ; or
whether the requirement for the assessment mentioned in subsection (1) (b) (ii) arises before or after the project is declared as mentioned in subsection (1) (a) .
In this section—
bilateral agreement has the meaning given by the Commonwealth Environment Act , section 45 (2) .
(sec.3-ssec.1) This part applies in relation to a project if— the project is declared, under section 26 of the Act , to be a coordinated project; and either— the Commonwealth Minister decides under the Commonwealth Environment Act , section 87 , that the approach for assessing the relevant impacts of the project is assessment by an accredited assessment process and gives notice of the decision under section 91 of that Act; or the relevant impacts of the project are to be assessed under a bilateral agreement; and part 4A of the Act does not apply in relation to the project.
(sec.3-ssec.2) For subsection (1) (b) , it does not matter— whether the Commonwealth Minister’s decision mentioned in subsection (1) (b) (i) is made, or the notice of the decision is given, before or after the project is declared as mentioned in subsection (1) (a) ; or whether the requirement for the assessment mentioned in subsection (1) (b) (ii) arises before or after the project is declared as mentioned in subsection (1) (a) .
(sec.3-ssec.3) In this section— bilateral agreement has the meaning given by the Commonwealth Environment Act , section 45 (2) .
- (a) the project is declared, under section 26 of the Act , to be a coordinated project; and
- (b) either— (i) the Commonwealth Minister decides under the Commonwealth Environment Act , section 87 , that the approach for assessing the relevant impacts of the project is assessment by an accredited assessment process and gives notice of the decision under section 91 of that Act; or (ii) the relevant impacts of the project are to be assessed under a bilateral agreement; and
- (i) the Commonwealth Minister decides under the Commonwealth Environment Act , section 87 , that the approach for assessing the relevant impacts of the project is assessment by an accredited assessment process and gives notice of the decision under section 91 of that Act; or
- (ii) the relevant impacts of the project are to be assessed under a bilateral agreement; and
- (c) part 4A of the Act does not apply in relation to the project.
- (i) the Commonwealth Minister decides under the Commonwealth Environment Act , section 87 , that the approach for assessing the relevant impacts of the project is assessment by an accredited assessment process and gives notice of the decision under section 91 of that Act; or
- (ii) the relevant impacts of the project are to be assessed under a bilateral agreement; and
- (a) whether the Commonwealth Minister’s decision mentioned in subsection (1) (b) (i) is made, or the notice of the decision is given, before or after the project is declared as mentioned in subsection (1) (a) ; or
- (b) whether the requirement for the assessment mentioned in subsection (1) (b) (ii) arises before or after the project is declared as mentioned in subsection (1) (a) .