Document ID: chunk:federal_register_of_legislation:C2004A00486:clause:1_5:p1
Version: federal_register_of_legislation:C2004A00486
Segment Type: clause
Provision Reference: sch 1 cl 5 (pt 1/2)
Character Range: 10919–13442

5  Actions covered by agreement for assessment under the EPIP Act need not be assessed under the new Act

No assessment needed under new Act if there is agreement

(1) Neither Part 3, nor Subdivision A of Division 4 of Part 11, of the new Act applies to an action that is an EPIP activity, or is related to an EPIP activity, if:
 (a) before the commencement of the new Act, no decision had been made under the Administrative Procedures as to whether an environmental impact statement or a public environment report was required in relation to the EPIP activity; and
 (b) the Minister administering Part 3 of the new Act and the proponent of the EPIP activity designated under the Administrative Procedures agree in writing that the following should continue to apply in relation to the EPIP activity:
 (i) the EPIP Act;
 (ii) the Administrative Procedures;
 (iii) the regulations made under the EPIP Act; and
 (c) in the case of an action related to the EPIP activity—that Minister has certified under item 6 that the impacts that the action has, will have or is likely to have on the environment have been, are being or will be assessed under the Administrative Procedures (as applying because of the EPIP Act or Part 2 of Schedule 3 to this Act).

Note: The EPIP Act and Administrative Procedures continue to apply to the EPIP activity. See Part 2 of Schedule 3 to this Act.

Consulting States and Territories before making agreement

(2) Before the Minister administering Part 3 of the new Act makes an agreement under subitem (1) affecting the application of that Part to an action that is to be taken in a State or self‑governing Territory (as defined in the new Act), he or she must consult the appropriate Minister of the State or Territory about the proposal to make the agreement.

Consultation about actions in State waters

(3) Subitem (2) applies to an action that is to be taken on, over or under the seabed vested in a State by section 4 of the Coastal Waters (State Title) Act 1980 in the same way that it applies to an action to be taken in the State.

Consultation about actions in Northern Territory waters

(4) Subitem (2) applies to an action to be taken on, over or under the seabed vested in the Northern Territory by section 4 of the Coastal Waters (Northern Territory Title) Act 1980 in the same way that it applies to an action to be taken in the Territory.

New Act may apply if assessment not finalised in 2 years

(5) Two years after the commencement of the new Act, this item ceases to apply to