Document ID: chunk:federal_register_of_legislation:C2024C00598:section:45
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 45
Character Range: 191293–193162

45  Minister may make agreement

Making bilateral agreement
 (1) On behalf of the Commonwealth, the Minister may enter into a bilateral agreement.
Note 1: A bilateral agreement can detail the level of Commonwealth accreditation of State practices, procedures, processes, systems, management plans and other approaches to environmental protection.
Note 2: Subdivision B sets out some prerequisites for entering into bilateral agreements.

What is a bilateral agreement?
 (2) A bilateral agreement is a written agreement between the Commonwealth and a State or a self‑governing Territory that:
 (a) provides for one or more of the following:
 (i) protecting the environment;
 (ii) promoting the conservation and ecologically sustainable use of natural resources;
 (iii) ensuring an efficient, timely and effective process for environmental assessment and approval of actions;
 (iv) minimising duplication in the environmental assessment and approval process through Commonwealth accreditation of the processes of the State or Territory (or vice versa); and
 (b) is expressed to be a bilateral agreement.

Publishing notice of intention to enter into agreement
 (3) As soon as practicable after starting the process of developing a draft bilateral agreement with a State or self‑governing Territory, the Minister must publish, in accordance with the regulations (if any), notice of his or her intention to develop a draft bilateral agreement with the State or Territory.

Publishing bilateral agreements and related material
 (4) As soon as practicable after entering into a bilateral agreement, the Minister must publish in accordance with the regulations:
 (a) the agreement; and
 (b) a statement of the Minister's reasons for entering into the agreement; and
 (c) a report on the comments (if any) received on the draft of the agreement published under Subdivision B.