Document ID: chunk:federal_register_of_legislation:C2024C00598:section:84:p1
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 84 (pt 1/2)
Character Range: 283759–286393

84  This Part does not apply if action covered by declaration

When this Part does not apply
 (1) This Part does not apply in relation to an action if:
 (a) the Minister has declared in writing that actions in a class that includes the action need not be assessed under this Part; and
 (b) the declaration is in operation.
Note: An action will be in a class of actions declared not to need assessment under this Part only if the action has been assessed in a manner specified in the declaration.

Declaration
 (2) The Minister may declare in writing that actions in a specified class of actions assessed by the Commonwealth or a Commonwealth agency in a specified manner do not require assessment under this Part.

Prerequisites for making a declaration
 (3) The Minister may make a declaration only if he or she is satisfied that:
 (a) assessment of an action in the specified manner will include assessment of the impacts the action:
 (i) has or will have; or
 (ii) is likely to have;
  on each matter protected by a provision of Part 3; and
 (b) the specified manner of assessment meets the standards (if any) prescribed by the regulations; and
 (c) if the taking of an action assessed in the specified manner must be approved under Part 9, he or she will receive a report including, or accompanied by, enough information about the relevant impacts of the action to let him or her make an informed decision whether or not to approve under Part 9 (for the purpose of each controlling provision) the taking of the action.

Further requirements for making a declaration
 (3A) Sections 34A, 34B, 34BA, 34C, 34D, 34E and 34F apply in relation to the making of a declaration under this section in the same way that they apply to the making of a declaration under section 33.

Specified manner of assessment
 (4) The manner of assessment that may be specified in a declaration includes assessment by a Commonwealth agency under a law of the Commonwealth. This does not limit subsection (2).

Publishing declaration
 (5) The Minister must publish a declaration in accordance with the regulations.

Revoking declaration
 (6) The Minister may, by instrument in writing published in accordance with the regulations, revoke a declaration.

Minister must not give preference
 (7) In making or revoking a declaration relating to an action taken:
 (a) by a person for the purposes of trade between Australia and another country or between 2 States; or
 (b) by a constitutional corporation;
the Minister must not give preference (within the meaning of section 99 of the Constitution) to one State or part of a State over another State or part of a