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Assessment Bilateral Agreements

by on Dec.03, 2020, under Uncategorized

The NSW Bilateral Assessment Agreement requires that the objectives of the agreement be met after 12 months of operation. The review found that the parties have made considerable progress in implementing the agreement. Awareness of EPBC obligations will be strengthened and consistency and coordination in the issuance of environmental assessment requirements for the Commonwealth and NSW will be strengthened. The review also identified some aspects of how the agreement works that could be improved. The Minister of the Commonwealth will inform the relevant Victorian Minister of the controlled measures decision, which in turn will indicate whether an accredited assessment procedure should be applied. The final bilateral agreement will contain a list of West Australian processes accredited by the Federal Minister of the Environment. These processes are called “accredited processes.” Proposed measures under an accredited procedure do not require separate removal, assessment or approval from the Australian government. If this is confirmed as an appropriate procedure as part of the bilateral process, the process will be managed by the Environmental Protection Agency (EPA) in consultation with that division. The bilateral agreement allows the state to conduct environmental assessments on behalf of the Australian government, thereby eliminating duplication, including the need for a separate assessment. If an application for leave is required, the proponent may conduct an assessment of the MNES that complies with the authorization procedure, which leads the Minister of Planning to issue an assessment of the MNES to inform the authority decision under the EPBC Act and at the same time to adopt a decision on the building permit.

The BAM takes a consistent approach to assessing biodiversity values and the impact of development on biodiversity. The BAM builds on and replaces previous NSW assessment and settlement mechanisms; BioBanking and the FBA. If this path is confirmed as an appropriate process under the bilateral procedure, the process will be led by the Minister of Water. Section 45 (3) of the EPBC Act requires the Minister to issue, as soon as possible after the start of the draft bilateral agreement with a state or territory, a declaration of intent for the development of a draft bilateral agreement. The notice is published in the government newspaper, in a daily newspaper circulating in the state or territory and on the ministry`s website. The amended bilateral agreement does not include applications under Part 5 of the PEA Act if a TSE is not required, nor are applications for which the authority of approval is vested in the local government. The NSW Bilateral Assessment Agreement (the agreement) tightens the evaluation process for major projects for which the NSW and Australia governments need environmental approvals. It is produced as part of the Commonwealth`s Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). As part of the agreement, the NSW government is assessing development applications on behalf of the Australian government. The Australian government remains the decision maker for the approval of the EPBC Act, based on the evaluation report of the NSW Department of Planning, Industry and Environment.


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